DMCA / Copyright Policy

MarkMyPages is an annotation tool, not a content library. Every document on the Service was uploaded by a user for their own reading, and our Terms of Service require every user to confirm they have the right to upload what they upload. Documents are private by default and cannot be shared publicly; the only sharing mechanism is a private team workspace.

We nevertheless respond to valid copyright notices. This page explains how to send one, how the affected user can respond, and what happens to users who repeat.

1. Designated agent

We have designated the following agent to receive notifications of claimed copyright infringement under 17 U.S.C. §512(c)(2):

• Agent: [DESIGNATED AGENT NAME]
• Company: [LEGAL ENTITY NAME]
• Address: [DESIGNATED AGENT ADDRESS]
• Email: [DESIGNATED AGENT EMAIL — e.g. [email protected]]
• Telephone: [DESIGNATED AGENT PHONE]

[BEFORE LAUNCH: register this agent with the U.S. Copyright Office DMCA Designated Agent Directory (dmca.copyright.gov) and keep the registration renewed every three years. Safe-harbour protection under §512 depends on it. Counsel should also confirm the equivalent notice-and-notice / notice-and-takedown obligations in [OPERATING JURISDICTION] — for example Canada's notice-and-notice regime or the EU DSA Article 16 mechanism.]

This address is for copyright notices only. General support questions sent here will not be answered; use [SUPPORT EMAIL] instead.

2. Sending a takedown notice

To be effective, your written notice must include substantially all of the following (17 U.S.C. §512(c)(3)(A)):

1. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
2. Identification of the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notice, a representative list of those works.
3. Identification of the material you claim is infringing and that you want removed or disabled, with enough information for us to locate it. Because documents on MarkMyPages are private and not publicly addressable, please give us the document URL or identifier you were given, the account email or workspace concerned, and the title and filename if you know them.
4. Your contact information: name, mailing address, telephone number and email address.
5. A statement that you have a good faith belief that the use complained of is not authorised 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 authorised to act on the owner’s behalf.

Send it to the designated agent above. An incomplete notice may not trigger our obligations and we may come back to you for the missing parts.

Misrepresentation. Under 17 U.S.C. §512(f), anyone who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and legal fees. Consider whether the use is fair use before sending a notice.

3. What we do when we receive a notice

1. We review the notice for completeness.
2. If it is complete and valid, we expeditiously remove or disable access to the identified material. Where the material is in a team workspace, that removes it for every member of the workspace.
3. We notify the user who uploaded it, tell them what was removed and why, send them a copy of the notice (including the complainant’s contact details), and tell them how to file a counter-notice.
4. We record the notice against the uploader’s account for the purposes of the repeat-infringer policy below.

4. Counter-notice

If your material was removed and you believe it was removed by mistake or misidentification — for example because you own the work, are licensed to use it, or your use is fair use — you may send a counter-notice to the designated agent. Under 17 U.S.C. §512(g)(3) it must include:

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location where it appeared before removal.
3. A statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who sent the original notice or their agent.

We will forward your counter-notice, including your name and contact details, to the complainant. If they do not tell us within 10–14 business days that they have filed a court action seeking to restrain you from the activity, we may restore the material.

Filing a false counter-notice has consequences. Under §512(f) a knowing material misrepresentation that material was removed by mistake can make you liable for damages, and a counter-notice exposes your identity and address to the complainant. Seek legal advice if you are unsure.

5. Repeat infringers

We terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Our working policy is:

• Each valid, uncontested takedown notice is recorded as a strike against the account that uploaded the material.
• A strike is withdrawn if the notice is retracted, if a counter-notice results in the material being restored, or if a court decides in the user’s favour.
• First strike: the material is removed and the user is warned in writing.
• Second strike: the material is removed and the user receives a final warning, and we may suspend uploading.
• Third strike: we terminate the account, which deletes the user’s documents and annotations, and we may decline to let that person register again. [CONFIRM THE STRIKE COUNT AND ANY LOOK-BACK WINDOW — e.g. strikes expiring after 12 months — with counsel.]
• We may terminate an account immediately, without going through the strikes, in egregious cases — for example a workspace created to distribute pirated material.
• Where the account is a team workspace owner, termination removes the workspace and its documents for all members.

6. Other rights claims

For trade mark complaints, privacy complaints, or unlawful content that is not a copyright matter, contact [LEGAL / ABUSE EMAIL] with the same level of detail. We will review and act where we are legally required or where the content breaches our Terms of Service.

7. How we handle the information in a notice

Copyright notices and counter-notices are handled as described in our Privacy Policy. Note in particular that we pass the contents of a counter-notice, including the counter-notifier’s contact details, to the original complainant, because §512(g) requires it.