Copyright claims

The DMCA process we implement considers the high likelihood of abuse by both the claim and counter-claim parties. We take advantage of automation where appropriate to expedite the process, ensuring total transparency and avoiding legitimate content being offline longer than necessary or illegitimate content being online longer than necessary. This process should only be used when you are the copyright holder or are acting on their behalf, and you are confident the described content infringes on the copyright holder's rights. Ensure you've considered any legal basis for the use of the content (such as fair use principles), or where the characteristics of the content are extremely subjective (such as individual elements or styling choices of artwork).

If you are not acting as an agent of the copyright holder, but are aware of copyright infringing material, you may wish to contact the copyright holder and inform them of its existence so that they may act on their own behalf. You may also wish to report copyright infringement as a third party via a support ticket, but be aware that we will only act where the infringement is clear and obvious to us.

You can file a DMCA copyright claim by heading to: https://builtbybit.com/dmca
You must have registered an account on BuiltByBit and confirmed your email address.

Dashboard page & notifications​

You can track copyright claims & counter-claims you create or are involved with via the creator dashboard. All copyright claims & counter-claims can be viewed by guests using their direct link, but they will not be able to see any personal information. When a claim is issued against one of your resources, you will receive a notification via onsite alerts and an email. You will also receive additional notifications via these methods when there's an update to a claim/counter-claim you're involved in, such as the claim being verified/rejected, a counter-claim being issued, etc.

Remediation​

This is how the alleged infringer should rectify the existence of the copyrighted content to be compliant. Allowing the copyright holder to specify remediation means the involved users can rectify the situation in a way that makes both parties happy using the least amount of force necessary. The remediation options being limited to a pre-defined set ensures that inappropriate demands outside the scope of the DMCA cannot be used to extort or exploit creators.

The six remediation options available are:

• Attribution
• Include a license
• Obtain a license
• Include more substantial original content
• Include less of the copyrighted material
• Delete the infringing material entirely

Location​

This allows us to narrow down exactly what about the resource is violating and automatically remove every piece of infringing content at the very same moment that a member of our team has reviewed and verified the copyright claim, without additional and unnecessary effort from the team to manually search for and re-locate that content. Often copyright claims will be made maliciously or only for a very small portion of the product. Taking resource pages down for 14 days can significantly harm the product’s search rankings on Google so this level of specificity also allows us to keep the page public but restrict access to anything that’s allegedly infringing.

The four location options available and how we handle the partial remediation status are:

• Within product download: future purchases, downloads and updates are prevented
• Within addon download: the addon is removed
• Text within description: the provided text gets temporarily replaced with a placeholder
• Image/media within description/carousel: the attachment is temporarily replaced with a placeholder

Claim process​

1. A copyright claim is issued and either;
- a) it gets verified by our team or automatically after 24 hours
- b) it gets rejected, and changes are needed before you can reissue it
2. The subjects (infringing content) of the claim go into a partial remediation status
3. The resource owners of the subjects can choose to:
- a ) issue a copyright counter-claim for any of the subjects they own
- b) concede the claim meaning they acknowledge that it is valid for the selected subjects
4. The copyright claim elapses after 30 days, meaning that full remediation is processed for any subjects which are still in a partial remediation status and no more counter-claims can be issued.

Counter-claim process​

You may issue multiple copyright counter-claims in response to the same copyright claim. Counter-claims are an important legal document and you should not feel pressured into submitting a counter-claim on all content that you will potentially ever want to issue a counter-claim on in one go. This also allows you to issue counter-claims for content that you're specifically confident you have rights to so that we can quickly restore that content for you, even if you're still investigating or consulting legal advice on the remainder of the content.

Note that to comply with the DMCA framework, we must expeditiously provide a copy of the counter-claim to the creator of the original claim, including all personal information you provided.

1. A copyright counter-claim is issued for selected subjects and either;
- a) it gets verified by our team or automatically after 24 hours
- b) it gets rejected, and changes are needed before you can reissue it
2. The creator of the copyright claim can choose to notify us that they've filed a valid legal complaint in a court of competent jurisdiction
- our management team will be notified to determine the validity of the filing notification. If valid, subjects to which the complaint is related will have full remediation processed.
3. The copyright counter-claim elapses after 14 days, meaning that remediation is reversed for any subjects which are still in a partial remediation status.

Examples​

Conceding​

You can concede a copyright claim which means acknowledging that it is valid for the selected subjects and that you would not have the legal right to issue a counter-claim. For subjects with requested remediation lesser than deletion, you also have the option to affirm that you will comply with the requested remediation, allowing the content to remain publicly visible. You cannot issue a counter-claim for subjects which you've conceded.

Claim statuses​

Pending verification: This claim has been issued but is pending verification by our team. A copy of this claim has been expeditiously sent to the relevant parties to ensure full transparency. Action will not be taken until the claim has been verified as compliant with DMCA regulations.
Verified: We have verified that this claim is compliant with DMCA regulations.
Auto verified: A member of our team was not able to verify this claim within an expeditious timeframe. This claim has been automatically verified instead.
Rejected: This claim failed to satisfy the statutory requirements of the DMCA. Changes to the claim should be made as requested.
Elapsed: A statutory period of time has elapsed since the issuing of this claim. Action may have been taken depending on the surrounding context of the claim.
Withdrawn: The claim has been voluntarily withdrawn by its creator.

Remediation statuses​

Pending verification: The parent copyright claim is pending verification. No action will be taken until it has been verified.
Partial remediation: The parent copyright claim has been verified. However, to mitigate the impact of false or partial claims, we have only applied partial remediation. This means the infringing content will be blocked from being accessed, but has not been permanently removed.
Full remediation: The requested remediation has been fully applied as we did not receive a verified counter-claim within 30 days or the affected party conceded the claim without acceptance for this content.
Remediation reversed: The requested remediation has been reversed as we have received a counter-claim for this infringing content, the claim was voluntarily withdrawn, or the affected party conceded the claim with acceptance for this content.