INTERNAL - DMCA Takedown Protocol
Internal Protocol: DMCA Takedown Processing
Confidential – For Internal Use Only
Policy Owner: Designated DMCA Agent
Effective Date: October 3, 2025
Purpose: To establish a consistent, legally compliant process for handling all claims of copyright infringement, ensuring One of a Kind Cloth maintains its DMCA Safe Harbor protection under 17 U.S.C. § 512.
The Golden Rule of Neutrality: When evaluating a notice, staff must remain objective. We do not determine if the artwork is "actually" infringing. We only determine if the notice itself is legally compliant. If the notice is compliant, we must act to preserve our Safe Harbor.
Phase 1: Intake and The 6-Point Validation
All communications sent to the Designated Agent email must follow this procedure. Upon receipt, the DMCA Agent must verify the following six statutory elements. If any item is missing, the notice is invalid.
- Physical or Electronic Signature: Does the email end with a typed name or an image of a signature from the owner or their authorized agent?
- Identification of Original Work: Does it clearly identify the copyrighted work being protected? (e.g., a link to a portfolio, or a USCO Registration number).
- Identification of Infringing Material: Does it include the exact URLs of the product pages on our site that they want removed?
- Contact Information: Does it provide a physical address, phone number, and email for the sender?
- "Good Faith" Statement: Does it contain a sentence stating they believe in "good faith" the use is not authorized by the owner, agent, or law?
- "Penalty of Perjury" Statement: Does it state that the information is accurate and, under penalty of perjury, they are authorized to act?
The "Sniff Test" (Authority Verification): Before tagging for removal, verify the sender’s credibility to filter out spam. Check the email domain (e.g., corporate addresses vs. suspicious Gmail accounts) or quickly search the agency name (e.g., Corsearch, MarkMonitor) to confirm they are a legitimate brand protection firm.
| Action | Timing Goal | Status |
|---|---|---|
| Log & Acknowledge: Log in DMCA Tracking Log. Send automated receipt to sender. | Within 4 hours | Logged |
| Validate Requirements: Run the 6-point audit. | Within 1 business day | Valid / Invalid |
| Invalid Notice Response: If defective, reply using Template A explaining what is missing. | Within 1 business day | Closed / Pending |
| Valid Notice Tagging: If valid, tag as "Action Required" and forward to Fulfillment. | Immediately | Action Required |
Phase 2: Takedown and User Notification
This procedure applies to all valid DMCA Takedown Notices.
| Action | Role | Timing Goal |
|---|---|---|
| Content Removal: Disable product page (set to Draft/Hidden). Do NOT delete the design file. Save a PDF of the complaint and page to legal folders. | Fulfillment Team | Expeditiously (Max 24 hrs) |
| Artist Notification: Send Template B to the uploading user, including a copy of the notice and counter-notice instructions. | DMCA Agent | Within 24 hours |
| Confirm to Claimant: Reply to sender: "The material located at [URL] has been removed in accordance with your DMCA request." | DMCA Agent | Within 24 hours |
Phase 3: Repeat Infringer Policy (The 2-Strike Rule)
Check the user's account history in the DMCA Tracking Log to enforce the strict 2-strike repeat infringer policy.
- First Valid Notice (Strike 1): Mark the account with "Strike 1."
- Second Valid Notice (Strike 2): Flag account as "TERMINATED". Fulfillment Team must immediately disable login access, prevent new uploads, and cancel pending orders. Send final termination email pursuant to ToS Section 5.2.
Phase 4: Handling Counter-Notices
If a user files a Counter-Notice, follow these steps strictly:
- Do Not Reinstate: The content remains removed initially.
- Verify Compliance: Ensure it contains a signature, the removed URL, a statement of "good faith belief of mistake," and their consent to court jurisdiction.
- Forwarding: Forward the complete Counter-Notice to the original claimant immediately.
- The 14-Day Wait: The content must remain down for 10 to 14 business days from the date the original claimant receives the counter-notice.
- Resolution: If the claimant provides proof of a filed lawsuit within 14 days, keep the product hidden. If they do not provide proof, you are legally required to restore the product to the live site.
Appendix A: Required DMCA Tracking Log Fields
The Log is the required record to demonstrate compliance with the Repeat Infringer Policy. All entries must include:
- Case ID: Unique Internal Tracking Number
- Date Received: Proves "Expeditious" action
- Notice Status: Valid / Invalid / Counter-Notice / Closed
- Infringer User ID: Links notice to account for Strike Counting
- Content URL: Locator for removal
- Copyright Owner: Name of Complainant
- Strike Count: 1, 2, or Terminated
Appendix B: Communication Templates
Template A: Defective Notice (To Sender)
"Thank you for contacting One of a Kind Cloth LLC. We take intellectual property rights seriously. However, we cannot process your request at this time as it does not meet the requirements for a compliant DMCA notice under 17 U.S.C. Section 512. Specifically, your notice is missing required elements. Once a compliant notice is received, we will act expeditiously."
Template B: Artist Removal Notice (To Artist)
"We are contacting you because we received a formal DMCA Takedown Notice regarding your design [Design Name]. Pursuant to our Terms of Service and federal law, we have disabled this product page. This counts as one (1) strike against your account. Two (2) strikes will result in permanent termination of your artist partnership. If you believe this notice was sent in error, you have the right to submit a formal Counter-Notice. Please review Section 7.3 of our Terms of Service for instructions."