FREEHOLD

Notice and takedown

Copyright Policy

Draft — not yet reviewed by a lawyer. This is a starting point written to be edited, not a finished policy. Every [BRACKETED] value must be filled in and the whole document checked against the law where you operate before launch.

Last updated [DATE].

Reporting infringement

If something listed here is yours and you did not authorise it, use the report link on the listing and choose Copyright. That form collects everything a valid notice needs. You can also write to our designated agent.

Designated agent
[AGENT NAME]
[LEGAL ENTITY], [FULL POSTAL ADDRESS]
[AGENT EMAIL] · [PHONE]

Registering a designated agent with the U.S. Copyright Office is what makes the safe harbour in 17 U.S.C. § 512 available. It costs $6 and is done at dmca.copyright.gov; the registration has to be renewed every three years. Fill this block in and complete that registration before launch.

What a notice needs

To be effective, a notice must include:

  • a signature — physical or electronic — of the owner or someone authorised to act for them;
  • identification of the work you say has been infringed;
  • identification of the listing complained of, with enough detail for us to find it;
  • your contact details;
  • a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law; and
  • a statement that the information is accurate, and that you are the owner or authorised to act for them.

What we do

We review notices by hand, ahead of everything else in the queue. If a notice is valid we remove the listing and tell the vendor why. If it is not, we tell you why not.

Counter-notice

A vendor who believes their listing was removed by mistake may send a counter-notice to the agent above, identifying the material, consenting to the jurisdiction of the federal court for their district (or, outside the US, [JURISDICTION]), and stating under penalty of perjury a good faith belief that the removal was a mistake. We may restore the listing after [10–14] business days unless the original reporter tells us they have filed suit.

Repeat infringers

We terminate the accounts of vendors who repeatedly list work they do not have the rights to. Having a safe harbour depends on us actually doing this, so we do: [three] upheld notices ends the account.

Bad-faith notices

Knowingly misrepresenting that something is infringing carries liability for damages under § 512(f). Please be sure before you file.