Trailpost takes intellectual property seriously, we encourage our users to share content, but to do so within the constraints of copyright law. While we will protect our user’s Fair Use rights, we will comply with proper legal requests to remove content that infringes on the rights of copyright holders.
What types of copyright complaints does Trailpost respond to?
We responds only to copyright notifications submitted in compliance with the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA describes the specific statutory requirements necessary to formally report an instance of copyright infringement, while also providing a framework for how an alleged infringer can appeal the claim by submitting a compliant counter-notice. This process balances the rights of copyright holders with an appropriate due process to the accused.
We will respond to reports of alleged infringement anywhere on our services including, but not limited to:
- User profile pictures
- Articles & blog posts
- Links to infringing content
For rights holders, It is important to note that not all uses of copyrighted material are infringing. Rights holders should ensure that they are familiar with the legal concept of Fair Use before submitting reports. We may keep records of rights holders that incorrectly report infringements.
What information does Trailpost need to process a copyright complaint?
For Trailpost to handle a complaint of alleged infringement, a rights holder will need to provide the following:
- A clear identification of the work allegedly being infringed either by providing a link to the original work or a detailed description of the work.
- A clear identification of where on our services the infringement is located by providing an exact URL or specific instructions on how to find it
- Direct contract information including an address, telephone number, and email address
- A statement indicating a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate and that, under the penalty of perjury, you are authorized to act on behalf of the copyright owner
- A physical or electronic signature (typing your full name) of the copyright owner or a person authorized to act on their behalf
How does a rights holder file a copyright complaint?
If you are a rights holder and are ready to file a DMCA-compliant copyright notice, you may do so by submitting the notice through our contact form in our help center.
Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorney's’ fees incurred by us or our users if you knowingly materially misrepresent that material or activity is infringing. If you are in any way unsure as to whether the material is infringing, we encourage you to consult an attorney with knowledge of this field of law before filing a notification with us.
How are copyright complaints processed?
Once a complaint is submitted into our system a ticket is created and we process them in the order they are received for fairness to all rights holders. Submitting duplicate notices is unnecessary and will likely cause processing delays as it ties up resources.
What happens once a copyright complaint is processed?
Once we review the the notice, if we decide to take action, access to the infringing material will be removed or disabled and the user involved in the alleged infringement will be notified. We will provide them with access to the reporter’s claim and instructions on how to file a counter-notice. Additionally, we will forward a copy of the complaint to the Lumen Database which catalogs copyright complaint notices publicly to track trends.
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