1. Our approach
Elsetube respects the rights of creators and rights holders. As an intermediary, we remove or disable access to infringing material when we receive a valid notice, in line with Section 52(1)(c) of the Copyright Act, 1957 and Rule 75 of the Copyright Rules, 2013, Section 79 of the Information Technology Act, 2000, and the US Digital Millennium Copyright Act (17 U.S.C. § 512).
2. Before you send a notice
- Only the copyright owner, or someone authorised to act for them, can send a notice.
- Consider whether the use may be allowed, for example under fair dealing or fair use (such as criticism, review, news reporting or education), under a licence, or because the work is in the public domain.
- You may want to contact the uploader first. Many issues are resolved that way.
3. How to send a copyright notice
Send your notice through the "Copyright & removal" option on our contact form or by e-mail to dsj@elsetube.com. Include:
- your full name, postal address, phone number and e-mail address, and, if you act for the owner, your relationship with them and your authority to act;
- a description of the copyrighted work, with a link to the original or other proof of ownership (such as a registration certificate);
- the exact link (URL) of each video, Spark, track, article or page on Elsetube you want removed, and timestamps if only part of a video is affected;
- this statement: "I have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law.";
- this statement: "The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed."; and
- your physical or electronic signature.
Incomplete notices may delay our response. We may share your notice, with personal contact details removed, with the uploader.
4. What happens next
We review each complete notice. If it is valid, we remove or disable access to the content, generally within 36 hours, notify the uploader and may apply a copyright strike. Under Rule 75 of the Copyright Rules, 2013, content removed in response to a notice under Indian law may be restored after 21 days unless the complainant provides an order from a competent court.
5. Counter-notice
If your content was removed by mistake or misidentification, or you have the right to use it, you can send a counter-notice through the same channel. Include:
- your full name, postal address, phone number and e-mail address;
- the content that was removed and its link on Elsetube before removal;
- this statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.";
- a statement that you consent to the jurisdiction of the courts at India (or, if your address is in the United States, of the federal district court for your address) and that you will accept service of process from the person who sent the original notice; and
- your physical or electronic signature.
We forward valid counter-notices to the complainant. Unless they tell us within 10 to 14 working days that they have started court proceedings, we may restore the content.
6. Repeat infringers
Each valid notice can result in a copyright strike. Accounts with three active strikes are terminated, and we may terminate earlier in appropriate cases. Terminated users may not create new accounts.
7. Imported content
Imported videos play from their original platform. When we receive a valid notice about an import, we remove it from Elsetube, but the original stays on its platform until you report it there as well, for example through YouTube's copyright process.
8. Misuse of this process
Sending a notice or counter-notice that you know is false can make you liable for damages, including under 17 U.S.C. § 512(f) and Indian law. We may ignore abusive notices and suspend accounts that misuse the process.
9. Trademarks and other legal requests
- Trademarks: send the details of your registered mark (number and country) and the content concerned through the same channel.
- Privacy, defamation and impersonation: contact our Grievance Officer with the links and the reason.
- Court and government orders: we comply with valid orders from courts and authorised government agencies, including under Sections 69A and 79 of the Information Technology Act, 2000. Where lawful, we tell the affected user.
10. Contact
Copyright and content removal
E-mail: dsj@elsetube.com
Online: Copyright & removal form
Address: the address shown on our Contact page