This policy describes Kerning’s processes for receiving and responding to copyright infringement notices, sent by rightsholders or their agents, regarding material our users have posted to the Kerning platform. This policy is designed to comply with the requirements of the notice-and-takedown provisions of the United States’ Digital Millennium Copyright Act (“DMCA”), meaning that we generally remove or disable content that rightsholders claim to be infringing. Undefined terms used here have the meanings given to them in our Terms of Use.

Caution Advised

The notices described in this policy are serious legal actions with potentially serious consequences. Note in particular:

• Filing a false copyright notice can be unlawful. Aside from perjury penalties, sending false copyright notices can create legal claims under the DMCA.
• Dispute copyright notices with care. Copyright owners can prevent disabled content from being put back by initiating legal action.
• Information submitted in notices is not private. Your copyright notice will be sent to the other party. We reserve the right to publicly post and share redacted copyright notices for transparency reporting purposes.
• Copyright disputes are tracked for purposes of our Repeat Infringer Policy. Our policies and the DMCA both commit us to taking action against repeat infringers, and we will terminate the accounts of repeat infringers in certain cases. How you respond to copyright notices informs our repeat infringer evaluation.

Consider seeking professional advice before proceeding with any notice described in this policy.

Submitting Notices and Our Designated Agent

This policy provides links to our preferred forms for submitting copyright notices. Although we respond to all copyright notices submitted under this policy expeditiously, submitting your notice through our forms will help ensure that your notice is compliant with legal requirements and receives the fastest possible response. If you prefer to submit a non-form notice to our designated agent, please contact us.

Sending a Copyright Notice

If you believe that something on Kerning infringes a copyright that belongs to you, you can send us a copyright notice by contacting us. On receipt of a notice compliant with the requirements of the DMCA, our practice is to expeditiously remove or disable the material identified as infringing. Note that copyright notices can be disputed under the terms of this policy, and that the dispute process may result in replacement of removed or disabled content.

When sending a non-form notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

• A description of the work or works you claim have been infringed
• A description of the content on our website you claim to be infringing and the associated URL(s)
• Your contact information
• Your statement confirming a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• Your statement confirming that the information you’ve provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed