Notice-and-takedown procedure under 17 U.S.C. §512.
1.1. Notices of claimed infringement are to be addressed to the designated agent, Nico Boccia of NB Studio, by electronic mail to privacy@useaurel.com, bearing the subject line “DMCA Notice”. A postal address is furnished on request to that address. Notices are reviewed on business days.
2.1. Pursuant to 17 U.S.C. §512(c)(3), a notice must contain, in substance, all of the following: the physical or electronic signature of the owner of the copyright said to be infringed, or of a person authorised to act on that owner’s behalf; identification of the copyrighted work said to have been infringed, or, where multiple works are covered by a single notice, a representative list of those works; identification of the material said to be infringing, in sufficient detail to permit its location, the full uniform resource locator being required for that purpose; the address, telephone number and electronic mail address of the complaining party; a statement that the complaining party has a good faith belief that the use complained of is not authorised by the copyright owner, its agent or the law; and a statement, made under penalty of perjury, that the information in the notice is accurate and that the complaining party is the owner or is authorised to act on the owner’s behalf.
2.2. A notice which does not satisfy the requisites of clause 2.1 is returned to the complaining party with an indication of the particulars omitted.
2.3. Attention is drawn to 17 U.S.C. §512(f), under which a person who knowingly materially misrepresents that material is infringing may be liable for the damages occasioned by that misrepresentation, including costs and attorneys’ fees.
3.1. Upon receipt of a notice satisfying clause 2.1 the operator expeditiously removes or disables access to the material complained of, notifies the account holder by whom the material was uploaded, transmits to that account holder a copy of the notice and informs that account holder of the counter-notification procedure set out in article 4.
3.2. The operator does not adjudicate questions of ownership or of fair use; it acts upon the procedure prescribed by statute.
4.1. Pursuant to 17 U.S.C. §512(g)(3), an account holder whose material has been removed may serve a counter-notification containing, in substance, all of the following: the physical or electronic signature of the account holder; identification of the material removed and of the location at which it appeared before removal; a statement, made under penalty of perjury, that the account holder has a good faith belief that the material was removed as a result of mistake or misidentification; and the name, address and telephone number of the account holder, together with a statement that the account holder consents to the jurisdiction of the United States District Court for the district in which that address is situated, or, where that address lies outside the United States, of any judicial district in which the operator may be found, and that the account holder will accept service of process from the complaining party.
4.2. The counter-notification is transmitted to the complaining party. Where the operator receives no notice that the complaining party has commenced an action seeking a court order within ten to fourteen business days, access to the material is restored.
5.1. Pursuant to 17 U.S.C. §512(i) the operator has adopted and implements a policy providing for the termination, in appropriate circumstances, of the accounts of repeat infringers. Upon a first notice satisfying clause 2.1 the material is removed and the account holder notified; upon a second such notice a formal warning is issued; upon a third such notice the account is terminated, without refund of the billing cycle then current.
5.2. Notices received are recorded against the account to which they relate.
6.1. Under article 6 of the Terms of Service a customer may upload only material in respect of which it holds the rights necessary for that purpose, and is responsible for that material. Ownership of a dish does not confer ownership of a photograph of that dish.
7.1. The Digital Millennium Copyright Act is a statute of the United States. NB Studio being established in Italy, the corresponding obligations arise under Directive 2000/31/EC and Regulation (EU) 2022/2065. The procedure set out in articles 1 to 4 applies to all complainants irrespective of the jurisdiction in which they are situated.
