DRAFT v0.1 — FOR ATTORNEY REVIEW ONLY. NOT LEGAL ADVICE. NOT YET EFFECTIVE.
Last updated: [EFFECTIVE DATE] · Version: 0.1-DRAFT
Drafting note to counsel: This draft assumes Cannvas wishes to qualify for the safe harbor available to online service providers under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. To perfect that safe harbor, Cannvas must (a) designate an agent with the U.S. Copyright Office through its electronic DMCA Designated Agent Directory (paper submissions are not accepted), (b) keep the designation current — registrations must be renewed at least every three (3) years to remain valid (the current fee is $6 per designation, amendment, or resubmission), (c) provide the same designated-agent contact information here and on the Service, and (d) reasonably implement the repeat-infringer termination policy in Section 8. Confirm the agent details below and complete the Copyright Office registration before this Policy is made effective.
1.1. Cannvas, LLC (d/b/a "Cannvas," "we," "us," or "our") respects the intellectual property rights of others and expects the users of its software, websites, applications, and related services (the "Service," which includes the "Dashboard" and the "Consumer Apps") to do the same.
1.2. It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA, 17 U.S.C. § 512, and, in appropriate circumstances, to remove or disable access to allegedly infringing material and to terminate the accounts of repeat infringers.
1.3. This Policy applies to Content submitted, posted, or made available through the Service by Organizations, Authorized Users, and Consumers (collectively, "users"). Capitalized terms used but not defined here have the meanings given in the Cannvas Terms of Service and are used consistently with the Cannvas Acceptable Use Policy and Federal Cannabis Status & Risk Notice.
2.1. If you are a copyright owner, or authorized to act on behalf of one, and you believe in good faith that Content on the Service infringes your copyright, you may submit a written notice of alleged infringement (a "Notice") to our Designated Agent identified in Section 3.
2.2. To be effective under 17 U.S.C. § 512(c)(3)(A), your Notice must be a written communication that includes substantially all of the following six (6) elements:
1. (a) Signature. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. (b) Identification of the work. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single Notice, a representative list of such works.
3. (c) Identification of the infringing material. 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 to which access is to be disabled, and information reasonably sufficient to permit us to locate the material (for example, the specific URL or location within the Service).
4. (d) Contact information. Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and, if available, an email address.
5. (e) Good-faith statement. A statement that you have 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.
6. (f) Accuracy and authority statement. A statement that the information in the Notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.3. PLEASE NOTE: UNDER 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE LIABLE FOR DAMAGES, INCLUDING COSTS AND ATTORNEYS' FEES. IF YOU ARE UNSURE WHETHER MATERIAL INFRINGES YOUR COPYRIGHT, OR WHETHER AN EXCEPTION SUCH AS FAIR USE APPLIES, YOU SHOULD CONSULT AN ATTORNEY BEFORE SUBMITTING A NOTICE.
2.4. An incomplete Notice may not be valid or actionable. We may forward a copy of any Notice, including your contact information, to the user who provided the material identified in the Notice, and to third parties such as publishers of transparency databases.
3.1. Notices of alleged copyright infringement should be sent to our Designated Agent:
3.2. Our Designated Agent is (or will be) registered with the U.S. Copyright Office in its DMCA Designated Agent Directory, as required for DMCA safe-harbor eligibility. The Designated Agent contact above is for copyright-infringement Notices and counter-notifications only. Inquiries unrelated to copyright infringement sent to this contact may not receive a response; general or abuse inquiries should be sent to [email protected] or [email protected].
4.1. Upon receipt of a Notice that substantially complies with Section 2, we will act expeditiously to remove or disable access to the material identified in the Notice, and, where appropriate, will take reasonable steps to notify the user who provided the material that we have removed or disabled access to it.
4.2. We reserve the right, at any time and in our sole discretion, to remove or disable access to Content, with or without notice, including Content we believe may be infringing.
5.1. If you are a user whose Content has been removed or disabled and you believe in good faith that the removal or disabling was the result of a mistake or misidentification, you may submit a written counter-notification (a "Counter-Notice") to our Designated Agent identified in Section 3.
5.2. To be effective under 17 U.S.C. § 512(g)(3), your Counter-Notice must be a written communication that includes substantially all of the following elements:
1. (a) Signature. A physical or electronic signature of the subscriber (you).
2. (b) Identification of the material. 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.
3. (c) Good-faith statement under penalty of perjury. 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.
4. (d) Consent to jurisdiction and service of process. 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 Cannvas may be found), and that you will accept service of process from the person who provided the original Notice or an agent of that person.
5.3. PLEASE NOTE: UNDER 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE LIABLE FOR DAMAGES, INCLUDING COSTS AND ATTORNEYS' FEES. IF YOU ARE UNSURE WHETHER THE MATERIAL WAS REMOVED IN ERROR, YOU SHOULD CONSULT AN ATTORNEY BEFORE SUBMITTING A COUNTER-NOTICE.
6.1. If we receive a valid Counter-Notice, we may forward it to the person who submitted the original Notice and inform that person that we may replace the removed material or cease disabling access to it.
6.2. Consistent with 17 U.S.C. § 512(g), unless the copyright owner or its authorized agent files an action seeking a court order to restrain the user from engaging in infringing activity relating to the material and so notifies our Designated Agent, we may restore the removed material or cease disabling access to it not less than ten (10) and not more than fourteen (14) business days following our receipt of the valid Counter-Notice.
7.1. This Policy addresses claims of copyright infringement under the DMCA. Complaints regarding trademark, right-of-publicity, defamation, or other non-copyright matters should be submitted to [email protected] and will be handled under the Cannvas Acceptable Use Policy and Terms of Service rather than under the DMCA procedures above.
8.1. In accordance with 17 U.S.C. § 512(i), Cannvas has adopted and will reasonably implement a policy providing for the termination, in appropriate circumstances, of the accounts of Organizations, Authorized Users, or Consumers who are repeat infringers of copyright or other intellectual property rights.
8.2. We may, in our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe intellectual property rights, whether or not there is any repeat infringement, in accordance with the Acceptable Use Policy and Terms of Service.
9.1. THIS POLICY IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, DOES NOT CONSTITUTE LEGAL ADVICE, AND IS NOT A SUBSTITUTE FOR ADVICE FROM QUALIFIED COUNSEL. THE DMCA IS COMPLEX. IF YOU ARE UNSURE OF YOUR RIGHTS OR OBLIGATIONS, YOU SHOULD CONSULT AN ATTORNEY.
10.1. We may modify this Policy from time to time; changes are effective when posted or as otherwise stated. This Policy is governed by the laws of the State of Michigan and applicable U.S. federal law, without regard to conflict-of-laws principles.
10.2. Copyright Notices and Counter-Notices must be sent to the Designated Agent at [email protected] or [DMCA AGENT ADDRESS]. Other inquiries: [email protected] or Cannvas, LLC, [NOTICE ADDRESS].