DMCA Policy for Microsoft Xbox
Microsoft Xbox respects the intellectual property rights of others and expects its users to do the same. This DMCA Policy outlines our procedures concerning allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
As an Online Service Provider (OSP), Microsoft Xbox will respond expeditiously to valid notices of alleged copyright infringement that comply with the DMCA. If we receive a proper notification, we will take down or disable access to the material alleged to be infringing and notify the user who posted the material.
Filing a DMCA Takedown Notice
If you believe that your copyrighted work has been copied and is accessible on Microsoft Xbox services in a way that constitutes copyright infringement, you may submit a written DMCA Takedown Notice to our designated Copyright Agent. For your notice to be valid under the DMCA, you must provide the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Microsoft Xbox to locate the material (e.g., URL or specific location on Xbox services).
- Information reasonably sufficient to permit Microsoft Xbox to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Filing a DMCA Counter-Notification
If material you posted on Microsoft Xbox services was removed or access to it was disabled due to a copyright infringement notice, and you believe that the material was removed or disabled by mistake or misidentification, you have the right to file a Counter-Notification. For your counter-notification to be valid under the DMCA, you must provide the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Microsoft may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
Upon receipt of a valid counter-notification, we will forward a copy to the original complaining party. If the complaining party does not inform us that they have filed an action seeking a court order to restrain the user from engaging in infringing activity within 10-14 business days, we may replace the removed material or cease disabling access to it.
For any further questions regarding our DMCA policy or to submit a notice, please visit our Contact Us page.