Copyright and neighboring right infringement claims

If you believe your copyright or neighboring right is being infringed

Option to send a claim to our designated agent

You can ask us to take down some particular content on Enumma by sending a copyright or neighboring right infringement claim to our designated agent if:

• You’re the owner, or authorized to act on behalf of the owner, of one or more of the exclusive rights that comprise a copyright in a work, or of a neighboring right over a particular subject matter.
• You have a good-faith belief that the particular content on Enumma you want us to take down is the result or the subject of activity that constitutes an infringement of that right or of at least one of those rights, as the case may be.

How to send your claim to our designated agent

Via our webform

To send your claim to our designated agent, just fill out and submit this webform.

By email or postal mail

If you’d prefer not to use our webform, you can send your claim to our designated agent by email or postal mail, but make sure your claim has all the  elements of an effective claim.

If you send your claim by email, please include all of those elements in the body of your email (not in an attachment), if at all possible.

Please address your email or postal mail to:

Elements of an effective claim

The easiest way to make sure you don’t miss anything is by using our webform to send your claim. Just fill it out correctly, and you’ll be good to go.

Having said that, here’s what you should know:

• Your claim must be based on a law that governs the handling of copyright or neighboring right infringement claims by intermediaries for the purpose of limiting their liability, such as Section 512 of the United States Copyright Law contained in Title 17 of the United States Code.

• The elements of an effective claim (and how we handle your claim) may vary depending on which law you base your claim on:

  • If you base your claim on US law (which you can always do because of our ties to the US), your claim must include the elements set out in Section 512(c)(3)(A) of the United States Copyright Law contained in Title 17 of the United States Code.
  • If you base your claim on some other law and that other law sets out the elements of an effective claim, your claim must include the elements set out in that other law. However, if that other law is silent as to the elements of an effective claim, your claim must include the elements set out in Section 512(c)(3)(A) of the United States Copyright Law contained in Title 17 of the United States Code.
• If you don’t tell us which law you’re basing your claim on, we’ll apply US law.
• If you believe we shouldn’t apply US law, you can let us know which law we should apply instead in the “other comments” field of our webform or in the claim you send to our designated agent by email or postal mail. If you’re using our webform, you must also include in the “other comments” field any information required for your claim to be effective that we don’t ask for elsewhere in the webform.

Taking all of that into account, and to help us process your claim without delay, we recommend that in your claim you at least:

• Include your email address.
• Identify and link to or copy down the specific URL of the infringing content.
• State the full legal name of the owner of the infringed right or rights.

• Include the following statements:

  • “This is a copyright or neighboring right infringement claim under Enumma’s Infringement Claims Policy and the information in this claim is accurate.”
  • “I certify, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner, of one or more of the exclusive rights that comprise the copyright in the work I identify in this claim, or of a neighboring right over the subject matter I identify in this claim, as the case may be.”
  • “I have a good-faith belief that the particular content on Enumma I point to in this claim is the result or the subject of activity that constitutes an infringement of that right or of at least one of those rights, as the case may be.”
  • “In particular, I have a good-faith belief that the activity I’m complaining about is not authorized under any valid license or under the law, including any exception such as fair use or fair dealing.”
  • “Please take down the content on Enumma I point to in this claim.”
• Include your own full legal name as your signature if you’re sending your claim via our webform or by email, or your own full legal name and physical signature if you’re sending your claim by postal mail. If you’re acting on behalf of a person, company or organization, the full legal name that you sign with or state in your claim must be your own, not that of the person, company or organization you’re representing.
• Include any other information required for your claim to be effective if you’re basing your claim on any non-US law that requires additional information.

We encourage you to include your email address in your claim so that you can receive important follow-up communications from us without delay. If you don’t include your email address, we might have to send you correspondence by regular postal mail, potentially across national lines. If that’s the case, delivery can take a long time and you might not be able to take time-critical actions in a timely fashion.

How we’ll handle your claim

Quick actions after we receive your claim

After our designated agent receives an effective claim from you, we’ll quickly:

• Take down the particular content you specifically pointed to in your claim (even if the law you based your claim on doesn’t require that we do so to qualify for the limitation on liability accorded by that law).
• Let the affected user know we took down that content in response to a copyright or neighboring right infringement claim.

By “affected user” we mean the user with “owner” permissions over the profile account associated with the content we took down.We’ll share with the affected user the information in your claim about the protected work or subject matter on which you based your claim. That way the affected user can understand why we took down the content you complained about in your claim. We won’t share with the affected user your name, your contact information, or the name of the owner of the infringed right or rights, unless you included that information in the “other comments” section of our webform or in any other field in our webform that didn’t specifically ask for that information, or unless the law or a competent authority warrants or requires that we do so.

Content reinstatement at the affected user’s request

If your claim is based on US law and our designated agent receives an effective content reinstatement request from the affected user, we’ll:

• Quickly send you a copy of that request by email, or if we don’t have your email address, by regular postal mail.
• Wait no less than 10 US business days after the day we received the affected user’s request before reinstating the content we had taken down.
• Reinstate that content unless our designated agent first receives an effective notice of legal action from you.

If in your claim you told us that you’re not basing your claim on US law but on some other law, we may adjust how we handle the affected user’s reinstatement request so as to ensure that we qualify for protection against liability in relation to the activity you complained about in your claim. For example, if warranted, we may decide to wait longer before reinstating the content we had taken down, or to refrain from reinstating that content altogether.

Please consider that if we have to send you the copy of the affected user’s request by regular postal mail because we don’t have your email address, it can take a long time for you to receive that copy. We encourage you to include your email address in your claim so that you can receive our communications quickly and don’t risk missing important deadlines.

How to send a notice of legal action to our designated agent

You can send the notice of legal action to our designated agent by email or postal mail. If we sent you your copy of the affected user’s content reinstatement request by email, please reply directly to that email with your notice of legal action.

Requirements for an effective notice of legal action

If your claim is based on US law, you may send a notice of legal action to our designated agent only if:

• The owner of the infringed right or rights that you identified in your claim, or someone acting on behalf of that owner, has filed an action before a court seeking to restrain the affected user from engaging in the activity you complained about in your claim.
• That court has subject-matter jurisdiction to issue that type of relief and hasn’t issued a final and nonappealable order dismissing that action or denying that relief.

Based on that, we recommend your notice include:

• A file-stamped copy of the complaint or of another court document that proves the action we described above has been filed and meets the characteristics we set out in that description.
• The following statement:“This is a notice of legal action under Enumma’s Infringement Claim Policy. The court that is hearing the action evidenced by the document I’ve included in this notice hasn’t issued a final and nonappealable order dismissing that action or denying the relief sought by that action.”
• Your full legal name as your signature, if you’re sending your notice by email, or your full legal name and physical signature, if you’re sending your notice by postal mail. The full legal name that you sign with or state in your notice must be your own.

If in your claim you told us that you’re not basing your claim on US law but on some other law, we’ll accept and handle your notice in accordance with that other law. For example, if that other law says we must accept evidence of an action other than the type of action we describe above, then we’ll accept that evidence.

Other asks in your claim

Application of strikes

We recognize that not all allegations of infringement are the same. Some may pertain to infringements that are small or of minor consequence, while others may pertain to infringements of a more serious nature. Some may be strong and compelling, while others may be more susceptible to some type of challenge, such as a fair use or fail dealing. Because of that, we leave it up to you to tell us in your claim if we should apply a strike to the profile account associated with the content you complained about and to the user account with “ownership” permissions over that profile account. If you’d like us to do that, please say so in the “other comments” field of our webform or in the claim you send to our designated agent by email or postal mail.

Measures to prevent reuploads

When a user reuploads content that we had taken down because of a claim by you, that doesn’t necessarily mean that the user has once again engaged in the infringing activity you complained about in your claim. That’s because circumstances may have changed. For example, the user may have procured all necessary licenses before reuploading the content, or the right or rights you based your claim on may have since expired.

Similarly, that a first user engaged in activity infringing on a right doesn’t necessarily mean that a second user engaging in the same activity is also infringing the same right. For example, the second user may have a license that the first user didn’t have. Also, that the first user didn’t challenge an infringement claim doesn’t necessarily mean that the second user won’t do so given the chance.

For all of those reasons, the way we generally combat infringing reuploads is by allowing a claimant to file a claim with respect to each upload and reupload. Each claim can lead to a strike against the profile account through which the content was uploaded or reuploaded and against the user account with owner permissions over that profile account. Because accumulation of strikes can lead to account terminations, strikes discourage repeat infringement, including infringing reuploads.

Having said that, some non-US laws may require that, in some circumstances, we take additional measures to prevent content reuploads (which may be limited to content reuploads through the same user or profile account through which the content was uploaded in the first place). However, because not all claimants that base their claims on one of those laws may want us to take measures of that sort, and because some of them may lack a legal basis for asking that we do so, we rely on you to tell us if we should apply measures of that sort in your case. Accordingly, if you based your claim on one of those non-US laws, you can ask us to take measures of that sort in the “other comments” section of our webform or in the claim you send to our designated agent by email or postal mail. If you do so, we’ll evaluate what additional measures are warranted and reasonable under the circumstances.

How to retract your claim

You can retract your claim only by sending an effective retraction email to our designated agent.For your retraction email to be effective, you must:

• Send it from the same email address that you shared with us in your claim.
• Address it to designate.agent@enumma.com.

• Have it include in its body (not in an attachment):

  • The specific URL of the content on Enumma that you had complained about in your claim.
  • The following statement:
    
    “I retract the copyright or neighboring right infringement claim I sent to Enumma’s designated agent in relation to the content I identify in this email.”
  • Your full legal name as your signature.

If you can’t meet these requirements, please contact our designated agent (preferably by email) to explain why that’s the case. We’ll try to figure out a solution for you.

If someone claims you’re infringing a copyright or neighboring right

How a claim affects you and what you can do about it

As we explain above, our designated agent might receive a claim that content associated with a profile account is the result or the subject of activity that infringes a copyright or neighboring right.If the claim has all the elements of an effective claim and you have owner permissions over the profile account in question, here’s what you can expect and what you can do about it.After our designated agent receives the claim, we’ll quickly:

• Take down the particular content the claim points to.
• Apply one strike to your user account and one strike to the profile account associated with the content we took down, if the claimant asked us to do so.
• Send you an email to let you know about the claim and the actions we took in response to the claim.

In that email, we’ll let you know which particular content we took down and forward you some of the information received by our designated agent about the copyrighted work or protected subject matter on which the claim was based. If you have a good-faith belief that we took down your content because of a misidentification or other mistake, you can send a content reinstatement request to our designated agent, as we explain below.

You can read about the consequences of strikes here.

How to send a content reinstatement request to our designated agent

Via the Enumma app and our webform

To send your request to our designated agent using the Enumma app and our webform, follow these instructions.

By email or postal mail

If you’d prefer not to use the Enumma app and our webform, you can send your request to our designated agent by email or postal mail, but make sure your claim has all the elements of an effective request.

To send your request by email, please reply directly to the email we sent you and please include all of those elements in the body of your reply email (not in an attachment), if at all possible.

To send your request by postal mail, please address it to:

Elements of an effective content reinstatement request

The easiest way to make sure you don’t miss anything is by using the to send your request. Just fill out our webform correctly, and you’ll be good to go.

Typically, the infringement claim our designated agent receives will be based on US law. If so, to be effective, your request must include the elements set out in Section 512(g)(3) of the United States Copyright Law contained in Title 17 of the United States Code. If the requirements for an effective request differ from the ones set out in that statute because the infringement claim is not based on US law, we’ll let you know so that you can comply with the applicable requirements.

Taking all of that into account, and to help us process your request without delay, we recommend that in your request you at least:

• Identify the email address associated with your user account on Enumma. If you use the Enumma app and our webform to send your request or if you reply directly to the email we sent you, you can ignore this requirement since we’ll know which email address is associated with your user account on Enumma.

• State your:

  • Full legal name.
  • Complete physical address.
  • Complete phone number, including country and area codes.
• Identify and link to or copy down the specific URL of the particular content we took down. If you use the Enumma app and our webform to send your request or if you reply directly to the email we sent you, you can ignore this requirement since we’ll know which particular content your request pertains to.

• The following statements:

  • “This is a content reinstatement request under Enumma’s Infringement Claims Policy. This request or the email I’m replying to, as the case may be, identifies particular content that Enumma took down from its service. According to Enumma, that was done in response to a copyright or neighboring right infringement claim. I have a good-faith belief that Enumma took down the content because of a misidentification or other mistake. The content has not been, and will not be, the result or the subject of activity that infringes the copyright in the work the infringement claim pertains to, or the neighboring right identified in the claim, as the case may be. Please reinstate the content.”
  • “I consent to the jurisdiction of the US Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which Enumma may be found, and I will accept service of process from the person that sent the copyright or neighboring right infringement claim to Enumma, or from the person, company or other organization on behalf of which that claim was sent to Enumma, as the case may be, or from an agent of either of them.”
• Your full legal name as your signature, if you’re sending your request using the Enumma app and our webform or if you’re doing so by email, or your full legal name and physical signature, if you’re sending your request by postal mail.

How we’ll handle your content reinstatement request

If the infringement claim is based on US law, after our designated copyright agent receives an effective content reinstatement request from you, we’ll:

• Quickly remove the strikes we may have applied.
• Quickly send a copy of your request to the claimant.
• Wait 10 to 14 US business days after the day we receive your request before reinstating the content we had taken down.
• Reinstate the content we had taken down unless our designated copyright agent first receives an effective notice of legal action from the claimant.
• Reapply any strikes we may have removed if our designated copyright agent receives an effective notice of legal action from the claimant before we reinstate the content we had taken down.

If the infringement claim is based on some other law, we may adjust how we handle your request so as to ensure that we qualify for protection against liability in relation to the activity the claimant complained about. For example, if warranted, we may decide to wait longer before reinstating your content, or to refrain from reinstating your content altogether.

Also, as an exception to the procedures described above, we may delay or refrain from reinstating your content if we believe we must do that to mitigate a high risk of liability or cost in relation to the copyright or neighboring right infringement claim. You agree we won’t be liable to you in case we do so.

Strikes and how they affect you

Each strike lasts 90 calendar days counting from the day we apply it, unless we remove it before those 90 calendar days expire in response to a:

• Claim retraction.
• Content reinstatement request.

As a general rule:

• If a user account accumulates 3 strikes and maintains them for 7 full calendar days, we’ll terminate that user account and all profile accounts “owned” by that user account.
• If a profile account accumulates 3 strikes and maintains them for 7 full calendar days, we’ll terminate that profile account.

However, for the purpose of determining whether to terminate a user or profile account due to the accumulation of strikes, we may disregard strikes relating to:

• A claim by a person, or by or on behalf of a right owner, if we have reason to suspect that that person or right owner has been abusing this policy considering one or more of the following factors:

  • The percentage of claims by that person, or by or on behalf of that right owner, that are unavailing claims.
  • The recurrence of claims by that person, or by or on behalf of that right owner, relating to a use of a work or subject matter that appears likely to fall within an exception, such as fair use or fair dealing.

• Activity that was likely non-infringing based on one or more of the following factors:

  • Evidence of a right or license held by the affected user.
  • The way the work or subject matter was used in or in relation to the content the claimant complained about in light of exceptions such as fair use or fair dealing.

By an “unavailing claim” we mean an ineffective claim not cured by the claimant or a claim that was met with a content reinstatement request and not followed by a timely notice of legal action.

We may defer terminating a user or profile account for up to 90 days while we investigate any plausible grounds for disregarding strikes.