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Legal draft

Copyright and Takedown

How a copyright complaint should be written, and what the operator can and cannot do today.

Version
0.3-draft
Status
Draft. Not in effect.
Effective date
Not set

Version history

  1. 0.1-draft (date not set). Initial attorney-review drafts. Not in effect.
  2. 0.3-draft (date not set). Account captures store the viewport, format, and image until the account is deleted. The homepage demo still does not store the image. Still a draft. Not in effect.

How to read this draft

Screenshots, once the API exists, can contain material the customer does not own. Customers remain responsible for capturing and using that material lawfully. The operator does not grant rights in third-party content. Read this page with the Terms of Service and the Acceptable Use Policy.

A capture made with an API key, or from the signed-in dashboard, stores the screenshot until the account holder deletes the account. The homepage demo does not store the image. There is still no published contact that receives a takedown notice.

No statutory safe harbor is claimed

The operator has not registered a designated agent with the United States Copyright Office. This draft does not claim the DMCA safe harbor, and it does not claim any other statutory safe harbor. A notice sent in a statutory form is not, by itself, evidence that a safe harbor applies.

TODO: OWNER/COUNSEL REVIEW. Decide which notice rules apply, including Israeli copyright practice and any US or other regime, and whether a designated-agent registration is appropriate. Do not file or imply a registration in this text until it exists.

What a complaint should include

A complete complaint is easier to act on. Send the following, in good faith, once a contact exists:

  • Your name and a way to reach you.
  • A description of the copyrighted work you believe has been used, with enough detail to identify it.
  • A description of the material you believe infringes, and where it appears. For a stored screenshot, include the target URL, the time of the request if you know it, and any image URL the service gave out.
  • A statement that you believe, in good faith, the use is not authorized by the owner, the owner's agent, or the law.
  • A statement that the information is accurate, and that you are the owner or are authorized to act for the owner.
  • Your signature, physical or electronic, if the law that applies to the notice requires one.

A person who sends a false notice can have legal responsibility under the law that applies. This draft does not set damages or penalties.

Review and response

Until a copyright contact is published, the operator cannot receive a notice through this website. Putting this draft online does not open a takedown channel.

When a channel exists, the operator intends to review complete notices, consider whether the material is something the operator hosts, and remove or disable access when the notice is sound and the law requires it or the operator agrees the material should come down. The operator intends to tell the affected customer when that is lawful and practical. No response time is promised in this draft.

TODO: OWNER/COUNSEL REVIEW. Set the review steps, the response target, who makes the decision, and what is retained about the complaint. Align the privacy notice with that record.

Responses from the affected customer

Where the law gives the affected customer a right to respond, the operator will follow that process. Where the law does not prescribe a form, the operator may still invite a response before restoring or finally removing material, if that is fair and lawful in the case.

This draft does not create a US-style counter-notification procedure and does not promise a statutory timeline for putting material back.

TODO: OWNER/COUNSEL REVIEW. Specify the contents of a response, any deadline, and the conditions for restoring material. Omit any timeline the operator cannot meet.

Repeat infringement

When accounts exist, the operator intends to suspend an account that is the subject of repeated valid infringement notices. What counts as repeated is not defined. No accounts exist to suspend today. A single mistaken or incomplete notice should not be treated as a final finding.

TODO: OWNER/COUNSEL REVIEW. Define the repeat-infringer standard, including how disputed and withdrawn notices count, before this policy takes effect.

Copyright contact

No copyright contact is published. Do not send identity documents or other sensitive files to an address this page does not list.

TODO: OWNER/COUNSEL REVIEW. Publish a monitored copyright contact after the operator can actually review notices. A contact that nobody reads is worse than a clear statement that the channel is closed.