What happens when I receive a DMCA notification of claimed infringement?

Patreon’s Copyright & Trademark policy governs how we handle copyright claims.

When Patreon receives a notification of claimed infringement under the Digital Millennium Copyright Act (DMCA), we review it before taking action. This initial review focuses on two things:

1. Does the notification include everything the law requires?
2. Does anything about it suggest it wasn't sent in good faith?

The first check confirms that the notification meets the requirements of section 512 of the Copyright Act. We may decline to act on notifications that do not meet section 512’s requirements.

The second check is a review for obvious problems on the face of the notification, such as indications that the notification is aimed at something other than protecting a copyright. We may decline to act on a notification that indicates bad faith or improper motivation.

If a notification clears this review, that isn't a determination that the claim is correct, or that you infringed anyone's copyright. It means only that the notification is complete enough that we generally have to act on it.

What happens next

Patreon acts expeditiously on notifications of claimed infringement. If a notification of claimed infringement clears the review described above, then, if the sender doesn't withdraw the notification, we'll disable access to the material and notify you by email.

You have two options after being notified of a copyright claim concerning your Patreon account:

Option 1: Resolve it directly with the sender

If the notification was sent by mistake, or if you reach an agreement with the copyright owner (for example, by getting a license to use the copyrighted material), they can withdraw the notification by contacting us directly. If they do, we'll restore the material and the notification won't count toward our repeat infringer termination policy (discussed below).

Option 2: Send us a counter-notification

If you believe the material was removed as a result of a mistake or misidentification, you can send us a counter-notification. To be effective, a counter-notification must meet the requirements of section 512(g)(3) of the Copyright Act.

Here's what happens when Patreon receives a compliant counter-notification:

• We forward it to the person or entity who sent the original notification.
• No more than 14 business days after we receive the counter-notification, we restore the material unless the sender first notifies us that they've started a legal action against you over the material.
• If the sender wants to keep the material down following a compliant counter-notification, they have to file an action in federal court or start a proceeding before the Copyright Claims Board, and tell us they've done so before our restoration deadline. If they do that, the material stays down. If you'd like us to restore the material after the proceeding concludes, contact us, and we'll take another look.

Things to consider before sending a counter-notification

Sending a counter-notification is a formal legal step with real consequences. Specifically:

• Your contact information goes to the person who sent the notification. The law requires us to forward your counter-notification to them, and requires the counter-notification to include your name, address, and phone number. If you're not comfortable sharing your home address, consider using a business address or a P.O. box where you can receive mail.
• You'll be making a sworn statement. A counter-notification includes a statement under penalty of perjury.
• You'll be agreeing to be sued in a specific court. A counter-notification includes your consent to the jurisdiction of a federal court and your agreement to accept legal papers from the person who sent the notification.

We strongly encourage you to speak to a lawyer regarding your specific situation before sending a counter-notification.

Counter-notification template

Send your counter-notification, via email, to Patreon’s designated agent at copyright@patreon.com, preferably inline with the email thread containing the original notification of claimed infringement sent to you by Patreon. Please include all four items below.

1. Your contact information
   • Your full name
   • Your address
   • Your telephone number
   • Your email address

2. Identification of the material

   In your own words, describe the material that was removed, and include the URL where it appeared before it was removed.

3. Statement under penalty of perjury

   Please read this carefully and make sure you understand and agree with it before including it:

   "Under penalty of perjury, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located. If my address is outside of the United States, I consent to the jurisdiction of any judicial district in which Patreon may be found. I will accept service of process from the person who sent the original notification of claimed infringement, or an agent of that person."

4. Your signature

   Physical or electronic.

Repeat infringer termination policy

If we receive repeated notifications of claimed infringement directed at your account, we may terminate your account under our repeat infringer termination policy.

Not every notification counts against you. For example, a notification won't count toward this policy if:

• the sender withdraws it;
• we determine it doesn't meet section 512's requirements;
• you send us a counter-notification that meets section 512(g)(3)'s requirements and the sender doesn't tell us they've filed a court action before our restoration deadline; or
• the sender does go to court but doesn't obtain an order.

We'll ordinarily notify you when your account is approaching termination under this policy, so you have a chance to address it. Under appropriate circumstances, we may terminate an account under this policy without prior notice.