Perspicace DMCA Copyright Policy

Effective Date: 4 October 2018

What is the DMCA?

The Digital Millennium Copyright Act (DMCA) creates a standardized process for copyright holders (including software developers) to ask Perspicace to take down infringing content. You can find more information about the DMCA at the U.S. Copyright Office’s official website.

As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. Our guides aren’t legal advice and shouldn’t be taken as such.

Submit a DMCA Take-Down Notice

If someone else is using your copyrighted content in an unauthorized manner on Perspicace, follow the process outlined below to submit a DMCA Take-Down Notice and request that the infringing content be changed or removed. Before you begin, we recommend that you review GitHub’s DMCA take-down policy for additional background and considerations.

To submit a DMCA Take-Down Notice, you will need to provide us with the following information:

  1. Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);

  2. Identification of the infringing material and information reasonably sufficient to permit Perspicace to locate the material on the Services;

  3. Your contact information, including name, address, telephone number and email address;

  4. The following statements:

    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”

    • “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  5. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

Deliver this notice, with all items completed, to Perspicace Designated Copyright Agent:

Perspicace Inc.
Attention: Copyright Agent
1030 Timberline Drive
Lake Oswego, OR 97034
legal@perspicace.ai

Perspicace respects intellectual property rights and expects its users to do the same. Perspicace response to a DMCA Take-Down Notice may include the removal or restriction of access to allegedly infringing material. Please note that information provided in a DMCA Take-Down Notice may be forwarded to the user who posted the allegedly infringing content. In accordance with applicable law, Perspicace will, under appropriate circumstances, terminate the accounts of repeat copyright infringers. We also reserve the right, in our sole discretion, to terminate any account for actual or apparent copyright infringement.

Bad Faith Notices. Please be aware that under applicable law (including 17 U.S.C. § 512(f)), you may be liable for any damages, including without limitation costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you’re unsure whether the material you are reporting is in fact infringing, you may wish to consult with an attorney before filing a notification with us.

Submit a DMCA Counter-Notice.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. To submit a counter-notice, please respond to our original email notification of removal with the following information:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);

  2. Your name, address and telephone number; 

  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district located in Multnomah County, in the city of Portland, Oregon, and that you will accept service of process from the person who provided the original notification or an agent of such person; 

  4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

  5. A physical or electronic signature (typing your full name will suffice). 

Upon receipt of a valid counter-notice, Perspicace will forward it to the notifying party who submitted the original notice of infringement. The notifying party will then have ten (10) business days to notify us that they have filed legal action relating to the allegedly infringing material. If we don’t receive any such notification within ten business days, we may restore the material to the Services.

We may modify this DMCA Copyright Policy from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you in accordance with the procedures set forth in our Terms of Service.