A clear process for copyright claims, counter-notices, fair use, and subscriber review

Invisible-Internet has adopted this copyright policy under the Digital Millennium Copyright Act, 17 U.S.C. § 512. A copyright notice is an allegation, not a judicial determination. We process materially complete notices, preserve the subscriber’s counter-notice rights, and seek to limit any action to the specifically identified material.

Copyright notices may be sent to Invisible-Internet’s Designated Agent at:

A notice should identify each claim precisely enough for us to locate and evaluate the material. It must include:

1. A physical or electronic signature of the copyright owner or a person authorized to act for the owner.
2. Identification of the copyrighted work claimed to have been infringed, or a representative list when one notice covers multiple works at a single online location.
3. Identification of the allegedly infringing material and information reasonably sufficient to locate it, including the exact URL or other precise location.
4. Contact information reasonably sufficient for us to reach the complaining party, such as an address, telephone number, and email address.
5. A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement that the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act for the owner of an exclusive right allegedly infringed.

Notices may be submitted to the Designated Agent above. PDF attachments may be accepted after a case has been opened. A notice about trademark, defamation, privacy, or another non-copyright issue must use the appropriate legal or abuse route rather than the DMCA process.

We review a notice for the statutory elements and a sufficiently specific material location. We may request correction of a deficient notice rather than guess at missing facts. We do not search an entire site for material that the claimant has not identified.

The required good-faith statement includes consideration of whether a use is authorized by law, including fair use under 17 U.S.C. § 107. Obvious fair-use facts, a license, permission, a claimant retraction, or other reliable information may be relevant to our review. When action is required, we seek to disable only the specifically identified material rather than an entire site or account when a narrower response is technically and legally sufficient.

After receiving a materially complete notice, it is Invisible-Internet’s policy:

1. to remove or disable access to the content identified in the notice when required for the applicable safe-harbor process;
2. to notify the content provider, member, or user promptly and provide the notice, the counter-notice procedure, and a route to human support;
3. to create a private case record without converting the allegation into an automatic account strike; and
4. to treat any repeat-infringer decision as a separate, individualized account-level review.

When Invisible-Internet receives a materially complete counter-notice, it will promptly forward a copy to the person who submitted the original notice. Invisible-Internet will replace the removed material or restore access at the earliest time permitted by 17 U.S.C. § 512(g), ordinarily beginning on the tenth business day after receipt of the counter-notice and no later than the fourteenth business day, unless the Designated Agent first receives notice that the claimant has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material.

If you believe material was removed or disabled because of mistake or misidentification, or because you are authorized by the copyright owner, the owner’s agent, or the law to use it, you may send the Designated Agent a counter-notice containing:

1. Your physical or electronic signature.
2. Identification of the material removed or disabled and the location where it appeared before removal or disablement.
3. A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled because of mistake or misidentification.
4. Your name, address, and telephone number; a statement consenting 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 Invisible-Internet, LLC may be found; and a statement that you will accept service of process from the person who submitted the original notice or that person’s agent.

Counter-notices contain personal information and will be handled through a controlled process. The statutory process requires us to provide a copy to the original claimant, but we do not treat that requirement as permission for broader publication.

Here is an example counter-notice:

To Whom It May Concern:

This letter is a formal response to a claim of copyright infringement against one or more of the links and/or comments that I’ve posted on [WEBSITE URL]. I believe the claims of copyright infringement are inaccurate and should be rejected because:

My use of the material is legally protected because it falls within the “fair use” provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, they must work directly with me, through legally viable channels, to resolve the dispute. Invisible-Internet and its employees are under no obligation to settle this dispute, or to take any action to restrict my speech at the behest of this complainant.

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

I ask that Invisible-Internet process this counter-notification and restore the material in accordance with 17 U.S.C. § 512(g).

The location of the material before it was removed or disabled could be found here:
[URL]

My name, address, and telephone number are:

[FULL LEGAL NAME]
[PHYSICAL ADDRESS]
[TELEPHONE NUMBER]

I hereby consent to the jurisdiction of any United States Federal District Court in which Invisible-Internet, LLC may be found.

I agree to accept service of process from the person who submitted the copyright notification, or an agent of that person.

Best regards,

[ELECTRONIC OR PHYSICAL SIGNATURE]

If the Designated Agent receives a materially complete counter-notice, Invisible-Internet will promptly provide a copy to the person who submitted the original notice and inform that person that the removed material will be replaced or access restored. Unless the Designated Agent receives notice that the claimant has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material, Invisible-Internet will restore the material at the earliest time permitted by 17 U.S.C. § 512(g), ordinarily beginning on the tenth business day after receipt of the counter-notice and no later than the fourteenth business day.

A claimant’s retraction or express written authorization to restore may support an earlier resolution under an approved procedure.

A notice of claimed copyright infringement is an allegation, not proof of infringement, and is never automatically an account “strike.” Invisible-Internet does not terminate a subscriber merely because one or more notices have been submitted. A temporary material-level response to a materially complete notice does not itself establish infringement or repeat infringement.

Invisible-Internet makes any account-level decision only after an individualized, documented review of more than one distinct incident. The review begins with the subscriber’s response and considers counter-notices, claimant retractions, licenses, permissions, fair-use explanations, whether notices are complete or duplicated, court filings and decisions, admissions, the reliability and disposition of the available evidence, and any other relevant facts. Deficient, duplicate, withdrawn, retracted, facially unreliable, or successfully countered accusations do not by themselves establish repeat infringement. When reasonably possible, the subscriber will have an opportunity to be heard before an account-level decision.

Invisible-Internet will terminate a subscriber as a repeat infringer only in appropriate circumstances, after written review concludes that reliable evidence supports repeated infringement and that termination is warranted. Any action will be no broader than reasonably necessary.

Invisible-Internet accommodates and does not interfere with standard technical measures as defined in 17 U.S.C. § 512(i)(2), where applicable.

We maintain a private record of materially complete notices, subscriber responses, counter-notices, retractions, material actions, restoration deadlines, court-action notices, and final dispositions so the policy can be reasonably implemented. Duplicate notices or notices concerning the same event are grouped rather than counted as automatic strikes.

Copyright notices and counter-notices cannot be promised complete confidentiality: information is forwarded where the statutory process requires it and may be disclosed when required by law. We otherwise seek to limit access and retention to what is reasonably necessary for case handling, legal compliance, and defense of rights.

Questions about the DMCA or how it applies to your rights should be directed to a qualified legal professional. This policy explains Invisible-Internet’s process; it is not a substitute for legal advice.

General questions may be submitted through Contact. Existing customers may use Support so the request can be handled in a private case record.