Copyright & DMCA Policy
Effective Date: 8 December 2025 Last Updated: 8 December 2025
Our Commitment
Pixelflare respects intellectual property rights. This policy explains how to report copyright infringement and how we handle such reports under the US Digital Millennium Copyright Act (DMCA) and UK Copyright law.
Scope
This policy applies to:
- Pixelflare instances operated by Alicia Sykes
- User-uploaded content on these instances
For self-hosted instances, operators should create their own copyright policies.
Reporting Copyright Infringement
If you believe content on Pixelflare infringes your copyright, you may file a takedown notice.
How to File a DMCA Notice
Submit your notice via:
- GitHub Issues: Pixelflare Repository (mark as copyright claim)
- Alternative: Contact information available in the repository
Required Information for Valid Notice
Under 17 U.S.C. § 512(c), your notice must include:
Your Contact Information:
- Full legal name
- Physical address
- Email address
- Telephone number (optional)
Identification of Copyrighted Work:
- Description of the copyrighted work you own
- Registration number (if registered with copyright office)
- If multiple works, a representative list
Identification of Infringing Material:
- Direct URL(s) to the specific image(s)
- Sufficient detail to locate the content
Statement of Good Faith:
- "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
Statement of Accuracy:
- "The information in this notification is accurate, and under penalty of perjury, I am the copyright owner or authorized to act on behalf of the copyright owner."
Physical or Electronic Signature:
- Your full legal name (typed counts as electronic signature)
- Or scanned physical signature
Incomplete Notices
Notices that do not include all required information may not be processed. We may contact you to request missing information.
Designated DMCA Agent
Our designated agent for copyright notices is:
Alicia Sykes
- Contact Method: GitHub Issues
- Jurisdiction: United Kingdom
Note: We may register this designation with the US Copyright Office in the future. Check the repository for updates.
Our Response Process
Timeline
We aim to process valid DMCA notices within 5-7 business days.
Actions We May Take
Upon receiving a valid notice, we will:
- Review the Notice: Verify it meets DMCA requirements
- Investigate: Confirm the content exists and matches the claim
- Remove Content: If valid, immediately delete the infringing content
- Notify User: Inform the uploader of the removal and reason
- Record Strike: Apply a strike to the user's account (see Repeat Infringer Policy)
Notification to User
We will notify the user whose content was removed, including:
- Copy of the DMCA notice (with your contact information)
- Reason for removal
- Information about filing a counter-notice
- Current strike count
Counter-Notification Process
If you believe your content was wrongly removed, you may file a counter-notice.
How to File a Counter-Notice
Submit your counter-notice via the same channels as DMCA notices.
Required Information for Valid Counter-Notice
Your counter-notice must include:
Your Contact Information:
- Full legal name
- Physical address
- Email address
- Phone number
Identification of Removed Content:
- URL where content was located before removal
- Description of the content
Statement Under Penalty of Perjury:
- "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification."
Consent to Jurisdiction:
- "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or the courts of England and Wales if my address is outside the United States), and I will accept service of process from the person who provided the original DMCA notice or an agent of such person."
Physical or Electronic Signature
What Happens Next
After receiving a valid counter-notice:
- We forward it to the original complainant
- The complainant has 10-14 business days to file a lawsuit
- If no lawsuit is filed, we may restore the content (at our discretion)
- The strike on your account may be removed
Note: Due to our immediate deletion policy, content cannot be restored - you would need to re-upload.
Repeat Infringer Policy
We maintain a three-strike policy for repeat copyright infringers.
Strike System
- First Strike: Warning, content removed
- Second Strike: Temporary suspension (7 days), content removed
- Third Strike: Permanent account termination, all content removed
Strike Duration
Strikes remain on your account for 12 months. After 12 months without new violations, strikes may be removed.
Appeal Process
You may appeal a strike by:
- Filing a counter-notice (if wrongful removal)
- Contacting us with evidence the claim was invalid
- Demonstrating you've removed all infringing content
UK Copyright Law
For users and copyright holders in the UK:
UK Copyright Claims
You may also report infringement under UK Copyright, Designs and Patents Act 1988:
- Follow the same process as DMCA notices above
- No specific format required, but include the same information
- We will process under similar procedures
UK Legal Process
Copyright holders may pursue legal action through UK courts independently of this policy.
False Claims
Penalties for False Claims
Under 17 U.S.C. § 512(f), you may be liable for damages if you knowingly materially misrepresent that content is infringing.
This includes:
- Claiming copyright you don't own
- Falsely identifying content as infringing
- Abusing the DMCA process
Consequences
We may:
- Report false claims to authorities
- Ban users who file false claims
- Assist targeted users in pursuing legal action against you
What This Policy Does NOT Cover
This policy does not address:
- Trademark disputes (see our Terms of Service)
- Privacy violations (see our Privacy Policy)
- Defamation or other non-copyright legal issues
- Content that violates our Acceptable Use Policy (but isn't copyright infringement)
For other policy violations, see our Acceptable Use Policy.
User Responsibilities
Copyright Compliance
Users must:
- Only upload content they own or have rights to use
- Respect others' intellectual property
- Include proper attribution when required
- Set appropriate licenses on their content
License Selection
Pixelflare allows users to specify licenses for their images:
- Public Domain
- Creative Commons variants
- Proprietary/All Rights Reserved
- Other custom licenses
Selecting a license does not transfer ownership - it only grants usage permissions.
Safe Harbor Provisions
Pixelflare operates as an online service provider under DMCA safe harbor provisions (17 U.S.C. § 512(c)).
We:
- Do not pre-screen content
- Remove infringing material when properly notified
- Terminate repeat infringers
- Do not have actual knowledge of infringement until notified
Self-Hosted Instances
If you operate your own Pixelflare instance:
- You are responsible for copyright compliance
- You should create your own DMCA policy
- You should designate your own DMCA agent
- Consider registering with the US Copyright Office if serving US users
- This policy serves as a template only
International Considerations
Users Outside US/UK
Users in other countries should comply with their local copyright laws. This policy provides a framework but does not override local requirements.
Copyright Holders Outside US/UK
International copyright holders may file notices under this policy, but should also consider their local legal options.
Changes to This Policy
We may update this policy to:
- Comply with legal changes
- Improve our processes
- Clarify existing procedures
Significant changes will be announced with an updated "Last Updated" date.
Additional Resources
- US Copyright Office
- UK Intellectual Property Office
- DMCA Safe Harbor Requirements
- Creative Commons Licenses
Disclaimer
This policy provides a framework for handling copyright claims but does not constitute legal advice.
Copyright holders and users should consult their own legal counsel for advice specific to their situations.
Contact Information
For Copyright Claims:
- GitHub Issues (mark as copyright claim)
For Questions About This Policy:
Designated DMCA Agent:
- Name: Alicia Sykes
- Address: Available upon request for legal notices
- Contact: Via repository channels above
Acknowledgment
By using Pixelflare, you acknowledge that you have read and agree to comply with this copyright policy.
You represent that you own or have rights to all content you upload, and that your content does not infringe on the intellectual property rights of others.