Copyright Policy
Effective date: [DATE]
What If Studio, LLC ("we") respects copyright, including the rights of architects and designers in their plans. This policy explains how to report files on Design and Decide (the "Service") that you believe infringe your copyright, and how a customer can respond.
The Digital Millennium Copyright Act gives a "safe harbor" to services that host files at a user's direction. That safe harbor covers our hosting of uploaded files. It may not cover the models, renders and other Outputs we make from them. We follow this process for all of it anyway.
1. Our designated agent
Send copyright notices to:
[AGENT NAME] What If Studio, LLC [MAILING ADDRESS] [PHONE] [copyright@DOMAIN] US Copyright Office DMCA agent registration no. [DMCA REGISTRATION NUMBER]
This address is only for copyright notices. Other messages sent here may not get a reply.
2. How to send a notice
Your notice must be in writing and include:
- your physical or electronic signature, or that of a person authorized to act for the copyright owner;
- a description of the copyrighted work you say is infringed, such as the project name, the architect or firm, and the drawing set;
- enough information for us to find the material, such as the link, project name or property address;
- your name, address, phone number and email;
- a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
Because customer projects are private, you may not be able to see the material. Tell us what you know (for example, the property address and your firm's name) and we will look.
If you knowingly misstate that material is infringing, you may be liable for damages.
3. What we do with a notice
When we receive a notice that substantially meets these requirements, we will promptly:
- disable access to the material, stop any build in progress and turn off links to the affected tour and reports;
- put the material on legal hold, as described below;
- tell the customer who uploaded it, and send them a copy of the notice; and
- keep a record of the notice.
During early access we do these steps by hand.
Legal hold. Material on legal hold is disabled and excluded from all processing, but it is not deleted while any dispute about it is pending, and in any case for 1 year after we receive the notice. After the hold ends, we delete it, unless it has been restored under section 4.
4. Counter-notice
If you are the customer and believe the material was removed by mistake or misidentification, you may send a counter-notice to our designated agent. It must include:
- your physical or electronic signature;
- a description of the material removed and where it appeared before removal;
- a statement, under penalty of perjury, that you believe in good faith the material was removed or disabled by mistake or misidentification;
- your name, address and phone number; and
- a statement that you consent to the jurisdiction of the federal district court for your address (or, if outside the United States, any judicial district where we may be found), and that you will accept service of process from the person who sent the original notice or their agent.
When we receive a valid counter-notice, we will send a copy to the person who sent the notice. We will restore the material in 10 to 14 business days after we receive the counter-notice, unless the notice sender tells us first that they have filed a court action to stop the infringement. Restored material is restored for the customer only. It is never published or shown to anyone else.
If you knowingly misstate that material was removed by mistake, you may be liable for damages.
5. Repeat infringers
We end the accounts of customers who are repeat infringers. We will close the accounts of a person who receives [two] valid notices that are not resolved by a counter-notice or withdrawal, or one notice for a knowing violation. We apply this rule per person, across every account that person uses. We keep records needed to apply it.
6. Retention and notices
We keep copyright notices, counter-notices and our responses for [3] years. Material on legal hold is kept and then deleted as section 3 says. Everything else follows the Retention Schedule.
7. Not legal advice
This policy explains our process. It is not legal advice about whether a particular use infringes.