Copyright notices

IThe short version

If you hold a copyright and find your work on this site without permission, send a notice with the six elements below to dmca@lotusmake.com or through the form on this page. A complete notice disables access to the material the same day. The creator receives your notice in full and may send a counter-notice. If they do, we forward it to you and restore the material between the tenth and fourteenth business day unless you tell us you have filed suit. A knowingly false notice or counter-notice carries liability under 17 U.S.C. 512(f).

IIDesignated agent

Our designated agent to receive notices of claimed infringement, registered with the United States Copyright Office under 17 U.S.C. 512(c)(2):

• Name: to be published before launch
• Address: to be published before launch
• Phone: to be published before launch
• Email: dmca@lotusmake.com

The same details appear in the Copyright Office's directory of designated agents, and the registration is renewed every three years. Email is the fastest route. The form on this page asks for each element in turn and files the notice with us directly.

IIIWhat a valid notice contains

The law, 17 U.S.C. 512(c)(3), requires six things. A notice that lacks any of them is returned to you naming the missing element, and nothing is removed until it is complete.

1. Your physical or electronic signature, or that of a person authorized to act for the copyright owner. Typing your full name at the end of an email counts.
2. Identification of the copyrighted work you believe is infringed. If one notice covers several works on this site, a representative list is enough.
3. Identification of the material you believe is infringing and enough information for us to find it: the address of the post or image on this site, one address per item.
4. Enough information for us to contact you: a postal address, a telephone number and, if you have one, an email address.
5. A statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner of the right you say is infringed or are authorized to act for that owner.

Trademark complaints go to the same address with the same information, naming the mark and its registration where one exists. They are handled under rule A7 of the terms in the same way.

IVWhat happens when a valid notice arrives

• We disable public access to the material the same day. We do not delete it; it is held so that it can be restored.
• We send the creator the full notice, including your name and contact details, together with the counter-notice form. A counter-notice can only be addressed to a named claimant, so the creator sees who made the claim.
• We log the action under rule A7 with the date, the material's address and a hash of its content. The action counts on the transparency page without any handle.
• Three notices upheld against one creator within twelve months close that creator's account. That is our repeat infringer policy under 17 U.S.C. 512(i).
• We keep notices and counter-notices for three years.

VCounter-notices

If you are the creator and you believe the material was removed by mistake or misidentification, you may send a counter-notice to dmca@lotusmake.com or from the notice in your Studio. Under 17 U.S.C. 512(g)(3) it must contain:

1. Your physical or electronic signature.
2. Identification of the material that was removed and the address where it appeared before removal.
3. A statement under penalty of perjury that you believe in good faith the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who sent the notice or their agent.

When a complete counter-notice arrives we forward a copy to the person who sent the original notice at once. We restore the material not less than ten and not more than fourteen business days after we receive the counter-notice, unless that person tells us first that they have filed an action seeking a court order against you. An incomplete counter-notice is returned naming the missing element.

A counter-notice is the appeal path for a copyright removal. The internal appeal described in the terms does not apply to it; the statute's process does.

VIMisrepresentation

Under 17 U.S.C. 512(f), a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake or misidentification, is liable for damages, including costs and attorneys' fees, incurred by the creator, by the copyright owner or by us as a result of relying on that misrepresentation. Before you send a notice, consider whether the use is one the law permits, such as fair use, and do not use a notice to settle a dispute that is not about copyright or trademark.

VIIOther complaints

This page is for copyright and trademark only. Reports under any other rule are filed at /report. Requests to remove an intimate image published without consent are filed at /takedown and are answered within 48 hours. Court orders and law-enforcement process go to legal@lotusmake.com.

VIIIQuestions

Write to dmca@lotusmake.com about a notice, and to support@lotusmake.com about anything else.