Creators' work is the reason Gatekept exists. This policy explains how copyright owners can have infringing material removed, how users can respond, and what happens to repeat infringers.
1.Our policy
Gatekeptrespects intellectual property and expects its users to do the same. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”) and similar laws, remove or disable access to infringing material, and disable the accounts of repeat infringers.
2.Reporting infringement
If you own a copyright, or are authorized to act for the owner, and believe material on Gatekeptinfringes it, send a written notice to our designated agent (section 3) that includes:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim is infringed (or, for several works, a representative list).
- Identification of the infringing material and enough information to locate it, ideally the link to each product, post or profile.
- Your name, postal address, telephone number and email address.
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act on the owner's behalf.
Notices missing these elements may not be acted on. You can also use the report option on the content itself and choose “Content you don't own”, but a formal notice is required for us to process a DMCA takedown.
3.Designated agent
Copyright Agent, Gatekept. Send notices by email to on@gateke.pt, with “DMCA notice” in the subject.
4.What happens after a valid notice
- We remove or disable access to the material identified, usually within two business days.
- We notify the user who posted it, give them a copy of the notice (with the complainant's contact details, as the law contemplates), and record a decision on their account under the “Content you don't own” rule. It appears on their Account Status page.
- If the material was sold, we may refund buyers and reverse the seller's earnings for those sales.
5.Counter-notices
If your material was removed and you believe this was a mistake or misidentification, or that you have the right to use it, you may send a counter-notice to our designated agent that includes:
- Your physical or electronic signature.
- Identification of the material removed and where it appeared before removal.
- A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification.
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which Gatekept may be found), and that you will accept service of process from the person who sent the original notice.
We will send your counter-notice to the person who filed the original notice. Unless they tell us within 10 business days that they have started court action to restrain the alleged infringement, we may restore the material 10 to 14 business days after receiving your counter-notice, and reverse the related strike.
6.Repeat infringers
7.False notices
Under 17 U.S.C. § 512(f), anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages. Do not send a notice unless you are confident the use is not authorized; consider whether it could be fair use. Abusing this process is also a violation of our Community Guidelines.
8.Trademarks and other rights
To report trademark infringement, counterfeits, or use of your likeness, email on@gateke.pt with the details of your right, the content concerned, and your contact information. We review these reports under our Community Guidelines and Terms of Service.
