DMCA Takedown Policy
Art Is Yummy, Llc
d/b/a The Sensory World
Dmca Takedown Policy
Copyright infringement notice and procedure
Effective Date: [TO BE FILLED IN]
Version 2.0 | Draft for Attorney Review
© Art Is Yummy, LLC. All rights reserved.
- Overview
Art Is Yummy, LLC ("AIY") respects intellectual property rights. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we maintain the following procedure for handling copyright infringement claims.
- Designated Agent
Our DMCA designated agent is:
Art Is Yummy, LLC | Attn: DMCA Agent
Email: [TO BE FILLED IN: dmca@artisyummy.com]
Address: [TO BE FILLED IN]
⚠ The designated agent must be registered with the U.S. Copyright Office at https://www.copyright.gov/dmca-directory/ to maintain safe harbor protection.
- Filing a Takedown Notice
A valid takedown notice must include:
A physical or electronic signature of the copyright owner or authorized representative
Identification of the copyrighted work(s) claimed to be infringed
Identification of the infringing material with sufficient detail to locate it on the Platform (URLs, station, listing IDs)
Your contact information (name, address, phone, email)
A statement of good faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement under penalty of perjury that the notice information is accurate and you are authorized to act on behalf of the copyright owner
- Our Response
We will promptly remove or disable access to the allegedly infringing material
We will notify the user who posted the material
We will provide the user with a copy of the notice and information about counter-notification
- Counter-Notification
If you believe your content was removed in error, submit a counter-notification containing:
Your physical or electronic signature
Identification of the removed material and its prior location
A statement under penalty of perjury of good faith belief of mistake or misidentification
Your name, address, phone number
Consent to jurisdiction of the federal court where your address is located and acceptance of service of process from the original complainant
Upon receiving a valid counter-notification, we forward it to the complainant. If no court action is filed within 10 business days, we may restore the content.
- Repeat Infringers
Users who receive three valid DMCA takedown notices within a 12-month period are considered repeat infringers. Repeat infringers will have their accounts terminated and all Marketplace/Vendor privileges permanently revoked, consistent with the Vendor & Creator Agreement.
- AI-Generated Content Disputes
Copyright disputes involving AI-generated content present unique challenges because AI outputs may not be eligible for copyright protection. If a dispute involves AI-generated or AI-assisted content, we will evaluate: the extent of human creative contribution to the work, the similarity to the claimed copyrighted work, and whether the AI tool's output is sufficiently transformative. AIY may request additional information from both parties before making a determination.
- Non-Copyright IP Claims
Trademark infringement, trade secret, or other non-copyright IP claims should be directed to [TO BE FILLED IN: legal@artisyummy.com]. These are handled outside the DMCA process and evaluated on a case-by-case basis.
- Misrepresentation Warning
Under 17 U.S.C. § 512(f), knowingly material misrepresentation in a DMCA notice or counter-notification may result in liability for damages, costs, and attorneys' fees.