In this digital age, small businesses have access to a powerful electronic platform to communicate with prospects and customers. Keap constitutes one part of the giant megaphone small business owners can use to make their mark upon the world. That said, as one superhero’s father figure so aptly put it, “With great power comes great responsibility.”
This means online content must always be respectful of others’ rights, including intellectual property rights. Here on Keap’s site, we follow the copyright protection process provided by the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512, referred to here as the “DMCA”), and we ask that our customers, partners and other third parties do the same.
Before we get started, let us specifically note that DMCA takedown notices and counter notices are submitted under penalty of perjury under the terms of the DMCA. Thus, failing to be truthful in DMCA correspondence may result in personal liability. We recommend involving your legal counsel with this process, because while mi casa es su casa (for sure!), it’s not the same with legal advice – our lawyers are not your lawyers.
You Submit a Notice. In order for Keap (“us” or “we” or “our”) to take down any infringing material, we first have to be told about it. If “you” (or “your” or “yours”) are either a copyright owner, or their agent, you can initiate a takedown process by sending us a DMCA Takedown Notice (“Notice”). The purpose of the Notice is for you, the copyright holder, to make a claim that content (“Content”) you own, or own the rights to, appears on Keap’s site(s) without permission. Takedown Notices can be submitted through our online form (preferred), or sent by email to our Copyright Agent at [email protected], or even sent by snail mail (you know, a letter) to our headquarters address, ATTN: Legal Department – Copyright Agent.
We Vet the Notice.
Any Notice we receive will become effective only if it’s complete, i.e., includes all information the DMCA requires, and we will review each Notice we receive for this purpose. If your Notice doesn’t meet the DMCA requirements in some way, we’ll let you know we can’t accept the Notice as provided. Acceptable Notices must include:
If the Notice is complete, we then need to determine whether it is valid. To do this, we’ll review the copyrighted material to which your Notice relates. Sometimes we may find that the Notice is fraudulent, inaccurate or mistaken, or describes material as protected that can’t really be protected, like a clearly fair use of copyrighted material, or material that clearly wasn’t created by the person cited in the Notice. In these cases, again, we will let the submitter (you) know that we can’t accept the Notice as provided.
We Remove the Content. Once we’ve confirmed the Notice is complete and valid, we will remove the Content, possibly inserting a suitable note that the content was removed due to a DMCA Takedown Notice. When we remove Content due to a DMCA Takedown Notice, we tell the person who submitted the Notice (you) that Content claimed to be infringing has been removed, and of course we also notify the person or entity that owns the site from which the Content has been removed (“they” or “them” or “their”) – assuming we can identify them with a good-faith effort on our part.
They React Accordingly. When they receive the Notice and we tell them the Content has been removed, there are several possible ways they may react.
They may accept the removal, and then we all move on with our lives. Except that they now have a record of having posted infringing Content, and we will take that into account if they receive any further Takedown Notices, and eventually we may need to take action against them like suspending or cancelling the applicable Keap account.
Or, they may change and re-post their content in a way that doesn’t infringe; in this case, they need to let Keap know what they did and why they think there’s no longer any infringement. Re-posting the Content we removed is not allowed; we all need to honor this process, and re-posting the Content is grounds for suspension or termination of the applicable Keap account.
Finally, they may submit a “Counter Notice,” in which they tell us why they believe their use of the Content is proper and did not in fact infringe your rights. Counter Notices can be submitted through our online form (preferred), or sent by email to our Copyright Agent at [email protected], or sent by mail to our headquarters address, ATTN: Legal Department – Copyright Agent and must include:
We Vet the Counter. After reviewing their Counter Notice for completeness, we will reply to them and also notify you of the Counter Notice.
TEN BUSINESS DAYS PASSES... during which time, we hope that you and they will start seeing things eye-to-eye, on the basis of having exchanged the Notice and the Counter Notice.
Because, we love peace, sunshine and flowers. Don’t you?
During this time, they can’t re-post the Content.
Legal Action – OR – We Restore the Content. If you are not persuaded by their Counter Notice, you may take legal action against them if you wish. If you do so, and if you so notify Keap within 10 business days after we provide you the Counter Notice, we will not restore the Content per DMCA requirements. If you take longer than 10 business days to either take action or notify us, then we will restore the Content as required by the DMCA.