DMCA Policy
Introduction
CreatorGuard respects the intellectual property rights of others and expects our users to do the same. This DMCA Policy outlines our procedures for handling copyright infringement claims under the Digital Millennium Copyright Act (17 U.S.C. § 512) and describes how CreatorGuard helps content creators protect their own copyrighted works.
1. Our Commitment to Copyright Protection
CreatorGuard is built on the principle that content creators deserve protection for their work. We provide tools to help you:
- Detect unauthorized copies of your content across the web
- Document evidence of infringement
- Generate professional DMCA takedown notices
- Track the status of your takedown requests
- Recover potential revenue through backdated licensing
2. Reporting Copyright Infringement to CreatorGuard
If you believe that content hosted on or through CreatorGuard infringes your copyright, please submit a DMCA takedown notice to our designated agent.
2.1 Requirements for Valid DMCA Notice
Your notice must include:
- Physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works)
- Identification of the infringing material and information reasonably sufficient to locate it (URLs, screenshots, etc.)
- Your contact information including name, address, telephone number, and email address
- Good faith statement that use of the material is not authorized by the copyright owner, its agent, or the law
- Accuracy statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
2.2 Designated Agent
Send DMCA notices to our designated agent:
CreatorGuard DMCA Agent
Email: mark.creatorguard@gmail.com
Subject Line: DMCA Takedown Notice – [Brief Description]
2.3 Response Timeline
- Acknowledgment: Within 24 hours of receipt
- Review: Within 3-5 business days
- Action: Prompt removal or disabling of infringing content if notice is valid
3. Counter-Notification Procedure
If you believe your content was removed in error or that you have authorization to use the material, you may submit a counter-notification.
3.1 Requirements for Counter-Notification
Your counter-notice must include:
- Physical or electronic signature
- Identification of the removed material and the location where it appeared before removal
- Statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
- Your contact information including name, address, telephone number, and email address
- Consent to jurisdiction of the federal court in your judicial district (or if outside the US, any judicial district where CreatorGuard may be found)
- Statement that you will accept service of process from the complainant
3.2 Submitting Counter-Notices
Send counter-notifications to:
Email: mark.creatorguard@gmail.com
Subject Line: DMCA Counter-Notification – [Brief Description]
3.3 Counter-Notification Process
- We will forward your counter-notice to the original complainant
- The complainant has 10-14 business days to file a court action
- If no court action is filed, we may restore the removed content
- We will notify you of the outcome
4. Using CreatorGuard for Your DMCA Takedowns
CreatorGuard provides powerful tools to help you protect your own copyrighted content.
4.1 DMCA Notice Generation
Our platform helps you create professional DMCA takedown notices that include:
- Proper legal language and formatting
- All required statutory elements
- Clear identification of infringing content
- Your contact and authorization information
- Tracking capabilities for follow-up
4.2 Supported Platforms
CreatorGuard can help you send DMCA notices to:
- Web hosting providers
- Search engines (Google, Bing, etc.)
- Social media platforms
- Content sharing sites
- Domain registrars
- Advertising networks
4.3 DMCA Notice Pricing
| Plan | DMCA Notice Allocation |
|---|---|
| Creator | $10 per notice (pay-per-use) |
| Growth | 3 notices included per month |
| Pro Brand | 20 notices included per month |
| Enterprise | Unlimited notices |
4.4 What We Provide
- Pre-formatted notice templates
- Recipient lookup and contact information
- Status tracking dashboard
- Response monitoring
- Documentation for legal records
- Success rate analytics
4.5 What We Don’t Provide
- Legal advice or representation
- Guarantee of takedown success
- Representation in court proceedings
- Negotiation with infringers (except through Backdated Licensing)
5. Backdated Licensing Program
As an alternative to traditional DMCA takedowns, CreatorGuard offers a Backdated Licensing option.
5.1 How It Works
- We identify infringing use of your content
- Instead of immediate takedown, we offer the infringer a licensing option
- The infringer can pay for retroactive licensing rights
- You receive 70% of any licensing fees collected
- CreatorGuard retains 30% as a service fee
5.2 Benefits
- Potential revenue recovery from infringement
- Professional negotiation on your behalf
- Higher compensation than takedown alone
- Maintains professional relationships where appropriate
5.3 Your Control
- You choose whether to offer licensing or pursue takedown
- You set acceptable licensing terms
- You can switch strategies at any time
- Full transparency on all negotiations
6. Repeat Infringer Policy
CreatorGuard maintains a policy for terminating users who are repeat infringers.
6.1 Definition
A “repeat infringer” is a user who:
- Has been the subject of two or more valid DMCA notices
- Has had content removed twice for copyright infringement
- Has been determined to repeatedly violate copyright laws
6.2 Consequences
Repeat infringers may face:
- Account suspension
- Permanent account termination
- Forfeiture of subscription fees
- Reporting to appropriate authorities
6.3 Appeals
Users may appeal repeat infringer status by demonstrating that previous notices were invalid or that circumstances have changed.
7. Misrepresentation Warnings
7.1 False DMCA Claims
Submitting false DMCA notices is illegal and may result in:
- Liability for damages, including costs and attorneys’ fees
- Criminal penalties under applicable law
- Immediate termination of your CreatorGuard account
- Reporting to law enforcement
7.2 Perjury Statement
DMCA notices and counter-notices are submitted under penalty of perjury. Knowingly making false statements may constitute perjury.
7.3 Fair Use Consideration
Before submitting a DMCA notice, consider whether the use may be protected by fair use or other copyright exceptions. Good faith consideration of fair use is expected.
8. Information We Retain
For legal compliance and service improvement, we retain:
| Information | Retention Period |
|---|---|
| DMCA notices sent | Permanently |
| Counter-notifications | Permanently |
| Takedown success/failure | Permanently |
| Communication records | 7 years |
| User activity logs | 90 days |
9. International Considerations
9.1 Non-US Users
While DMCA is US law, similar protections exist in other jurisdictions:
- EU: Copyright Directive, E-Commerce Directive
- UK: Copyright, Designs and Patents Act
- Canada: Copyright Act notice-and-notice system
- Australia: Copyright Act safe harbor provisions
CreatorGuard can help generate notices compliant with various international frameworks.
9.2 Cross-Border Enforcement
We assist with:
- Identifying appropriate jurisdiction
- Locating correct reporting channels
- Formatting notices for international platforms
- Tracking international takedown requests
10. Best Practices for Content Creators
10.1 Before Filing a DMCA Notice
- Verify ownership: Ensure you own or control the copyright
- Document infringement: Gather screenshots, URLs, and dates
- Consider fair use: Evaluate if the use might be protected
- Try direct contact: Sometimes a friendly request works first
- Use CreatorGuard tools: Let us help document and track
10.2 Strengthening Your Claims
- Register copyrights with the US Copyright Office
- Maintain creation records and drafts
- Use watermarks and digital fingerprinting
- Document publication dates
- Keep records of licensing agreements
10.3 After Filing
- Track responses through our dashboard
- Follow up on non-responsive cases
- Consider escalation options
- Document outcomes for future reference
11. Disclaimer
11.1 Not Legal Advice
This DMCA Policy and CreatorGuard’s services are informational tools, NOT legal advice. For complex copyright matters, consult a qualified attorney.
11.2 No Guarantees
CreatorGuard does not guarantee:
- Success of any DMCA takedown request
- Response from third-party platforms
- Removal of infringing content
- Recovery of damages or licensing fees
- Any specific legal outcome
11.3 User Responsibility
You are solely responsible for:
- The accuracy of your DMCA claims
- Ensuring you have the right to file notices
- Understanding the legal implications of your actions
- Consequences of false or improper claims
12. Changes to This Policy
We may update this DMCA Policy periodically. Changes will be posted on this page with an updated “Last Updated” date. Significant changes will be communicated via email.
13. Contact Information
For DMCA-related inquiries:
Support: mark.creatorguard@gmail.com
14. Additional Resources
CreatorGuard is committed to helping content creators protect their work while respecting the rights of all parties involved in copyright matters.