Copyright & takedown

DRAFT – NOT LEGAL ADVICE. To be reviewed by an Australian qualified lawyer before use.

Version [0.1-draft] · Last updated [DATE] · Operator: [ENTITY NAME / ABN] trading as NeverReel. Drafting note: NeverReel currently operates under Michael Rocci's ABN as a sole trader. Replace [ENTITY NAME / ABN] throughout if and when a Pty Ltd is incorporated, and novate/re-accept terms at that time.

1. Scope

NeverReel respects intellectual property rights. This policy explains how rights holders can request removal of infringing material, how users can respond, and our repeat-infringer policy. It is designed to align with the Copyright Act 1968 (Cth) (including the safe harbour scheme, to the extent it applies to NeverReel) and the US Digital Millennium Copyright Act (17 U.S.C. § 512) for US-based claims. [Lawyer: confirm whether NeverReel qualifies for the Australian safe harbour in Part V Div 2AA (limited categories of service providers); if not, this process operates as a voluntary notice-and-takedown process.]

AI-generated material may attract limited or no copyright protection; we may still act on claims about inputs, trade marks, likeness or contractual rights (see the Acceptable Use & AI Content Policy).

2. Designated contact

Copyright Agent, [ENTITY NAME / ABN], [POSTAL ADDRESS], [COPYRIGHT EMAIL]. [US DMCA designated agent registration with the US Copyright Office: [TO BE COMPLETED].]

3. Submitting a notice

Include:

1. your name, address, phone and email, and authority to act for the rights holder;

2. identification of the work you claim is infringed;

3. the URL or precise location of the material on NeverReel;

4. a statement that you believe in good faith the use is not authorised by the owner, its agent or the law;

5. a statement that the information is accurate and, for DMCA notices, under penalty of perjury that you are authorised to act;

6. your physical or electronic signature.

4. What we do

1. We review notices promptly and, where a notice is complete and appears valid, remove or disable access to the material expeditiously (target [2] business days; faster for live campaigns).
2. We notify the user who posted it, with a copy or summary of the notice (personal details of the complainant may be redacted where appropriate).
3. If the material is central to a live campaign, we may pause the campaign while the matter is resolved.

5. Counter-notice

1. A user who believes material was removed by mistake or misidentification may send a counter-notice to [COPYRIGHT EMAIL] containing: their contact details; identification of the removed material and its former location; a statement in good faith (for DMCA, under penalty of perjury) that it was removed by mistake or misidentification; consent to jurisdiction ([Victoria, Australia / for US users, the US federal district court for their address]); acceptance of service from the complainant; and signature.
2. We forward the counter-notice to the complainant and may restore the material after [10–14] business days unless the complainant tells us they have commenced legal proceedings.

6. Misuse

Knowingly false notices or counter-notices may expose the sender to liability (including under 17 U.S.C. § 512(f) in the US). We may disregard abusive notices.

7. Repeat infringers

We will terminate accounts of users who are found to have repeatedly infringed, generally after [3] valid strikes within [12] months, or sooner for serious cases. Creators with terminated accounts may have campaigns cancelled and backers refunded under the Creator Terms.

8. Other claims

Likeness, privacy, defamation and trade mark complaints: [LEGAL EMAIL]. Online safety complaints: [SAFETY EMAIL] or the eSafety Commissioner.