DRAFT — REQUIRES LAWYER REVIEW BEFORE LAUNCH
Working draft. Not legally binding. The designated agent must be formally registered with the U.S. Copyright Office before this policy takes effect.
Mnem — DMCA Policy
Last updated: (set on lawyer review) Effective date: (set on publication and agent registration)
Mnem respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512, the "DMCA").
1. Designated Agent
(Filled in upon registration with the U.S. Copyright Office during Phase 3.)
Name: [TO BE REGISTERED]
Mailing: [TO BE REGISTERED]
Email: dmca@mnem.live
Telephone: [TO BE REGISTERED]
The designated agent is registered with the U.S. Copyright Office at https://dmca.copyright.gov/.
2. How to file a takedown notice
If you believe content available through the Service infringes your copyright, send a written notice to dmca@mnem.live (or the mailing address above) that includes all of the following, as required by 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the copyright owner or person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate the material on the Service (e.g., the URL of the page where the recording is displayed).
- Contact information for you: your name, address, telephone number, and email address.
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Notices that omit any of these elements are not effective under the DMCA and may be rejected.
3. Response timeline
Mnem will act on a properly formatted DMCA notice within 24–48 hours of receipt. "Act on" means we will either:
- Disable access to the identified content (and notify the affected user of the takedown and their right to file a counter-notice); or
- If we believe the notice is materially deficient, respond requesting clarification.
4. Counter-notice procedure
If you are a Mnem user whose content has been disabled and you believe the takedown was the result of mistake or misidentification, you may file a counter-notice. Send a written counter-notice to dmca@mnem.live that includes all of the following, as required by 17 U.S.C. § 512(g)(3):
- Your physical or electronic signature.
- Identification of the material that was disabled and the location at which it appeared before disablement.
- A statement, under penalty of perjury, that you have a good-faith belief that the material was disabled as a result of mistake or misidentification.
- Your name, address, and telephone number.
- 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 you are outside the United States, of any judicial district in which Mnem may be found) and that you will accept service of process from the person who provided the original notice or an agent of that person.
Upon receipt of a valid counter-notice, Mnem will forward it to the original complaining party. If the original complainant does not file a court action within 10–14 business days, Mnem may, at its discretion, restore the disabled content.
5. Repeat infringer policy
Mnem terminates the accounts of repeat infringers in appropriate circumstances. Specifically:
- Three (3) valid DMCA strikes within any 90-day rolling window result in permanent account termination.
- Strikes expire from the rolling count 90 days after issuance.
- A strike that is reversed by a successful counter-notice or admin overturn is not counted.
- A terminated user's content is deleted as part of the standard account-deletion process. No refunds are issued upon termination for repeat infringement.
- Users terminated for repeat infringement are added to the banned-email list and may not create new accounts.
6. Misrepresentation
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing (or that material was removed by mistake) is liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, and by Mnem, as a result of relying on the misrepresentation.
7. Forwarding of notices and counter-notices
Mnem will forward valid takedown notices to the user whose content is affected, and valid counter-notices to the original complainant, with personal contact information redacted where reasonably possible.
8. Contact
DMCA notices and counter-notices only: dmca@mnem.live
General support questions should not be sent to this address. Use support@mnem.live instead.