Copyright policy

Overview

Overview

Copyright exceptions are legal provisions that allow a person to use copyrighted material, in particular circumstances, without asking the copyright holder first. They are what keeps quotation, criticism, teaching and parody lawful, and they hold the rights of creators and the rights of readers in the same frame.

Before any of the rest of this page: nothing you write here is scanned for copyright. No system compares your words, your pictures or your music against a catalogue of works, and nothing is checked before it is posted. This process starts when a copyright owner sends a notice, and it starts no other way. If you are putting a poem your father read to you, a hymn, or four lines of a song into a letter for your family, nobody here is looking for it.

Note that not all unauthorized uses of copyrighted materials are infringements (see our fair use article for more information).

In the United States, the well-known copyright exception is fair use. When determining whether a particular use falls under fair use, courts consider four primary factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the copyrighted work.

Activities like criticism, commentary, and news reporting often qualify as fair use and contribute to a vibrant public discourse. In contrast, some civil law countries, including many in the European Union (EU), recognize more limited exceptions categorized under specific headings. For instance, Article 17 of the EU Digital Single Market copyright directive outlines categories such as quotation, criticism, review, caricature, parody, and pastiche.

These categories are interpreted by national courts and the Court of Justice of the European Union (CJEU), which hold the balance between freedom of expression and copyright protection. Other countries like Canada, the UK, and Australia follow a hybrid concept known as fair dealing.

Similar to fair use, fair dealing involves considering factors such as the purpose of the use and the nature of the work. However, the use must fall within specific categories like quotation, criticism, review, or news reporting. Many countries worldwide have ratified the Berne Convention, an international treaty that provides for certain copyright exceptions, including those for quotation and news reporting. However, despite some commonalities in copyright exceptions globally, there remain significant variations in laws between countries.

We ask copyright holders to consider these exceptions before sending a removal request. Removal is the only thing a notice can do to a post here: there is no way to leave one up with a label on it, or to show it to fewer people. And a great deal of what is written on this service is a person's last letter to their family, sometimes with a few lines of somebody else's words carried inside it. A notice against a post like that takes the whole post down.

Submit Report

Here are the general steps for processing a copyright complaint under the Digital Millennium Copyright Act (DMCA):

1. Identify the copyrighted material that you believe has been infringed upon. This could include providing a link to the original work or a clear description of the materials being infringed.
2. Identification of the infringing material along with sufficient information to allow us to locate it on our website or services. If you are reporting the content of a specific post, please provide a direct link to that post. It's important to note that a link to a profile page alone is insufficient for us to identify infringing materials. Please specify if the alleged infringement pertains to the header, avatar, or any other specific part of the content. Be sure to provide the URL or website/webpage link of the content you want removed. If the stolen content is an image or video located on our website provide the direct link of the content contained in the site.
3. What is the content owner's name and how was the content stolen? How is this content yours? How do you own it? Did you create it, buy it, copyright it? Who is claiming ownership of the content? Who is authorized to file the DMCA Takedown? When did you create the content and when was the content stolen?
4. Submit on DMCA.com

Can I still file a DMCA Takedown Notice if I do not live in the USA?

Yes. Most countries accept the standard DMCA Takedown Notice form and process. Although the DMCA Takedown is part of US Copyright law, a DMCA Takedown Notice is often used and accepted throughout the world and not exclusive to the United States. However, many countries have their own copyright laws specifically related to the removal of content from internet service providers and site owners within their borders. What service providers where do and do not accept the standard DMCA takedown notice form and process is dynamic and constantly changing. DMCA.com's Takedown Professionals are aware of these changes and are able to convert the information submitted through the standard DMCA Takedown sign up form to suit specific countries and/or service providers within the legal process they require.

When to Submit a Counter-Notice

A counter-notice is a formal request to reinstate the content that was removed, marking the beginning of a legal process with significant legal implications. By submitting a counter-notice, you agree to the jurisdiction of a U.S. Federal court and the disclosure of your personal information to the complainant.

You may submit a counter-notice if you believe the removed content was misidentified or if you have a genuine belief that it should not have been taken down. If you're uncertain about whether to file a counter-notice, seeking legal advice from an attorney is recommended.

Note: Reposting content that was removed due to a copyright complaint may lead to permanent account suspension. If you believe the removal was a mistake, please file a counter-notice instead of reposting the content.

What are the consequences if my account receives one or more copyright complaints?

If an account receives multiple copyright complaints or if there is evidence indicating a pattern of repeated infringement, we reserve the right to suspend the account following our Repeat Infringer Policy. This policy considers valid retractions and counter-notices. Users suspended under this policy may have the option to file an appeal for suspension.