Content that infringes on the intellectual property rights of other individuals, including copyright, may be removed for violating our Terms of Service.
Pursuant to the Digital Millennium Copyright Act (DMCA), MBX maintains a notice and takedown process for alleged copyright infringement. In accordance with this U.S. federal law, MBX allows users to report content if they believe that it violates their copyright. To request that a collection or item be taken down because you believe that it violates your copyright, please submit a ticket here.
How does MBX process copyright takedown requests?
MBX follows the DMCA process for copyright claims. You can read all about it here.
The general process goes like this:
- Notice — Rightsholder sends notice to online service provider regarding infringing material that appears on the online service provider’s system.
- Remove Access to Material — Online service provider must act expeditiously to remove or disable access to the infringing material.
- Notify User — Online service provider must then promptly notify the user that originally uploaded the material that it has been removed.
- Counter-notice — User may submit a counter-notice requesting the reinstatement of the material, if the user believes the removal was due to a mistake or misidentification.
- Restore Access or Initiate Court Action — Online service provider must restore access to the material after no less than 10 and no more than 14 business days, unless the original notice sender informs the service provider that it has filed a court action against the user.
FabriikX does not make subjective determinations as to the legal merit of copyright claims.
As permitted under the DMCA, the affected user may submit a counter-notice in which they affirm their good faith belief that the content was delisted as a result of a mistake or misidentification. For more information on counter-notices, please click here and go to page 34 (it says page 27 on the bottom).
What happens if the affected user files a counter-notice?
If the affected user files a counter-notice, we will forward a copy to the complainant. After receiving a counter-notice, the complainant may choose to file a legal action seeking a court order to prevent the affected user from engaging in infringing activity. If they do not file a court action and forward us proof of their filing within 10 business days of receiving the counter-notice, pursuant to the DMCA, the content will be relisted on MBX.
In other words, if we receive a counter-notice, the original complainant will need to file a court action if they wish to prevent the allegedly infringing content from being reinstated on MBX. Additionally, under the DMCA, any person who knowingly misrepresents material as infringing will be liable for damages incurred by the alleged infringer due to their content being delisted. We strongly encourage users to keep these facts in mind when determining whether to submit a takedown request.
How can I file a copyright takedown request?
To request that a collection or item be taken down because you believe that it violates your copyright, please complete this form. Note that we may forward your complaint/takedown request to the subject of the request (with any PII redacted) and encourage parties to resolve disputes directly.
Note that only copyright owners and their legal representatives are eligible to submit a valid takedown request. MBX does not respond to takedown requests submitted by third-party individuals. Before submitting a takedown request, please ensure that you are eligible and can provide all the necessary information to submit an accurate and complete request.
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