What types of copyright complaints does ProPhotoApps respond to?
We respond to valid claims of alleged copyright infringement such as the unauthorized
use of a copyrighted image or music used by our customers in their apps.
Am I a copyright holder? How do I know?
If you are unsure whether you hold rights to a particular work, please consult an
attorney or another third-party as ProPhotoApps cannot provide legal advice. There
are plenty of resources to learn more about copyright law including
http://copyright.gov,
http://chillingeffects.org/copyright/, and
http://www.eff.org/issues/bloggers/legal/liability/IP,
to name a few.
Tip: In general, the photographer and NOT the subject of a photograph
is the actual rights holder of the resulting photograph.
How do I file a copyright complaint?
Submitting a takedown notice is serious matter. Please think twice before submitting
a claim, especially if you are unsure whether you are the actual rights holder or
authorized to act on a rights holder’s behalf! There are legal and financial consequences
for fraudulent and/or bad faith submissions. Please be sure that you are the actual
rights holder, and that you understand the repercussions of submitting a malicious
claim.
You can report alleged copyright infringement by filling out the copyright form.
Please be aware that under 17 U.S.C. 512(f), you may be liable for any damages,
including costs and attorneys’ fees incurred by us or our users, if you knowingly
materially misrepresent that material or activity is infringing. If you are unsure
whether the material you are reporting is in fact infringing, you may wish to contact
an attorney before filing a notification with us.
What happens after I submit the form?
We process reports in the order in which they are received. ProPhotoApps’s response to notices of alleged copyright infringement may include
the removal or restriction of access to allegedly infringing material, and in some
cases result in user account suspension. If we remove or restrict access to user
content in response to a notice of alleged infringement, ProPhotoApps will make
a good faith effort to contact the affected account holder with information concerning
the removal or restriction of access, along with instructions for filing a counter
notification.
Furthermore, in an effort to be as transparent as possible with regards to user
content removal or restriction, ProPhotoApps has partnered with Chilling Effects.
A copy of each DMCA takedown and counter-notice may be transmitted to Chilling Effects,
and posted to a public-facing website (with your personal information removed).
Under appropriate circumstances, ProPhotoApps may suspend and warn repeat violators,
and in more serious cases, permanently terminate user accounts.
What happens if I receive a DMCA takedown notice?
Receiving a notice of content removal can be a bit alarming to many people, especially
those who had no idea that what they were posting was potentially infringing. Please
take the time to read through our notice to you, which includes instructions on
how to file a counter-claim should you believe that the content was removed in error.
Repeatedly posting allegedly infringing materials may result in account suspension
or termination.