The short version. Freelancers must have the rights to everything they sell and deliver. If you think something on Perchway infringes your copyright or trademark, send us a notice with the details below and we'll act on it. If your Content was removed by mistake, you can send a counter-notice. People who infringe again and again lose their accounts.
This policy is part of our Terms of Service. Perchway respects intellectual property rights and expects everyone who uses Perchway to do the same. We respond to copyright notices under the US Digital Millennium Copyright Act ("DMCA").
1. Reporting copyright infringement
If you believe Content on Perchway infringes a copyright you own or are authorized to act for, send a written notice to our copyright agent (see section 4) that includes:
- your physical or electronic signature
- a description of the copyrighted work you believe has been infringed (or, if there are several, a representative list)
- a description of the infringing material and where it is on Perchway, specific enough for us to find it, such as the URL of a shop page or product
- your name, postal address, phone number and email address
- a statement that you have a good faith belief that the use isn't authorized by the copyright owner, its agent or the law
- a statement that the information in your notice is accurate and, under penalty of perjury, that you're the copyright owner or authorized to act on the owner's behalf
When we receive a complete notice, we'll remove or disable access to the material, tell the person who posted it, and send them a copy of the notice, including your contact details, so they can respond. Incomplete notices may not get a response.
Be accurate. Under 17 U.S.C. ยง 512(f), anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, can be liable for damages. Before sending a notice, consider whether the use might be fair use or licensed. If you're not sure, talk to a lawyer.
2. Counter-notices
If your Content was removed because of a copyright notice and you believe that was a mistake, or that you have the right to use it, you can send our copyright agent a counter-notice that includes:
- your physical or electronic signature
- a description of the material that was removed and where it appeared before it was removed
- a statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification
- your name, postal address and phone number, and a statement that you consent to the jurisdiction of the federal district court for the district where your address is (or, if your address is outside the US, any judicial district where Perchway may be found), and that you'll accept service of process from the person who sent the original notice, or their agent
When we receive a complete counter-notice, we'll send a copy to the person who sent the original notice. Unless they tell us within 10 business days that they've filed a court action to stop the infringement, we'll restore the material in 10 to 14 business days after receiving the counter-notice.
3. Repeat infringers
We close the accounts of users who repeatedly infringe copyrights, in appropriate circumstances. We may also restrict or close accounts after a single serious infringement.
4. Our copyright agent
Send copyright notices and counter-notices to:
- Email: [email protected], with the subject "Copyright notice" or "Copyright counter-notice"
- Mail: Perchway LLC, Attn: Copyright Agent, 2800 E. Enterprise Ave, STE 333, Appleton, WI 54913, USA
5. Trademarks
If you believe Content on Perchway uses your trademark in a way that's likely to confuse people about who makes or endorses something, email [email protected] with the subject "Trademark complaint", and include:
- your name and contact details, and your relationship to the trademark owner
- the trademark, and where it's registered (with registration numbers) or how it's used in commerce
- where the Content is on Perchway, such as the URL
- why you believe it's likely to cause confusion
- a statement that the information is accurate and that you're the owner or authorized to act for them
We'll review it and may remove the Content, ask the user to change it, or take other steps under our Acceptable Use Policy.
6. Perchway's own name and marks
"Perchway", the Perchway logo and the robin are Perchway's trademarks, and the illustrations on our sites are our copyrighted work. Don't use them in a way that suggests we endorse you or that you're part of Perchway. If you'd like to use them, for example to write about Perchway, email [email protected].