DIGITAL MILLENNIUM COPYRIGHT ACT (”DMCA”) NOTICE
At Exhibitiv, we hold creativity and the rights of artists, designers, and photographers in the highest regard. We believe that safeguarding intellectual property is not just a legal obligation but a fundamental principle that ensures a thriving, respectful, and innovative community. Every piece of art, design, or creative work embodies countless hours of dedication, passion, and unique expression, and we are steadfast in our commitment to protecting the efforts of creators who contribute to our platform.
Our adherence to intellectual property laws and established industry standards reflects our dedication to upholding the integrity of our platform and the creative industry at large. By fostering an environment that respects the ownership of ideas and works, we aim to inspire creativity, collaboration, and innovation while ensuring a safe space for creators to share their talents with confidence.
This page serves as a comprehensive resource for understanding how we address claims of copyright infringement. It outlines the steps necessary to report potential violations and provides clear instructions for submitting a valid notice of infringement or a counter-notification. Whether you are a rights holder seeking to protect your work or an artist seeking clarity on copyright concerns, we are here to assist. Simply follow the guidance provided below to ensure your concerns are addressed swiftly and in accordance with applicable laws and policies.
DMCA Provisions
The Digital Millennium Copyright Act of 1998 (DMCA), codified at 17 U.S.C. § 512, is a cornerstone of U.S. copyright law designed to address the challenges posed by the digital era. This legislation provides a structured legal framework for copyright owners who believe their rights have been violated in the online environment. Specifically, the DMCA offers a mechanism for copyright holders to take action when they, in good faith, believe their creative work has been used or distributed without proper authorization.
By establishing clear procedures for reporting alleged copyright infringement, the DMCA seeks to balance the rights of content creators, internet users, and service providers. Copyright owners who suspect unauthorized use of their intellectual property can file a formal notification with the relevant online platform or service provider, initiating a process to have the infringing material removed or access to it disabled. This process ensures that creators retain control over the use of their work while fostering accountability within the digital ecosystem.
The DMCA also emphasizes the importance of acting in good faith when making claims. Copyright owners must provide detailed information in their notices to substantiate their allegations, including identifying the specific work being infringed, the location of the infringing material, and a declaration that the claim is made under penalty of perjury. This requirement protects against frivolous or malicious claims, ensuring that the process remains fair and transparent for all parties involved.
As a foundational piece of copyright law, the DMCA underscores the value of intellectual property in the digital age and offers a vital tool for creators seeking to safeguard their work from unauthorized use or distribution online.
How to submit a Notice
If you believe that any content on exhibitiv.com infringes upon your copyright(s), you have the right to notify us by submitting a formal DMCA notice. Upon receiving a valid and complete notice, we are committed to addressing your claim promptly and thoroughly. Our process includes a comprehensive review of the claim to assess its validity and ensure it complies with applicable copyright laws. If the claim is substantiated, we will take the necessary steps, including removing or disabling access to the material in question, to prevent further unauthorized use. Additionally, we will make a good faith effort to inform the individual or entity responsible for the alleged infringement, giving them an opportunity to respond through a counter-notification process if they believe the claim is unjustified.
It is critical, however, to understand the importance of accurately representing a claim of copyright infringement. Submitting a DMCA notice should not be taken lightly. Under U.S. copyright law, knowingly misrepresenting that material is infringing when it is not can lead to serious legal repercussions. Misrepresentation in this context occurs when an individual claims that content violates their copyright despite knowing that this assertion is false or unwarranted. For example, this could include claims against content that is protected under fair use provisions, public domain status, or explicit authorization by the copyright holder.
The potential consequences of filing a false or fraudulent DMCA notice are significant. An individual found to have misrepresented a claim may be held liable for damages incurred by the accused party, which could include losses resulting from the removal of the content, harm to reputation, and disruption to business activities. Additionally, the individual may be responsible for paying substantial attorney fees and court costs associated with resolving the matter. These penalties serve to deter the misuse of the DMCA process and protect individuals or organizations from unfounded claims.
Given the legal and financial risks associated with misrepresentation, it is imperative to act responsibly and ensure the legitimacy of any infringement claim. If you are uncertain whether the material in question violates your copyright, or if you are unsure about the applicability of exceptions such as fair use, public domain, or licensing agreements, we strongly recommend seeking advice from a qualified legal professional before proceeding with a notice. By doing so, you not only safeguard your rights but also uphold the integrity of the copyright enforcement process
Response to Alleged Copyright Violation
If you believe that the content you posted has been mistakenly removed or incorrectly identified as infringing, you have the right to file a counter-notification. This process is designed to allow you to dispute the infringement claim and request that the removed material be restored. Filing a counter-notification signals your belief that your use of the material is lawful or that the claim against you was made in error.
When we receive a valid and properly completed counter-notification, we will review the information and notify the original complainant. Unless the original complainant provides evidence that they have initiated legal action to prevent the reinstatement of the content, we may restore the material within 10 to 14 business days after the counter-notification is received. This timeframe ensures that both parties have an opportunity to address the issue through proper legal channels before any action is finalized.
It is critical to understand that submitting a counter-notification carries legal responsibilities. Filing a false or misleading counter-notification, or misrepresenting the legitimacy of your claim, may result in significant legal consequences. These consequences can include liability for damages, legal costs, and attorney fees. To avoid these risks, we strongly encourage you to carefully evaluate the situation and consult with legal counsel if necessary before submitting a counter-notification. The goal of this process is to ensure fairness and accuracy while upholding the rights of all parties involved.
Significant Considerations
A clear understanding of copyright laws is essential when submitting either a DMCA notice or a counter-notification. These processes are rooted in legal frameworks that aim to protect intellectual property rights while also safeguarding legitimate use under fair use doctrines. If you have any uncertainty about whether your material is protected by copyright, whether it qualifies as fair use, or whether your claim meets the necessary criteria, we strongly recommend consulting with a qualified attorney before proceeding. Legal guidance can help ensure your actions are in full compliance with the law and reduce the risk of potential legal liabilities.
At Exhibitiv, we are steadfast in our commitment to upholding the integrity of creativity and intellectual property. Our goal is to provide a platform where original works are respected and protected, fostering an innovative and transparent environment for artists, designers, and creators. We recognize the importance of addressing copyright concerns promptly and fairly to maintain trust within our community.
If you wish to submit a DMCA notice to report an alleged copyright infringement or file a counter-notification to dispute a claim of infringement, please carefully review the requirements and complete the form provided below. Your cooperation in providing accurate and complete information ensures that we can process your request efficiently while adhering to the applicable legal standards.
