Legal
DMCA Policy
Notice, counter-notice, and repeat-infringer procedure.
Defined terms carry the meanings given in BeDeeper's shared legal definitions unless expressly redefined here.
In plain language
If you believe content on BeDeeper infringes your copyright, this is how to tell us. If a takedown notice was sent about content of yours and you believe it is mistaken, this is also how you can respond.
This Policy implements the notice-and-takedown mechanism of the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. Members in other jurisdictions may use this procedure or use any equivalent local procedure.
Related documents:
- BeDeeper's marks and general copyright approach: Copyright Policy
- Prohibited uses of BeDeeper, including infringement: Acceptable Use
- Effects of takedown on the affected account: Account Termination
1. Designated agent for DMCA notices
BeDeeper's DMCA designated agent is set out in the Company & Contact block of BeDeeper's Legal Foundation. Formal registration of the agent with the U.S. Copyright Office is tracked in BeDeeper's launch legal checklist.
Notices sent to any other address may not receive a formal response.
2. How to submit a notice of alleged infringement
To be effective under Section 512(c)(3) of the DMCA, a notice must be a written communication provided to BeDeeper's designated agent and include substantially the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or a representative list of works if multiple works at a single site are covered by a single notice.
- Identification of the material claimed to be infringing and where it is on BeDeeper — sufficient to permit BeDeeper to locate the material.
- Contact information for the complaining party (name, address, telephone number, and email address).
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Send notices by email to the DMCA designated agent contact in BeDeeper's Legal Foundation. Postal notices may be sent to the principal mailing address in BeDeeper's Legal Foundation.
Notices that do not substantially comply with the requirements above may not receive a formal response.
3. What BeDeeper does after a valid notice
On receipt of a substantially compliant notice, BeDeeper will:
- Expeditiously remove or disable access to the material at issue.
- Notify the member responsible for the material, provide a copy of the notice (or the substance of it, with contact details redacted where appropriate), and inform them of their right to submit a counter-notice under section 4.
- Retain the notice as needed to run the process and for BeDeeper's legal records.
Any interim removal is without prejudice to the member's rights under section 4 or their local law.
4. Counter-notice
If a member believes that content of theirs was removed or disabled by mistake or as a result of misidentification, they may submit a counter-notice.
To be effective, a counter-notice must be a written communication provided to BeDeeper's designated agent and include substantially the following:
- A physical or electronic signature of the member.
- Identification of the material that has been removed or disabled and the location at which the material appeared before removal or disabling.
- A statement under penalty of perjury that the member has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
- The member's name, address, and telephone number.
- A statement that the member consents to the jurisdiction of the Federal District Court for the judicial district in which the member's address is located, or if outside the United States, for any judicial district in which BeDeeper may be found, and that the member will accept service of process from the person who provided notification under section 2 or an agent of that person.
Send counter-notices by email to the DMCA designated agent contact in BeDeeper's Legal Foundation.
5. What BeDeeper does after a valid counter-notice
On receipt of a substantially compliant counter-notice, BeDeeper will:
- Promptly provide the person who submitted the original notice with a copy of the counter-notice and inform them that BeDeeper will replace or cease disabling access to the material within ten (10) to fourteen (14) business days.
- Replace the removed material or cease disabling access to it not less than ten (10) and not more than fourteen (14) business days after receipt of the counter-notice, unless BeDeeper's designated agent first receives notice from the person who submitted the original notice that they have filed an action seeking a court order to restrain the member from engaging in infringing activity relating to the material on BeDeeper.
6. Repeat infringers
BeDeeper terminates the accounts of members who are, in BeDeeper's reasonable judgment, repeat infringers of copyright. "Repeat infringer" means an account against which BeDeeper has processed multiple substantially compliant DMCA notices without effective counter-notice, or that BeDeeper has otherwise determined to be repeatedly involved in infringing activity.
Termination is handled under Account Termination.
7. Misuse
Submitting a knowingly false notice or counter-notice may result in liability under Section 512(f) of the DMCA and other applicable law. BeDeeper may take action against members or third parties who abuse the process.
8. Not legal advice
This Policy summarizes BeDeeper's DMCA process. It is not legal advice. If you are unsure whether a notice or counter-notice is appropriate, please consult qualified counsel.
9. Non-US members
Members outside the United States may use the procedure in this Policy or any equivalent local procedure. Nothing in this Policy limits any rights or remedies available under applicable local law.
10. Changes
Substantive changes to this Policy follow the notification convention in Terms of Service and the effective-date convention in BeDeeper's Legal Foundation.
11. Contact
Copyright takedown notices and counter-notices go to BeDeeper's DMCA designated agent as set out in BeDeeper's Legal Foundation. General questions about copyright at BeDeeper may be sent to legal@bedeeper.com.
