Digital Millennium Copyright Act (DMCA) Compliance

It is the policy of WhatYouAte to take appropriate action in response to allegations of copyright violations, in accordance with the Digital Millennium Copyright Act (DMCA). The U.S. Copyright Office publishes the full DMCA text (PDF file) for anyone who wishes to read it.

In the handling of a DMCA notice, we will make a good-faith attempt to contact the individual or individuals who submitted the content covered by the notice so that they may make a counter notification. We may also send a copy of this legal notice to a third party who may publish it.

Before you allege an infringement, you should consult copyright materials to be certain that the use is infringing. The U.S. Copyright Office publication called Circular 1 contains relevant information to help you determine this. In specific regard to recipes, publication FL 122 states that "Mere listings of ingredients as in recipes, formulas, compounds, or prescriptions are not subject to copyright protection."

Notification

Notification of copyright infringement must be submitted in writing via postal mail, and must contain the following items:

1. Clear and specific identification of the original copyrighted work or works that you believe has been infringed upon.
2. Clear and specific identification of the material that you claim infringes upon the work(s) you have identified. This must at least consist of one or more URLs that start with http://www.whatyouate.com/, and that identify individual content pages on the site which incorporate the material you are identifying.
3. Your contact information, including name, address, daytime telephone number, and e-mail address (if any).
4. Include this statement, which you must agree to: "I have a good-faith belief that the copyrighted materials described above are being used without the authorization of the copyright owner, its agents, or the law, in the sections of your site which I have identified."
5. Include this statement, which you must agree to: "I swear under penalty of perjury that I am authorized to enforce the copyrights that I allege have been infringed, and that the information I have provided is correct."
6. Sign the document.
7. Send the document to:
   WhatYouAte
   ATTN: DMCA Complaints
   128 Eureka St. #2
   San Francisco, CA 94114

Note that the DMCA provides that you may be held liable for damages, including costs and attorneys fees, if you falsely claim infringement of your copyrights.

Counter Notification

The registered user who submitted the affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive such a counter notification, we may reinstate the affected content.

Counter notification must be submitted in writing via postal mail, and must contain the following items:

1. Clear and specific identification of the material that was removed. This must at least consist of your site username, and if possible should include a list of URLs that start with http://www.whatyouate.com/, and that identify individual content pages on the site which incorporate the material you are identifying.
2. Your contact information, including name, address, daytime telephone number, and current email address.
3. A statement that you consent to the jurisdiction of Federal District Court in which you reside, or San Francisco, California if you do not reside in the United States, and that you will accept service of process from the person who provided notification of infringement, or an agent of that person.
4. Include this statement, which you must agree to: "I swear under penalty of perjury that I have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material."
5. Sign the document.
6. Send the document to:
   WhatYouAte
   ATTN: DMCA Counter Notification
   128 Eureka St. #2
   San Francisco, CA 94114

Questions

If you have questions or commends about our DMCA compliance policy and procedures, please contact us.