DMCA Takedown Policy
Effective
DRAFT — Not yet reviewed by counsel.
This policy is a starting draft for attorney review. It is NOT legal advice and does NOT bind RapidThumbnails until reviewed, edited, and approved by qualified counsel licensed in the operating jurisdiction. Do not rely on this document as currently written.
RapidThumbnails respects the intellectual property rights of others and expects users to do the same. This policy describes how copyright owners can submit a notice of alleged infringement and how we respond to those notices.
0. What RapidThumbnails Is, For DMCA Purposes
RapidThumbnails is a creator tool, not a publishing platform. We do not host public galleries, feeds, or shareable URLs of user-generated content. When you use the Service:
- You provide reference materials and prompts; we process them through third-party AI providers; the resulting outputs are delivered back to you.
- Generated outputs are stored privately in your account or in temporary working storage long enough for you to download them; they are not displayed to anyone other than you and our staff (and only to our staff for support, safety, or legal-compliance reasons).
- You decide whether, where, and how to publish the outputs. RapidThumbnails does not republish or distribute your outputs to the public.
Because we are not a hosting platform in the traditional sense, the practical effect of a DMCA notice we receive is that we will remove the identified material from our storage and from the requesting user's account. We do not control downstream copies that the user has already downloaded or published elsewhere — those need to be addressed with the platform that hosts them.
We honor the DMCA process because it is the established framework for IP claims and we cooperate with rights holders in good faith — not because we concede the legal characterization of our service.
1. Designated Copyright Agent
Notifications of claimed infringement must be sent to our designated agent registered with the United States Copyright Office:
- Name: [To be appointed] — DMCA Designated Agent
- Organization: RapidThumbnails, [LLC name pending]
- Address: [Operating address pending]
- Email: dmca@rapidthumbnails.com
- Phone: [Telephone pending]
The agent is registered with the U.S. Copyright Office at dmca.copyright.gov. Registration must be renewed every three years.
2. Filing a Takedown Notice (Section 512(c)(3))
To submit a notice of claimed copyright infringement, send the following information to the designated agent above. A notice that does not include all six elements may not be a valid notice under the DMCA, and we may not be able to act on it.
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed (or, if multiple works at a single online site are covered by a single notification, a representative list of such works).
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including the specific URL on RapidThumbnails where the material appears.
- Information reasonably sufficient to permit us to contact the complaining party — name, address, telephone number, and email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. How We Respond
Within five business days of receiving a complying notice, we will:
- Locate the identified material in our private storage and remove it from our systems.
- Remove the corresponding entries from the user's generation history.
- Notify the affected user of the notice (including a copy with personally-identifying details of the complainant redacted, where appropriate) and inform them of their right to file a counter-notice.
- Suspend further processing of substantially-identical generations from the same user pending resolution.
- Record the notice in our internal compliance log for purposes of the repeat-infringer policy (Section 6).
Because we do not publish or distribute user content, removal from our systems will not affect any copies already downloaded by the user or posted to third-party platforms. If you need content removed from a third-party platform, contact that platform directly with the same notice.
Removal under this policy is not an admission of infringement. We act in good faith and do not adjudicate underlying copyright disputes.
4. Counter-Notification (Section 512(g))
If you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to the designated agent containing:
- Your physical or electronic signature.
- Identification of the material removed and the location at which it appeared before removal.
- 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.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you reside (or, if outside the United States, for any judicial district in which RapidThumbnails may be found), and that you will accept service of process from the complainant or their agent.
Upon receipt of a complying counter-notification, we will forward it to the original complainant and inform them that we will restore the material in 10 to 14 business days unless they file a court action seeking a restraining order against the user.
5. Misrepresentations (Section 512(f))
False statements in a takedown notice or counter-notification are punishable under 17 U.S.C. § 512(f). A party who knowingly materially misrepresents that material is infringing — or that material was removed by mistake — may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us as a service provider.
6. Repeat-Infringer Policy
RapidThumbnails will, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers. A repeat infringer is a user against whom multiple valid DMCA notices have been filed and resolved. We maintain an internal record of notices and takedowns associated with each account for this purpose.
Termination decisions take into account the number of notices, whether counter-notices were filed, the resolution of prior disputes, and the user's overall conduct on the service.
7. AI-Generated Content
RapidThumbnails generates images and clips from user prompts and reference materials using third-party AI providers. We do not pre-screen generated outputs for copyright issues, and we do not assert copyright in AI-generated content beyond any rights we may have in the underlying model outputs. Users are responsible for ensuring their prompts, reference images, and uses of generated content do not infringe third-party rights.
If you believe an AI-generated output reproduces a copyrighted work in a manner that is not fair use, you may submit a DMCA notice as described above. We will treat the specific output URL as the "infringing material" for purposes of Section 2.
8. International Notices
For copyrights subject to non-US law (including EU Member State copyright under the Copyright Directive and equivalent UK, Canadian, and Australian frameworks), please send notices to the same designated agent. We will evaluate notices under applicable law on a case-by-case basis.
9. Updates
We may update this policy from time to time. Material changes will be posted here with an updated effective date.