Copyright Policy
1. Reporting Infringement (Takedown Notice)
To initiate a dispute, a copyright owner must submit a formal notification to the service provider's Designated Agent. A valid notice must include:
- Signature: A physical or electronic signature of the copyright owner or authorized representative.
- Identification of Work: Clear identification of the copyrighted material being infringed.
- Location: Precise details (such as URLs) to allow the provider to locate the infringing material.
- Contact Info: The notifier's address, phone number, and email.
- Good Faith Statement: A statement that the use is not authorized by the owner, agent, or law.
- Perjury Statement: A declaration, under penalty of perjury, that the information is accurate and the notifier is authorized to act.
2. The Counter-Notice Process
If content is removed, the accused party can submit a counter-notice if they believe the removal was a mistake or misidentification.
- Requirements: Must include contact information, a statement of consent to federal court jurisdiction, and a signature.
- Restoration: Upon receiving a valid counter-notice, the provider typically notifies the original claimant. Unless the claimant files a court action within 10 to 14 business days, the provider may restore the content.
3. Key Legal Frameworks & Forums
- DMCA Safe Harbor: Protects platforms from monetary damages if they expeditiously remove infringing content upon proper notice.
- Copyright Claims Board (CCB): Established by the CASE Act of 2020, this is a voluntary, small-claims alternative to federal court for disputes up to $30,000.
- Repeat Infringer Policy: Most platforms are required to terminate the accounts of "repeat offenders" who frequently violate copyright terms.
4. Common Defenses
When disputing a claim, common legal defenses include:
- Fair Use: Use for criticism, commentary, news reporting, or education.
- Independent Creation: Proving the work was not copied from the original.
- Licensed Use: Having a valid agreement or permission to use the content.
- Key Components of a Policy
- Notice: A formal complaint with a signature, identifying the work, location of infringement, and contact info, stating a good faith belief of infringement.
- Takedown: The online service removes the allegedly infringing material.
- Counter-Notice: The accused party can dispute the claim, stating they believe the material was removed by mistake or misidentification, often with a sworn statement and consent to U.S. court jurisdiction.
- Resolution: If a counter-notice is filed, the original claimant must file a court order within 10-14 days, or the material may be restored.
- Consequences: False notices or claims can lead to legal penalties (perjury), while repeat infringement can result in account termination.
Common Dispute Scenarios & Defenses
- Content ID (YouTube): Claimants have 30 days to release a claim after a dispute; failure to respond means the creator wins.
- Fair Use: A common defense arguing the use of copyrighted work is for commentary, criticism, news reporting, teaching, or research.
- License: Proving a valid license was obtained.
- Independent Creation: Showing the work was created separately.
How to Respond
- If you receive a notice: File a counter-notice, provide details, and be prepared for potential legal action.
- If you file a notice: Ensure accuracy and be aware of potential penalties for false claims.
- For platforms: Use their specific forms for faster, compliant responses.
- Seek Legal Advice: Consult a professional for complex disputes or potential litigation.
