Takedown Requests on a Service That Is Hosting Nothing
Picazor is respecting intellectual property rights and is complying with the United States Digital Millennium Copyright Act, 17 U.S.C. § 512, and with the equivalent provisions of copyright law in the European Union, the United Kingdom and other jurisdictions. One fact is shaping everything below. The service is not hosting Facebook content. Files are flowing from Facebook's servers through our pipe to the person's device and are not being stored with us, so there is no hosted copy for us to delete. What we are able to do, and are doing on valid notice, is block a URL, a post, a page, or a pattern from being processed by the tool at all.
If You Are a Copyright Owner
If you are believing that content reachable through Picazor is infringing your copyright, send a written notice to the designated agent at the address below. Because we are not holding the file, the remedy is a block, not a removal. Once a Facebook URL or pattern is blocked, no user of the tool is able to fetch it, in any country, from any device, and the block is staying until a valid counter notice or a court is telling us otherwise. We are also blocking on request beyond the strict letter of the statute where a rights holder is showing a clear pattern of their material being pulled through the tool, because the point is to be useful to the people whose work it is.
What a Valid Notice Must Contain
All six elements, or the notice is being returned with a request for the missing ones.
- A physical or electronic signature of the copyright owner, or of a person authorised to act on the owner's behalf.
- Identification of the copyrighted work claimed to have been infringed. A link to the original, wherever it is living, a portfolio, a catalogue entry, or another reference that a reasonable person can follow.
- The specific Facebook URL, or URLs, that the service is fetching, or the pattern you are asking us to block, sufficient for us to locate the material. A screenshot on its own is not enough to locate it.
- Your contact information. Name, mailing address, telephone number and email.
- A statement that you are having a good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf.
Where to Send It, and How Fast We Are Moving
Email the complete notice to dmca@picazorlive.com.
Valid notices are being acknowledged within three business days and acted on within seven. Most blocks are going in the same day the notice is read. Incomplete notices are being returned with a list of what is missing, not ignored.
Counter Notice
If you are believing a URL or pattern was blocked in error, you may send a counter notice. It must contain:
- Your physical or electronic signature.
- Identification of the material that was blocked and the URL it was reachable at before the block.
- A statement under penalty of perjury that you are having a good faith belief the material was blocked by mistake or misidentification.
- Your name, address and telephone number.
- A statement that you are consenting to the jurisdiction of the federal district court for the address you provided, or, if outside the United States, to a court where Capital Technologies LTD may be found, and that you will accept service of process from the party who filed the original notice.
Counter notices go to the same address, dmca@picazorlive.com. On a valid counter notice the block is being lifted after the statutory waiting period unless the original party is telling us they have filed for a court order.
Blocking on Request, for Rights Holders, Agencies and Governments
A takedown is one kind of request and it is not the only kind we are honouring. If you are a rights holder, a platform, a regulator, a law enforcement body or a government office and you are wanting the tool closed to a set of users rather than to a set of posts, write to the same agent and say so plainly. We are able to block a region, an IP range, an autonomous system, or a URL pattern from using the service, and we are doing it on a written request from a body with standing, without a court order, where the request is specific and the reason is stated. What we are not able to do is hand over data about who used the tool, because that data is not being kept, and the privacy page is explaining why.
Repeat Infringers
Picazor is, in appropriate circumstances, terminating access for repeat infringers. Because the service is operating without user accounts, that is taking the form of blocking the IP ranges, request fingerprints or URL patterns associated with a confirmed pattern of repeat infringement, rather than closing an account that does not exist.
Designated Agent
The designated agent for notices to Picazor and to Capital Technologies LTD is reachable at dmca@picazorlive.com. Postal correspondence is reaching the company through its registered office on the public companies register under company number 11903724, and it is arriving a week later than an email would. Email is strongly preferred.
A false or misleading notice may be creating liability for damages under 17 U.S.C. § 512(f).