The Digital Millennium Copyright Act (DMCA), and specifically the provisions located at 17 USC 512, set forth the steps an online service provider such as The Doodle Project LLC must follow in the event of copyright infringement on their servers.
We believe that the DMCA takedown process is a powerful tool that can help copyright holders protect their intellectual property from being exploited. We also believe that the DMCA takedown process is a powerful tool that is frequently misused to force a chilling effect on legitimate and legal speech. Our enforcement policy is an attempt to prevent the worst abuses of this process that we've seen over the years, while still upholding our legal obligations and protecting copyright holders from the misuse of their intellectual property.
DMCA reports are not accepted for content emanating from servers/services hosted by our company that are open or semi-open relays to other services as they simply echo everything they receive. You will need to contact the owner of the relayed service for assistance.
This is a complicated process, and the law surrounding it is unclear in many situations. We've tried to make this as readable as possible. If you have any questions that aren't covered here, please contact us with your questions.
None of this material should be construed as legal advice. We cannot advise you on how to protect your rights online, either your rights as a copyright holder or your rights as someone accused of copyright infringement. If you are in need of legal advice, contact a lawyer who is licensed to practice in your jurisdiction.
If you believe that someone on services run or administered by The Doodle Project LLC has violated your copyright, you may send us a Notification of Copyright Infringement. For us to process such a notification, it must substantially comply with the requirements set forth in United States law. To speed our handling of your notification, please make sure it complies with the following criteria:
Your notification will be forwarded, in its entirety, to the owner of the account posting the allegedly-infringing content. We reserve the right to make copies available to third parties, such as the Chilling Effects Clearinghouse, as we see fit, for purposes of academic study and legal review.
When we receive a properly-formatted notice of copyright infringement, we will forward it to the account owner and provide a limited amount of time to disable access to the allegedly-infringing content.
If you have received this notice from us, this disabling can generally be done in one of two ways: you can delete the entry, comment, content, or image in question, or you can allow us to set the entry, comment, content, or image in question to non-viewable or delete it. Setting an entry's security to Private or screening is not sufficient to qualify as 'disabling access' under the law, as this can be undone at any time.
If we do not hear back from you with information about which option you'd prefer within the length of time we provide for you to select an option (usually between 24-48 hours), we will assume that you would like for us to set the entry, comment, content, or image in question to be non-viewable or delete it, and we will do so. This will not affect the rest of your account or services.
You then have one of three choices:
If you have received a notice of alleged infringement, you may not re-upload or re-post the allegedly-infringing material, unless you have gone through the counter-notification process. This applies whether you have deleted the material yourself, or you have chosen to allow us to disable access to the material or delete it. If you do re-upload or re-post the material, we will be forced to entirely disable your account and will delete all of your data.
A counter-notification is a statement, under the provisions of 17 USC 512(g)(3), that you do not believe your content infringes on another person's rights, or that your use of another person's copyrighted material falls into one of the protected categories under law.
By filing a counter-notification, you are indicating that you are willing to defend your use of the material in court, if the copyright owner chooses to bring a lawsuit against you for your use of the material. This may involve civil and/or criminal penalties. We strongly suggest you contact an intellectual property lawyer licensed to practice law in your jurisdiction before you do this, so that you are aware of your rights and obligations under the law.
There are groups that may help you understand your rights and obligations, including the Chilling Effects Clearinghouse, the Electronic Frontier Foundation, and the Organization for Transformative Works. We are not affiliated with any of these organizations, and they may not be able to help you, but their mission and mandate involves educating people about their rights and obligations under intellectual property law.
A counter-notification must contain the following items:
Your counter-notification will be provided, in its entirety, to the person who provided notification of alleged infringement.
When we receive a counter-notification, we will forward it to the person who made the original notification of alleged infringement. From that point, the original notifier has 10 business days after receiving the counter-notification to file an action in court, seeking an injunction against the use of that material.
If you have provided us with a notification of infringement, and the user of our service has chosen to file counter-notification, you must inform us that you have filed court action no more than 14 days after we forward the counter-notification to you. If you do not, we will re-enable access to the allegedly-infringing material no less than 10 days, and no more than 14 days, after we forward the counter-notification unless the content was deleted in which case it must be re-added by you.
If you have received a notification of infringement, and you have provided us with your counter-notification, we will re-enable access to the allegedly-infringing material, or let you know that you can re-post the allegedly-infringing material, no less than 10 days, and no more than 14 days, after we have forwarded your counter-notification to the original notifier.
If you have filed a counter-notification, you can not re-upload or re-post the allegedly-infringing material until we notify you that the waiting period has expired. If you do, we will be forced to entirely disable your account and may delete your data.
US law requires us to disable the accounts of repeat offenders of others' copyright. What constitutes a repeat offender is not defined by law.
We currently define a repeat offender as anyone who has received five valid notifications of copyright infringement. Instances where you have filed a counter-notification, or instances where you have indicated that you do not accept the allegation of copyright infringement but do not wish to file a counter-notification, will not count against your account for purposes of determining 'repeat offender' status. We reserve the right to alter this definition in the future, at our sole discretion with or without notice.
We also reserve the right to terminate the accounts of those who, in our opinion, misuse or abuse the DMCA notification process against other users.
This policy is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.