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DMCA, Safe Harbors & Notice-and-Takedown

Notice-and-Takedown is the process by which copyright holders notify a platform of alleged infringement

What is the DMCA?

The Digital Millennium Copyright Act (DMCA) is a U.S. law that provides a “safe harbor” for online service providers like eGeez. This means platforms are not automatically liable for user-uploaded or supplier-submitted content, so long as they:

  • Respond promptly to infringement notices,

  • Maintain a takedown process, and

  • Enforce a repeat infringer policy.

This protects both rights holders and platforms by ensuring there is a clear process to report, review, and resolve claims.


International Framework

  • United States: DMCA safe harbor, notice-and-takedown system.

  • Canada: Similar protections under “notice-and-notice,” with fair dealing exceptions.

  • UK and EU: Platforms must act quickly to remove infringing material and may have proactive obligations under recent directives and digital service laws.


Crowdsourcing & User-Generated Content

eGeez relies on licensees and, in some cases, fan contributions for data, listings, and product information. Crowdsourcing does not override intellectual property law:

  • Uploaders are responsible for ensuring they have the rights to submit material.

  • Licensees warrant that they own or control the rights to the products they list.

  • eGeez provides a transparent takedown process to address disputes.

This balance allows fans and licensees to contribute to the community while keeping eGeez legally compliant.


Education & Transparency

We encourage verified licensees to:

  • Only upload content they own or are licensed to share.

  • Clearly label product images and trademarks.

  • Familiarize themselves with fair use, fair dealing, and licensing rules.

Our goal is to make eGeez a safe, transparent marketplace for all rights holders and fans.


Repeat Infringer Policy

eGeez is committed to protecting the rights of intellectual property owners while also ensuring a fair and transparent platform for licensees, suppliers, and fans. To maintain this balance, we enforce a strict Repeat Infringer Policy.

  • Definition of Repeat Infringer
    A “repeat infringer” is any user, supplier, or account holder who has been found to upload, submit, or distribute infringing content multiple times, whether involving the same rights holder or different rights holders.

  • Why This Policy Exists
    Under laws such as the U.S. DMCA, platforms like eGeez are required to adopt and reasonably implement a repeat infringer policy to maintain legal safe harbor protections. This ensures that:

    1. Rights holders are protected – Licensors and IP owners know their content will not be systematically abused on eGeez.

    2. The community is protected – Fans and consumers can trust that items displayed are authentic, licensed, and not counterfeit.

    3. The platform is protected – By enforcing this policy, eGeez reduces legal risk and ensures long-term sustainability for licensors, suppliers, and users.

  • How It Works

    1. First Violation – Content is removed and the user or supplier is notified.

    2. Second Violation – A warning is issued, and the account may be temporarily suspended pending review.

    3. Third Violation – The account may be permanently terminated, and the user or supplier may be barred from future participation.

    eGeez may escalate more quickly in cases of willful infringement, bad faith behavior, or counterfeit activity.

  • Transparency
    Every takedown action is documented. Where appropriate, suppliers and licensors are informed of repeated offenses to ensure accountability.

  • Appeals
    Users or suppliers who believe their content was wrongly flagged may file a counter-notice. If successful, their content may be reinstated and the strike removed.

  • Balance Between Rights & Innovation
    While we protect IP rights aggressively, we also recognize the importance of crowdsourcing, creativity, and fan participation. Our policy is designed to stop bad actors and counterfeiters, not to silence legitimate licensees, authorized partners, or fans acting in good faith.


eGeez DMCA & Takedown Policy

Notice of Infringement

If you believe content on eGeez infringes your intellectual property rights especially for licensors, please submit a written notice to our designated Copyright Agent at: [[email protected]] or SUBMIT form below. Your notice must include:

  1. Identification of the copyrighted work or trademark you claim has been infringed.

  2. Identification of the material you claim is infringing, including the exact URL or listing link.

  3. Your contact information (name, address, phone, and email).

  4. A statement that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law.

  5. A statement, under penalty of perjury, that the above information is accurate and that you are the intellectual property owner or authorized to act on behalf of the owner.

  6. Your physical or electronic signature.

Upon receiving a valid notice, eGeez will review and may remove or disable access to the material in question in accordance with applicable law.

FILE

Counter-Notice

If your content was removed in error, you may file a counter-notice including:

  • Identification of the material removed and where it appeared before removal.

  • Your contact details.

  • A statement, under penalty of perjury, that you believe the material was removed or disabled by mistake or misidentification.

  • Your signature.

If a valid counter-notice is received, eGeez may restore the content unless the original claimant seeks a court order.

FILE

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