DMCA CLEAN
Course

Notice policy

Updated

We file takedown notices about leaked content in our own name as our clients’ authorized agent. This page explains what we check before filing, what each notice contains and whom to contact if you believe one of our notices is wrong.

What notices we file

Notices are filed by DMCA CLEAN in its own name as the authorized agent of rights holders.

We send copyright infringement notices under the DMCA (17 U.S.C. §512) to websites, hosts and search engines, including Google. On Telegram, we file only about public channels, groups and bots. Where it fits better, we use the platforms’ own rules and their forms for removing intimate images, deepfakes and personal data.

What we need from the client before filing

  • Authorization. Written permission to act for the rights holder and file notices about specific material. An agency sends an authorization from each model.
  • Proof of rights. Links to the originals, confirmation that the account belongs to the client, and an answer to who filmed or photographed the content. If someone else did, we need a written document transferring the rights to the client. A studio sends documents showing its rights in the catalogue.
  • Links to copies. Exact addresses of pages or messages, not a whole site. We find them; the client confirms that each one is their material.
  • Age. Confirmation that everyone shown in the material was 18 or older.

Without an authorization and proof of rights, we don’t file.

What each notice contains

Every DMCA notice we file contains what the law requires:

  • the signature of a person authorized to act for the rights holder;
  • identification of the original work, or a link to it;
  • the exact addresses of the copies;
  • our contact details as agent;
  • a statement of good-faith belief that the use is not authorized by the rights holder, its agent or the law;
  • a statement that the information in the notice is accurate and, under penalty of perjury, that we are authorized to act for the rights holder.

Notices under other procedures contain what the platform or rule in question requires. Where possible, we name the rights holder by stage name or brand. A notice may be forwarded to the uploader and published in the Lumen database.

When we refuse to file

Before filing, we check each link and consider whether the use could be lawful. We don’t file a notice we believe is unfounded, for example when:

  • the use is permitted, such as quotation, criticism, review, news reporting or parody (fair use in the US);
  • the client licensed or sold the distribution rights, for example to a studio or a site;
  • the client posted the material at that address themselves;
  • it is someone else’s material, a review of the client, a court document or a competitor’s content;
  • the client’s rights are in doubt;
  • the material shows anyone under 18. We don’t take such cases and refer them to NCMEC.

If a notice turns out to be wrong after filing, we withdraw it and tell the platform.

Counter-notices

The uploader can send the platform a counter-notice. The platform forwards it to us, and we tell the client straight away. Under the DMCA, the platform may restore the material 10 to 14 business days later unless it learns in that time that the rights holder has filed a lawsuit. A lawsuit usually needs the rights holder’s legal name. We explain the options to the client before that point and file nothing in the client’s name without their written OK. We don’t litigate; the client can hire an independent lawyer for that.

Liability for false notices

Under §512(f) of the DMCA, anyone who knowingly and materially misrepresents that material is infringing is liable for the resulting damages, including legal costs and fees. This applies to agents too, and the same rule covers counter-notices. That is why we ask clients to confirm their rights in every case, keep authorizations and copies of the notices we file, and stop working with anyone who misleads us.

If you received our notice and disagree

Message us on Telegram at @DMCA_CLEAN with:

  • the address of the material and the date of the notice;
  • why you believe the notice is wrong;
  • how to reach you.

We will review your message and reply. If the notice is wrong, we will withdraw it. This does not replace a counter-notice: to have material restored under the DMCA, send a counter-notice to the platform or host that removed it.

Free tools

  • If someone in an image is under 18, report it to NCMEC at takeitdown.ncmec.org.
  • If your intimate images were shared without consent, you can add them to StopNCII.org yourself. The file never leaves your device: partner platforms receive only its digital fingerprint (a hash). We can’t do this for you, because StopNCII’s rules don’t allow it.

Changes

We update this policy when the law or our practice changes. This version replaces all earlier ones.