DMCA Notice & Takedown Procedure

Last updated: May 6, 2026

Designated DMCA Agent

Overview of DMCA (17 USC 512)

The Digital Millennium Copyright Act (DMCA) provides a procedure for copyright holders to request removal of infringing content from online platforms. BrainCandy complies with DMCA Section 512 by:

• Designating a Copyright Agent
• Receiving and processing takedown notices
• Removing infringing content promptly
• Providing counter-notice procedures
• Maintaining a repeat infringer policy

How to File a DMCA Takedown Notice

Required Elements (17 USC 512(c)(3))

A valid DMCA takedown notice must include ALL six of the following elements:

1. Your Physical or Electronic Signature

   You must sign the notice (physical signature or typed name is acceptable for electronic submission).

2. Identification of the Copyrighted Work(s)

   Describe the copyrighted work(s) being infringed (title, description, registration number if available). If multiple works, provide a comprehensive list.

3. Identification of Infringing Material

   Provide specific URLs or file paths to the infringing content on BrainCandy. Generic descriptions without specific locations are insufficient.

4. Your Contact Information

   Include your full name, mailing address, telephone number, and email address.

5. Statement of Good Faith Belief

   Include the following statement (or substantially similar):

   "I have a good faith belief that the use of the copyrighted material described above on [BrainCandy's] site is not authorized by the copyright owner, its agent, or the law. I swear under penalty of perjury that the information in this notification is accurate and that I am the copyright owner (or am authorized to act on behalf of the copyright owner) of an exclusive right that is allegedly infringed."

6. Statement Under Penalty of Perjury

   Include the statement: "I declare under penalty of perjury that the foregoing is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

How to Submit a Takedown Notice

Send your DMCA notice by email to dmca@braincandy.im with the subject line: [DMCA TAKEDOWN NOTICE]

Or mail to:

[DMCA_AGENT_NAME]
BrainCandy Copyright Agent
[BUSINESS_ADDRESS]

What Happens After We Receive Your Notice

1. We will verify the notice contains all six required elements
2. If valid, we will remove or disable access to the infringing material within 1 business day
3. We will notify the creator/uploader of the takedown
4. The creator has the option to file a counter-notice (see below)
5. If no counter-notice is filed, the content remains removed

How to File a DMCA Counter-Notice

When to File a Counter-Notice

If your content was removed due to a DMCA takedown notice, you may file a counter-notice if you believe:

• The content does not infringe any copyright
• You have authorization from the copyright holder to use the content
• The notice was filed in bad faith or is otherwise invalid

Required Elements of Counter-Notice (17 USC 512(g)(3))

1. Your Physical or Electronic Signature
2. Identification of Removed Material

   Describe the content that was removed and where it was located.

3. Statement Under Penalty of Perjury

   Include: "I declare under penalty of perjury that I have a good faith belief that the material was removed in error, and that I am the copyright owner (or am authorized to act on behalf of the copyright owner) or have other lawful rights to the material."

4. Your Contact Information

   Full name, address, phone, email.

5. Consent to Jurisdiction

   Consent that you will accept service of legal process from the person who filed the original takedown notice.

6. Notification of Re-upload

   Consent that BrainCandy will notify the takedown filer that your counter-notice has been received.

How to Submit a Counter-Notice

Send your counter-notice by email to dmca@braincandy.im with the subject line: [DMCA COUNTER-NOTICE]

What Happens After We Receive Your Counter-Notice

1. We will verify all elements are present
2. We will notify the person who filed the original takedown within 1 business day
3. If the takedown filer does NOT file a court action within 14 days, we will restore your content
4. If a court action IS filed, we will maintain the removal pending the court's decision

Repeat Infringer Policy

BrainCandy maintains a policy of terminating repeat copyright infringers in accordance with 17 USC 512(i).

What Constitutes Repeat Infringement

• Multiple valid DMCA takedown notices against the same account/creator (typically 2 or more within 12 months)
• Intentional re-upload of previously removed infringing content
• Pattern of disregard for copyright law evident from account history

Enforcement

• First Infringement: Takedown notice, content removal, warning email
• Second Infringement: Content removal, account suspension (7–30 days) pending review
• Third or Habitual Infringement: Permanent account termination, forfeiture of any pending SB payouts

Penalties for False DMCA Notices

BrainCandy will cooperate with law enforcement and will pursue legal action against filers of bad-faith notices.

Expedited DMCA Requests

If you believe content on BrainCandy poses an urgent infringement risk (e.g., a creator's unfinished game that replicates your copyrighted game), email dmca@braincandy.im with the subject: [URGENT DMCA] and provide:

• Clear description of the infringement
• Direct URLs to infringing content
• Evidence of your copyright (registration, publication date, proof of creation)
• Explanation of urgency

We will prioritize such requests and typically respond within 24 hours.

Safe Harbor & BrainCandy's Limitations

BrainCandy is a hosting platform for user-generated game content. We:

• Do not review all content for copyright compliance before posting (except as required for Terms of Service violations)
• Rely on creators to ensure their work is original or authorized
• Respond to valid DMCA notices promptly
• Maintain repeat infringer policies

We claim safe harbor protection under 17 USC 512 and do not have affirmative obligation to monitor for infringement, except to respond to valid notices.

Creator Responsibility

All creators who upload games to BrainCandy warrant that:

• They own all intellectual property in the game
• They have obtained all necessary licenses (music, art, code libraries)
• The game does not infringe any third-party copyright
• They are responsible for any claims of infringement

Repeated copyright infringement may result in creator account termination and forfeiture of payouts (see Creator Agreement).

Copyright Office Registration

To-Do for Roger: Register BrainCandy's DMCA Agent with the US Copyright Office:

1. Visit https://www.copyright.gov/
2. File Form SR (Standard Copyright Registration) or Form DMCA-Agent if available
3. Provide agent name, email, and mailing address
4. Keep registration current (update every 3 years)

Contact Us

DMCA Takedown Notices: dmca@braincandy.im

Counter-Notices: dmca@braincandy.im

Questions: legal@braincandy.im