DMCA Copyright Infringement Policy and Takedown Requests
If you believe your copyright-protected work was posted on a public Kavyar page without authorization, you may submit a DMCA Copyright Infringement Takedown Request (takedown request).
Learn more about the DMCA Copyright Act
What should I consider before submitting a takedown request?
A takedown request can only be submitted by the copyright holder or a designated agent authorized to act on behalf of the copyright holder.
If you are not sure if you own the copyright, please see Who Owns the Image Copyright for more information. If you're still not sure, we suggest that you first contact an attorney.
Please note you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
What do I need to include in a takedown request?
A takedown request must include the following information in order to be processed:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kavyar to locate the material.
- Your contact information, including full legal name, business name (if applicable), email address, mailing address, and telephone number.
- 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 that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of the copyright holder or designated agent authorized to act on behalf of the copyright holder.
Where do I send the takedown request?
Takedown requests can be sent through Kavyar's contact form or mailed to:
Attn: Copyright Agent
KAVYAR LLC
260 E. Main St.
Suite 6342
Rochester, New York 14604
What happens after I send a takedown request?
- Kavyar will immediately remove access to the disputed material.
- Kavyar will send a notification to the original uploader informing them that it has removed or disable access to the disputed material.
- As part of the Company’s copyright policy, Kavyar will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
What if the copyrighted work has been published without my permission?
Kavyar makes no claim as to whether submitters have the rights to their submissions and Kavyar does not perform any investigation into whether submitters have the proper rights. Publishers are solely responsible to obtain proper documentation to verify submitters have the proper rights.
Please contact the publisher directly for copyright disputes for published materials.
What if I receive a takedown notice but I own the copyright?
If you receive a takedown notice for a work that you believe you have the legal right to post or use, you can file a counter-claim.
If you are not sure if you own the copyright, please see Who Owns the Image Copyright for more information. If you're still not sure, we suggest that you first contact an attorney.
Please note you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide a written communication that sets forth the items described below.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
- Your contact information, including full legal name, business name (if applicable), email address, mailing address, and telephone number.
- The following statement, “I consent to the jurisdiction of the state and Federal courts located in Rochester, New York, and I will accept service of process from the claimant or an agent of the claimant”
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- A physical or electronic signature of the user or designated agent authorized to act on behalf of the copyright holder.
