DMCA Policy
AstralKnots DMCA Policy
1. Policy General Provisions
This Policy is formulated in accordance with the U.S. Digital Millennium Copyright Act (DMCA), EU Directive 2001/29/EC (Copyright Directive), and Digital Markets Act (DMA). It applies to the copyright protection of all digital content (including braiding course videos, pattern design drawings, product images, etc.) on the AstralKnots cross-border independent website, defining rules for infringement complaints, counter-notifications, and liability determination to safeguard the legitimate rights of copyright holders and platform users.
2. Scope of Application
2.1 Applicable Entities
- Copyright Holders: Natural persons, legal persons, or other organizations that legally own copyrights to digital content on the platform;
- Platform Users: All entities using AstralKnots website services (including browsing, purchasing, and uploading content);
- Covered Content: All copyright-protected digital materials on the platform, including but not limited to:
- Virtual Courses: Braiding tutorial videos, live replay recordings, and electronic handouts;
- Design Works: Original braiding patterns and product appearance design drawings;
- Promotional Content: Product photographs, brand copy, and video promotions.
2.2 Excluded Scenarios
- Authorized fair use (e.g., learning use by course students within authorized scope);
- “Fair use” as stipulated in the Berne Convention (including limited quotations in comments, teaching, and news reports);
- Copyright-expired content in the public domain (content whose copyright protection period has expired without extension).
3. Core Obligations
3.1 Platform Obligations
- Technical Protection: Implement access control technologies (e.g., course playback authorization, watermarking for drawings) for core digital content, complying with the requirements for Technological Protection Measures (TPMs) under DMCA Section 1201;
- Timely Response: Initiate verification within 1-3 business days upon receiving a compliant infringement notice, and take measures such as content removal or access restriction if necessary;
- Record Retention: Keep copyright complaint and handling records for at least 1 year for regulatory inspection;
- Information Disclosure: Publicize DMCA-related contact information and complaint procedures in compliance with U.S. Copyright Office filing requirements.
3.2 User Obligations
- Shall not reproduce, distribute, or modify copyrighted digital content on the platform without authorization;
- Shall ensure legal copyright ownership or sufficient authorization when uploading content, and shall not infringe on third-party intellectual property rights;
- Shall cooperate with infringement complaint verification and truthfully provide authorization documents for content use.
4. Infringement Complaint Procedure
4.1 Requirements for Complaint Materials
Copyright holders shall submit a written notice (including electronic form) containing the following mandatory elements (all required):
- Proof of Identity: Scanned copy of ID/passport for natural persons; business license and authorization letter for legal persons;
- Infringing Content Information: Specific location of infringing content on the platform (e.g., course link, image URL, product page screenshot);
- Proof of Copyright Ownership: Copyright registration certificate, creation draft, first publication proof, or legal authorization document;
- Good Faith Statement: Written statement that “the complainant has a good faith belief that the use is not authorized by the copyright owner, its agent, or the law”;
- Liability Undertaking: Statement that “the information in the notice is accurate and the complainant is authorized to act on behalf of the copyright owner”, assuming liability for perjury;
- Contact Information: Valid email address and phone number (for receiving handling results and counter-notifications);
- Signature: Physical signature or legally compliant electronic signature.
4.2 Submission Methods
- Email: info@astralknots.art (Subject: “DMCA Infringement Complaint – [Complainant Name/Organization]”);
- Processing Timeframe: The platform will feedback acceptance results within 3 business days upon receiving complete materials, extendable to 5 business days for complex cases.
4.3 Platform Processing Measures
- Preliminary Verification: Confirm the completeness of complaint materials and preliminary facts of infringement;
- Interim Measures: Take interim measures of “removal + notification to the respondent” for alleged infringing content and retain relevant data;
- Result Notification: Notify both complainant and respondent of the handling result (removal/rejection) with reasons explained;
- Continuous Monitoring: Impose account restrictions or bans on users with repeated infringements in accordance with service terms.
5. Counter-Notification Procedure
5.1 Conditions for Counter-Notification
Respondents who believe the content is non-infringing or authorized may submit a counter-notification within 10 business days of receiving the removal notice, including:
- Respondent’s identity proof and account information;
- Specific information of the removed content and proof of legality (e.g., authorization agreement, usage license);
- Good Faith Statement: “Has a good faith belief that the content was removed due to misjudgment or error”;
- Jurisdiction Consent: Consent to jurisdiction of courts in the platform’s location (Los Angeles, California, USA) or the complainant’s location;
- Contact information and signature.
5.2 Processing Rules
- The platform will notify the complainant within 3 business days of receiving a compliant counter-notification;
- If the complainant fails to file a lawsuit or provide a court injunction within 10 business days, the platform will restore the removed content;
- Respondents making false statements in counter-notifications shall bear all losses (including attorney fees and compensation) caused thereby.
6. Liability Definition
6.1 Platform Liability Limitation
- Pursuant to the “safe harbor principle” under DMCA Section 512, the platform has no prior review obligation for infringing content uploaded by users and shall not be liable for compensation if it handles the content promptly upon receiving a compliant notice;
- For infringing content linked to third parties, the platform shall not bear joint liability if it promptly disables the link upon receiving notice.
6.2 User Liability
- Infringing users shall bear civil liabilities such as cessation of infringement, elimination of adverse effects, and compensation for losses;
- Malicious complainants or those making false counter-notifications shall compensate the aggrieved party for direct losses and reasonable litigation expenses (including attorney fees and court costs);
- Severe infringements (e.g., large-scale course piracy) may result in administrative liability, with users in the EU potentially facing fines of up to 10% of global annual turnover.
7. Compliance Basis & Contact Information
7.1 Core Legal Basis
- U.S. Digital Millennium Copyright Act (DMCA) Section 512 (Safe Harbor Rules), Section 1201 (Technological Protection Measures);
- EU Directive 2001/29/EC (Copyright Directive) Article 8 (Infringement Remedies);
- EU Digital Markets Act (DMA) Article 17 (Platform Copyright Protection Obligations).
7.2 Contact Channels
- DMCA-related Inquiry Email: info@astralknots.art (Response within 24 hours);
- Note: Only written complaints and counter-notifications are accepted; social media private messages will not be processed.