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Intellectual Property

Copyright Policy

Last updated

On this page
  1. Before you report
  2. Filing a copyright notice
  3. What happens after a notice
  4. If your content was removed: counter-notices
  5. Repeat infringers
  6. False notices and counter-notices
  7. Our designated agent
  8. Outside the United States

Wavely respects the work of writers, filmmakers, musicians, photographers, and every other creator whose work people discuss here, and expects everyone on Wavely to do the same. We respond to notices of alleged copyright infringement under the US Digital Millennium Copyright Act (the “DMCA”) and similar laws.

This policy explains how to report content you believe infringes your copyright, how to respond if your content was reported, and what happens to accounts that infringe repeatedly.

Before you read on

Before you report

In short

Make sure you own the work, or are authorized to act for the owner, and consider whether the use might be fair use, such as a short quote in a review.

Only the owner of a copyright, or someone authorized to act on their behalf, can submit a notice. If you are not sure whether you own the rights, or whether content infringes them, consider talking to a lawyer first.

Wavely is built for reviewing and discussing things, and the law allows some uses of copyrighted material without permission, such as quoting a short passage or showing a still from a film in order to review or criticize it. In the US this is called fair use. Before submitting a notice, consider whether the use might be fair use.

If the issue is someone using your name, brand, or logo rather than your creative work, see the Trademark Policy. If someone is pretending to be you, report impersonation in the app.

Filing a copyright notice

Your notice must be in writing and include all of the following:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe has been infringed, or, if several works are covered by one notice, a representative list of them.
  3. Identification of the material on Wavely you believe is infringing, with enough detail for us to find it, such as the link to each post.
  4. Your name, postal address, telephone number, and email address.
  5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.

Send notices to our designated agent, listed under Our designated agent. A notice that leaves out required information may delay our response, or we may be unable to act on it.

What happens after a notice

  • We review the notice and, if it is complete and valid, remove or disable access to the content.
  • We tell the person who posted it, and send them a copy of the notice, which includes your name and the contact details you provided, so they can contact you or respond.
  • We record a copyright strike on their account, which they can see, as described under Repeat infringers.
  • We may include the notice, with personal contact details removed, in our transparency reporting.

If your content was removed: counter-notices

In short

If you believe your content was removed by mistake, or that you had the right to post it, you can file a counter-notice, and it may be restored.

A counter-notice must be in writing and include all of the following:

  1. Your physical or electronic signature.
  2. Identification of the content that was removed, and where it appeared on Wavely before it was removed.
  3. A statement, under penalty of perjury, that you have a good faith belief the content was removed as a result of a mistake or misidentification.
  4. Your name, address, and telephone number.
  5. A statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is, or, if your address is outside the United States, any judicial district in which Wavely may be found, and that you will accept service of process from the person who filed the notice, or their agent.

We send a copy of a valid counter-notice, including your contact details, to the person who filed the original notice. Unless they tell us within 10 business days that they have filed a court action to stop the infringement, we restore the content, and remove the strike, within 10 to 14 business days of receiving your counter-notice.

The person who filed the notice can also retract it at any time by contacting our designated agent, in which case we restore the content and remove the strike.

Repeat infringers

Each notice we act on adds a strike to the account that posted the content. The account holder can see their strikes and why each was given. A strike is removed if the notice is retracted, or the content is restored after a counter-notice.

In appropriate circumstances, we terminate the accounts of people who repeatedly infringe the copyrights of others, and may prevent them from creating new accounts. You can appeal a strike or a termination, as described in Reporting and Appeals.

False notices and counter-notices

Our designated agent

Send copyright notices and counter-notices to Wavely’s designated agent:

An online form in the app for reporting copyright infringement is coming. Until it is available, email is the fastest way to reach us. This address is only for copyright matters; other messages sent to it will not receive a response.

Outside the United States

If you are outside the United States, you may still use the process above. We will also consider notices made under the law of your country, and handle them as that law requires.

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