Digital Millennium Copyright Act (DMCA) Policy

Last Updated: January 20, 2025

1. Overview

ThoughtTap respects the intellectual property rights of others and expects our users to do the same. This Digital Millennium Copyright Act (DMCA) Policy explains how we respond to claims of copyright infringement on our platform in accordance with the DMCA and other applicable laws.

2. Our Commitment to Copyright Protection

ThoughtTap is committed to protecting the intellectual property rights of content creators and copyright holders. We will respond promptly to valid DMCA takedown notices and take appropriate action against users who repeatedly infringe copyrights.

3. DMCA Takedown Procedure

3.1 Filing a DMCA Takedown Notice

If you believe that your copyrighted work has been copied or used on our platform in a way that constitutes copyright infringement, you may submit a DMCA takedown notice. Your notice must include:

Required Elements:

• Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed, including title, author, copyright registration number (if applicable), and publication details.
• Identification of infringing material: A description of where the allegedly infringing material is located on our platform, including specific URLs or other identifying information.
• Contact information: Your name, address, telephone number, and email address.
• Good faith statement: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• Accuracy statement: A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
• Signature: Your physical or electronic signature.

3.2 How to Submit a DMCA Notice

Please send your DMCA takedown notice to our designated DMCA agent:

4. Our Response to DMCA Notices

4.1 Processing Timeline

• Acknowledgment: We will acknowledge receipt of your notice within 2 business days
• Review: We will review the notice for completeness and validity within 5 business days
• Action: If valid, we will remove or disable access to the allegedly infringing content promptly
• User Notification: We will notify the user who posted the content of the takedown

4.2 Incomplete Notices

If your DMCA notice is incomplete or unclear, we will contact you to request additional information. We cannot process incomplete notices.

5. Counter-Notice Procedure

5.1 Filing a Counter-Notice

If you believe your content was removed due to a mistake or misidentification, you may file a counter-notice. Your counter-notice must include:

Required Elements:

• Identification of removed content: Description of the content that was removed and where it appeared before removal.
• Contact information: Your name, address, telephone number, and email address.
• Good faith statement: A statement under penalty of perjury that you have a good faith belief that the content was removed due to mistake or misidentification.
• Consent to jurisdiction: A statement consenting to the jurisdiction of federal court in your judicial district (or where ThoughtTap is located if outside the US).
• Service of process: A statement that you will accept service of process from the person who provided the original DMCA notice.
• Signature: Your physical or electronic signature.

5.2 Counter-Notice Response

Upon receiving a valid counter-notice, we will:

• Forward the counter-notice to the original complainant
• Restore the content within 10-14 business days unless the complainant files a court action
• Notify you when the content has been restored

6. Repeat Infringer Policy

6.1 Account Termination

ThoughtTap has a policy of terminating accounts of users who are repeat copyright infringers. We will terminate accounts when:

• A user receives multiple valid DMCA takedown notices
• A user repeatedly uploads infringing content after receiving warnings
• A user fails to respond appropriately to copyright infringement claims

6.2 Appeal Process

Users whose accounts have been terminated for copyright infringement may appeal the decision by contacting us with evidence that the termination was in error.

7. Safe Harbor Compliance

ThoughtTap qualifies for safe harbor protection under the DMCA by:

• Designating an agent to receive DMCA notices
• Having a policy for terminating repeat infringers
• Not having actual knowledge of infringing activity
• Responding expeditiously to remove infringing content when notified
• Not receiving financial benefit directly attributable to infringing activity

8. Limitations and Disclaimers

8.1 No Investigation Duty

ThoughtTap is not obligated to monitor user content or actively seek out copyright infringement. We respond to valid DMCA notices but do not review all user-generated content.

8.2 Fair Use and Other Defenses

We recognize that copyright law includes exceptions such as fair use, criticism, comment, news reporting, teaching, scholarship, and research. We consider these factors when evaluating DMCA notices.

8.3 False Claims

Submitting false or bad faith DMCA notices may result in legal liability. Copyright law provides for damages against those who knowingly misrepresent that content is infringing.

9. Copyright Guidelines for Users

9.1 Respecting Copyright

When using ThoughtTap, please ensure that:

• You own the copyright to any content you upload or share
• You have permission to use any copyrighted material
• Your use of copyrighted material falls under fair use or another legal exception
• You properly attribute content when required

9.2 AI-Generated Content

When using ThoughtTap's AI optimization features:

• Ensure your input prompts don't contain copyrighted material without permission
• Be aware that AI-generated optimizations may not create new copyright protection
• Respect the terms of service of any AI providers you use through our platform

10. Educational Use

ThoughtTap is used by many educators and students. When using our platform for educational purposes:

• Educational use may qualify for fair use protection, but is not automatically exempt
• Consider the amount and substantiality of copyrighted material used
• Ensure proper attribution and follow institutional guidelines
• Contact copyright holders for permission when in doubt

11. International Copyright

ThoughtTap respects copyright laws internationally. While we follow US DMCA procedures, we also consider copyright claims under international treaties and foreign copyright laws.

12. Contact Information

For copyright-related inquiries:

13. Changes to This Policy

We may update this DMCA Policy from time to time to reflect changes in law or our procedures. We will post any material changes on this page and update the "Last Updated" date.