Copyright Policy & DMCA Procedures
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Last Updated: January 2025
1. Introduction
Twilly respects the intellectual property rights of others and expects our users to do the same. This Copyright Policy outlines our procedures for handling copyright infringement claims and our compliance with the Digital Millennium Copyright Act (DMCA).
2. Copyright Protection
2.1 Your Rights
As a creator on Twilly, you retain ownership of your original content. We protect your intellectual property rights and provide tools to help you manage your content.
2.2 Our Commitment
- We respond promptly to valid copyright infringement claims
- We provide a fair process for addressing disputes
- We protect users from false or abusive claims
- We comply with applicable copyright laws
3. Copyright Infringement Reporting
3.1 What Constitutes Infringement
Copyright infringement occurs when someone uses copyrighted material without permission from the copyright owner. This includes:
- Reproducing copyrighted content without authorization
- Distributing copyrighted material without permission
- Creating derivative works without consent
- Publicly performing copyrighted works without license
3.2 How to Report Infringement
If you believe your copyright has been infringed on Twilly, please submit a DMCA takedown notice containing:
Required Information:
- Copyright Owner Information
- Your name and contact information
- Your relationship to the copyrighted work
- Your electronic signature
- Copyrighted Work Description
- Detailed description of the original work
- Title, author, and publication information
- Registration number (if applicable)
- Infringing Content Identification
- Specific URLs or locations of infringing content
- Clear description of where the content appears
- Timestamps or episode information if applicable
- Good Faith Statement
- Statement that you believe the use is not authorized
- Confirmation that the information is accurate
- Statement that you are authorized to act on behalf of the copyright owner
3.3 Submitting a DMCA Notice
Send your complete DMCA notice to:
- Email: copyright@twilly.com
- Subject Line: "DMCA Takedown Notice"
- Format: PDF or text format preferred
4. DMCA Takedown Process
4.1 Review and Validation
Upon receiving a DMCA notice, we will:
- Review the notice for completeness and validity
- Verify the copyright ownership and authorization
- Identify the specific infringing content
- Assess whether the use qualifies as fair use
4.2 Content Removal
If the notice is valid and complete:
- We will remove or disable access to the infringing content
- We will notify the content creator of the removal
- We will provide information about the counter-notification process
- We will maintain records of the takedown for legal compliance
4.3 Response Timeline
- Initial Review: Within 24-48 hours
- Content Removal: Within 48-72 hours for valid notices
- Creator Notification: Within 24 hours of removal
- Counter-Notification Processing: Within 10-14 days
5. Counter-Notification Process
5.1 Right to Contest
If your content has been removed due to a DMCA notice, you have the right to submit a counter-notification if you believe:
- The content was removed by mistake
- You have authorization to use the material
- The use qualifies as fair use
- You own the copyright to the material
5.2 Counter-Notification Requirements
Your counter-notification must include:
Required Information:
- Your Contact Information
- Name, address, and phone number
- Email address for communication
- Consent to local federal court jurisdiction
- Content Identification
- Specific URLs of removed content
- Description of the removed material
- Location where it was previously available
- Good Faith Statement
- Statement that you believe the removal was a mistake
- Confirmation that you consent to local court jurisdiction
- Statement that you will accept service of process
- Electronic Signature
- Your physical or electronic signature
- Date of the counter-notification
5.3 Submitting a Counter-Notification
Send your counter-notification to:
- Email: copyright@twilly.com
- Subject Line: "DMCA Counter-Notification"
- Format: PDF or text format preferred
6. Counter-Notification Processing
6.1 Review Process
Upon receiving a counter-notification:
- We will review the counter-notification for completeness
- We will forward it to the original complainant
- We will wait 10-14 business days for legal action
- We will restore content if no legal action is taken
6.2 Content Restoration
If no legal action is taken within 10-14 business days:
- We will restore the removed content
- We will notify both parties of the restoration
- We will maintain records of the process
6.3 Legal Action
If the copyright owner files legal action:
- We will maintain the content removal
- We will comply with court orders
- We will provide necessary documentation
7. Repeat Infringement Policy
7.1 Three-Strike System
Twilly operates a three-strike system for copyright violations:
- First Strike: Warning and content removal
- Second Strike: Temporary account suspension (7-30 days)
- Third Strike: Permanent account termination
7.2 Strike Assessment
Strikes are assessed based on:
- Valid DMCA notices
- Pattern of infringement
- Severity of violations
- Response to previous warnings
7.3 Appeal Process
You may appeal strikes by:
- Submitting evidence of authorization
- Providing fair use justification
- Demonstrating mistake or error
- Requesting review by our legal team
8. Fair Use and Exceptions
8.1 Fair Use Considerations
We consider fair use factors when evaluating claims:
- Purpose and character of use
- Nature of the copyrighted work
- Amount and substantiality used
- Effect on potential market value
8.2 Common Fair Use Scenarios
- Educational content and commentary
- News reporting and criticism
- Parody and satire
- Research and scholarship
8.3 License and Permission
Content may be used if:
- You have written permission from the copyright owner
- The content is licensed under appropriate terms
- The copyright has expired (public domain)
- The use is authorized by law
9. False Claims and Abuse
9.1 False DMCA Notices
Submitting false DMCA notices may result in:
- Legal liability for damages
- Account suspension or termination
- Reporting to relevant authorities
- Legal action by affected parties
9.2 Penalties for False Claims
- Civil Penalties: Up to $10,000 per false claim
- Criminal Penalties: Potential criminal charges
- Platform Penalties: Account restrictions or bans
9.3 Reporting False Claims
If you receive a false DMCA notice:
- Submit a counter-notification
- Provide evidence of authorization
- Report abuse to our legal team
- Consider legal action if necessary
10. International Copyright
10.1 Global Compliance
We comply with copyright laws in all jurisdictions where we operate, including:
- United States (DMCA)
- European Union (Directive 2001/29/EC)
- Other international copyright treaties
10.2 International Notices
For international copyright claims:
- Follow local copyright procedures
- Provide appropriate legal documentation
- Comply with local notice requirements
- Respect international copyright treaties
11. Creator Rights and Protection
11.1 Protecting Your Content
To protect your copyrighted content:
- Register your copyrights when possible
- Use watermarks or branding
- Monitor for unauthorized use
- Report infringement promptly
11.2 Content Licensing
Consider licensing options for your content:
- Creative Commons licenses
- Commercial licensing
- Exclusive or non-exclusive agreements
- Revenue-sharing arrangements
11.3 Legal Resources
We provide resources to help creators:
- Copyright education materials
- Legal referral services
- Dispute resolution assistance
- Protection tools and features
12. Contact Information
For copyright-related questions or concerns:
Twilly Copyright Team
- Email: copyright@twilly.com
- Legal Department: legal@twilly.com
- Creator Support: creators@twilly.com
Mailing Address for Legal Notices:
[Twilly Legal Address]
Attn: Copyright Agent
13. Additional Resources
- Copyright Office: www.copyright.gov
- Creative Commons: creativecommons.org
- Legal Resources: Consult with an intellectual property attorney
- Educational Materials: Available through our creator portal
This Copyright Policy is designed to protect the rights of copyright owners while ensuring fair treatment for all users. We encourage respectful use of intellectual property and provide clear procedures for addressing disputes.