Showwcase Repeat Infringer Policy
Last updated: 15th March, 2021
Showwcase is committed to preserving the quality, originality, and lawfulness of the works, content, and materials we host. In order to manage our legal risk and accountability to copyright owners, and to better safeguard our creators, we have prepared the following policy to address repeat copyright infringers on the Site.
Upholding Individualized Consideration
Copyright claims can be complicated, and can many a time be weaponized to supress and censor works and content we are looking to encourage on this platform. As such, we will try our best to manage complaints of repeat infringers on an individual basis whenever there is capacity to do so. Our goal is to approach remedial action in a deliberate and focused manner.
Each of our users, whether as a content creator, consumer (including a paying or non-paying subscriber) or otherwise, shall not store any material or content, or access, share or distribute any material or content using the Site or any other Showwcase services, in any manner that constitutes an infringement of third party copyrights.
To help us meet our expressed goal above, due consideration is given to understanding the greater context of copyright claims as best as possible before a decision on remedial action is made. The questions we would want to ask includes:
What is the nature of the alleged infringement? Is it plagiarism (which is also against our content guidelines)? Is it a plausible fair use?
Does the complained-about works or content have free speech significance? Political significance?
Who are the complainers? Are they credible?
Does the alleged infringer have a known history of infringement outside of our platform?
Repeat Infringer Claims
A decision will be made as to whether remedial action is fitting when:
A request for remedial action against an alleged repeat infringer is brought to our attention through a credible third-party complaint sent to an appropriate channel (e.g., our agent for service of process or our Digital Millennium Copyright Act ("DMCA") Designated Agent);
We receive more than three compliant DMCA notices about different pieces of content from the same user in the same calendar year; and
A string of alleged infringements appears particularly deliberate or flagrant.
We may take into account any retractions and counter-notices prior to taking any remedial action against an alleged repeat infringer.
By submitting a repeat infringer claim to us, you agree that you shall be liable for and indemnify us against any loss, damages, costs or expenses incurred by us or our users as a result of or in connection with your misrepresentation if you knowingly materially misrepresent that a person/organisation has been repeatedly infringing your copyright.
We will contemplate, at our sole and absolute discretion, any suitable remedial action currently available in our content moderation procedures, including but not limited to:
Disabling selected tools or features
Account suspension or termination
If you would like to report a potential breach of this policy, or have any questions, suggestions or comments about this policy, please email us at email@example.com.
We reserve the right to revise this policy from time to time at our sole and absolute discretion with or without notice.