DMCA Policy

1. Our Approach

P3RSON, Inc. ("P3RSON", "we", "us") respects copyright. We respond to notices of claimed infringement under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), and we end the accounts of repeat infringers.

This policy explains how to report infringement, how a member can respond, and what we do in each case. Two companion pages give step-by-step forms:

• the DMCA Notice page: how to send a takedown notice
• the DMCA Counter-Notice page: how to answer a takedown

The Copyright Guide explains copyright on P3RSON in plain language.

2. Designated Agent

Send copyright notices and counter-notices to our designated agent:

DMCA designated agent and mailing address: Dino Fulgencio, P3RSON, Inc., 348 West 57th Street #257, New York, NY 10019, USA
Phone: 347-855-3124
Email: dmca@p3rson.com

Our designated agent information is posted on this page and kept current. We renew the agent designation every three years.

Use this address only for copyright notices and counter-notices. Other messages sent to the agent, such as support questions, may not get a reply. For those, use support@p3rson.com.

3. Who May File a Notice

You may file a takedown notice if you are:

• the owner of an exclusive right in a copyrighted work, or
• a person authorized to act for the owner, such as an agent, manager, licensee or lawyer.

You do not need a P3RSON account. If you are not the owner or authorized, do not file. Use the Community Guidelines report option instead if the content breaks another rule.

4. What a Valid Notice Contains

A notice must be in writing and include all of the following (17 U.S.C. Section 512(c)(3)):

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 you claim is infringed. If one notice covers several works on P3RSON, include a representative list.
3. Identification of the material you claim is infringing, with enough detail for us to find it. A link to the post, profile or message is best. If you cannot give a link, give the account name and where the material appears.
4. Your contact information: name, mailing address, telephone number and email address.
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act for the owner.

The DMCA Notice page has a form with every statement already written out.

If a notice is incomplete, we may ask you to fix it and we are not required to act on it until it is complete. If items 1 to 3 are present, we may still take reasonable steps to contact you for the rest.

5. What Happens After a Valid Notice

We may remove material before we have finished checking if it is plainly infringing. Removal under this policy is not a finding by a court.

6. Counter-Notice and Restoration

If a member believes the material was removed by mistake or misidentification, the member may send a counter-notice to the designated agent. The DMCA Counter-Notice page lists what it must contain, including a statement made under penalty of perjury, consent to the jurisdiction of a federal district court, and acceptance of service of process from the person who filed the takedown.

When we receive a complete counter-notice:

1. We send a copy to the person who filed the takedown, within a few business days.
2. We tell that person we will restore the material in 10 business days unless they notify us that they have filed a court action seeking an order to keep it down.
3. We restore the material no sooner than 10 and no later than 14 business days after we received the counter-notice, unless the claimant tells us it has filed such a court action.

If the claimant tells us it has filed a court action, we keep the material down until the court acts or the claimant withdraws the claim.

7. Repeat Infringer Policy

P3RSON has a written repeat-infringer policy and carries it out.

Rules that apply:

• A takedown counts when it is valid and the content was removed. It stops counting if the content is restored after a counter-notice, or the claimant withdraws the notice.
• A terminated member loses the account, and may not open a new one without our written permission.
• We may terminate sooner, without a strike count, for flagrant or commercial-scale infringement.
• This policy matches the Terms of Service, Section 5.4. Content and moderation penalties under the Community Guidelines are separate and add to, not replace, these steps.

We also keep records of notices and counter-notices so we can apply this policy consistently.

8. False Claims

Section 512(f) of the DMCA says that any person who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, is liable for damages, including costs and attorneys' fees, to the person harmed.

Before you send a notice, consider whether the use could be fair use or otherwise authorized. If you send a notice you know is false, we may also suspend or terminate your P3RSON account.

9. Booked Work, Licensed Work and Disputes Between Members

Many P3RSON members work for each other under a booking contract. A takedown is the wrong tool when the real question is what a booking contract allows, such as how long a brand may use photos. Those disputes go through the Dispute Resolution process, and the booking record and the Creator Rights document explain who owns what.

If someone sends a takedown over work that a booking contract licenses to the other member, we may still process the notice. The member can answer with a counter-notice stating the license.

10. What We Do Not Do

• We do not decide whether a use is fair use or whether a claim is correct. Courts decide that.
• We do not act on notices sent for content that is not on P3RSON.
• We do not refuse to pass on a valid notice or counter-notice, or hide a claimant's name from the member whose content was removed.
• We do not share your notice outside P3RSON beyond what the DMCA and the law require. We may send a copy to the person whose content was removed, to the other party in a counter-notice, or to a public database of takedown requests where one exists.
• We do not charge a fee to file a notice or counter-notice.
• We do not restore material early because a member asks us to; restoration follows the counter-notice timeline.

11. Other Kinds of Reports

Different problems need different routes:

12. Records and Privacy

We keep notices, counter-notices, and our actions for at least 5 years. We may share them with the other party to a notice, with our service providers who help us run the process, with law enforcement when the law requires, and with a court. See the Privacy Policy for how we handle personal information.

13. Changes

We may update this policy. The version shown at the top applies. If we change the designated agent details, we post the new details on this page before the change takes effect.

14. Contact

• Copyright notices and counter-notices: dmca@p3rson.com
• Legal questions: legal@p3rson.com
• Mailing address for legal process: Dino Fulgencio, P3RSON, Inc., 348 West 57th Street #257, New York, NY 10019, USA
• Company and principal place of business: P3RSON, Inc., 1 Barker Avenue, White Plains, NY 10601, USA