⚠️ TEMPLATE — NOT LEGAL ADVICE. Attorney review required. To rely on DMCA "safe harbor," the Company must (1) register a Designated Agent with the U.S. Copyright Office (online directory, $6, renew every 3 years) and (2) publish that agent's contact info here. See
legal/DMCA-AGENT-REGISTRATION.md. Complete the bracketed agent details below before launch.
FLINT ([COMPANY LEGAL NAME] d/b/a FLINT) respects the intellectual-property rights of others and expects its users to do the same. We comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). This Policy explains how copyright owners can report infringement, how users can respond, and our repeat-infringer policy.
1. CONTENT IS USER-UPLOADED
FLINT is a hosting and distribution platform. The music and other content on FLINT is uploaded by independent artists who represent that they own or control all rights to it (see the Artist Upload Agreement). FLINT does not pre-screen all content and is not the source of user uploads.
2. DESIGNATED COPYRIGHT AGENT
Notices of claimed copyright infringement should be sent to our Designated Agent:
DMCA Designated Agent [AGENT NAME OR "Copyright Agent"] [COMPANY LEGAL NAME] d/b/a FLINT [MAILING ADDRESS] Email: [copyright@COMPANY.com] [Phone, if desired]
(This agent is also registered with the U.S. Copyright Office DMCA Directory.)
3. HOW TO FILE A TAKEDOWN NOTICE (§ 512(c)(3))
If you believe content on FLINT infringes your copyright, send our Designated Agent a written notice that includes all of the following:
- Your physical or electronic signature (or that of a person authorized to act for the owner);
- Identification of the copyrighted work you claim is infringed (or a representative list);
- Identification of the infringing material and enough information for us to locate it (e.g., the FLINT URL/track link);
- Your contact information (name, address, phone, email);
- A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.
You may use our online form at [/report]. Note: Under § 512(f), knowingly making a material misrepresentation that content is infringing can subject you to liability for damages.
4. OUR RESPONSE
On receiving a valid notice, FLINT will, in appropriate cases and within a reasonable time: (a) remove or disable access to the identified material; (b) make a reasonable effort to notify the uploader; and (c) document the notice for our repeat-infringer records.
5. COUNTER-NOTIFICATION (§ 512(g))
If your content was removed and you believe it was removed by mistake or misidentification (for example, because you own it or have the rights), you may send our Designated Agent a counter-notification that includes:
- Your signature;
- Identification of the removed material and the location where it appeared before removal;
- A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification;
- Your name, address, and phone, and a statement that you consent to the jurisdiction of the federal court for your district (or, if outside the U.S., for any district where FLINT may be found), and that you will accept service of process from the person who filed the original notice (or their agent).
If we receive a valid counter-notification, we may restore the material in 10–14 business days unless the original complainant notifies us that they have filed a court action seeking to restrain the allegedly infringing activity.
6. REPEAT-INFRINGER POLICY (REQUIRED FOR SAFE HARBOR)
FLINT will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. We maintain records of takedown notices and may, in our discretion:
- issue strikes against accounts that are the subject of valid infringement notices;
- suspend or permanently terminate an account that accumulates repeated valid notices (our current standard: termination upon [three (3)] separate valid strikes, and immediate termination for egregious or willful infringement);
- remove all content and forfeit pending payouts associated with the infringing activity; and
- ban terminated users from creating new accounts.
A counter-notification that results in restoration, or a notice later withdrawn or found invalid, may remove the associated strike.
7. TRADEMARK, PUBLICITY & OTHER CLAIMS
For trademark complaints, or claims involving someone's name, image, voice, or likeness (including AI voice clones/deepfakes), contact [legal@COMPANY.com]. We may remove content that violates these rights and take account action under our Terms and Artist Upload Agreement.
8. FALSE CLAIMS
Both takedown notices and counter-notifications are made under penalty of perjury. Submitting false or bad-faith notices may result in liability and account action.
9. CHANGES
We may update this Policy. The "Last updated" date reflects the latest version. Our designation with the U.S. Copyright Office will be kept current and renewed at least every three years.