Digital Millennium Copyright Act (DMCA) Policy

Last updated: 7/6/2026

BJORN Kreativ respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we have established this policy to address copyright infringement claims and to protect the legitimate interests of copyright owners, our users, and our platform.

Quick Summary: If you believe your copyrighted content has been used without permission on our platform, you can file a DMCA takedown notice. If your content was removed due to a false claim, you can file a counter-notification. We take all claims seriously and process them according to federal law.

1. Our Commitment to Copyright Protection

Copyright Respect

BJORN Kreativ is committed to:

• Respecting the intellectual property rights of creators and rights holders
• Providing clear procedures for reporting copyright infringement
• Responding promptly to valid DMCA notices
• Protecting users from false or abusive takedown claims
• Maintaining the integrity and balance of the DMCA framework

Safe Harbor Compliance

We operate in compliance with the DMCA's safe harbor provisions under 17 U.S.C. § 512, which provides certain protections for online service providers when they:

• Respond expeditiously to valid takedown notices
• Have no actual knowledge of infringing activity
• Do not receive financial benefit from infringing activity
• Have a designated agent for receiving copyright notices

2. How to File a DMCA Takedown Notice

Required Elements

To file a valid DMCA takedown notice under 17 U.S.C. § 512(c)(3), your notice must include ALL of the following elements:

1. Authorized Signature

• A physical or electronic signature of the copyright owner
• OR a person authorized to act on behalf of the copyright owner
• If acting on behalf of another, specify your relationship to the copyright owner

2. Identification of Copyrighted Work

• Clear identification of the copyrighted work claimed to have been infringed
• If multiple works are involved, provide a representative list
• Include registration numbers if the work is registered
• Provide sufficient detail to allow us to locate and identify the work

3. Identification of Infringing Material

• Specific identification of the material claimed to be infringing
• Exact URLs or location information where the material appears on our platform
• Sufficient information to allow us to locate the material
• Screenshots or specific descriptions if URLs are not sufficient

4. Your Contact Information

• Your full name and title (if applicable)
• Complete mailing address
• Telephone number
• Email address where we can contact you

5. Good Faith Statement

Include the following statement: "I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law."

6. Accuracy and Authorization Statement

Include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Additional Information (Helpful but Not Required)

• Examples of authorized use of your work
• Information about previous contact with the alleged infringer
• Any licensing agreements that may be relevant
• Additional context about the copyrighted work

3. Submitting Your DMCA Notice

Designated DMCA Agent

Send your complete DMCA takedown notice to our designated agent:

DMCA Agent:
Craig Dave Carbol
BJORN Kreativ
Attention: DMCA Agent
151 15th Street
North Vancouver, BC V7L 0G9
Canada
Email: support@getbjorn.ai]
Phone: 778-488-0418

Processing Timeline

• Receipt Confirmation: We acknowledge receipt within 24-48 hours
• Initial Review: Valid notices are reviewed within 2-3 business days
• Content Removal: Infringing content is removed expeditiously upon verification
• User Notification: Affected users are notified of the removal
• Counter-Notice Period: 10-14 business days for counter-notifications

4. Counter-Notification Process

When to File a Counter-Notification

You may file a counter-notification if you believe:

• The material was removed by mistake or misidentification
• You have authorization to use the copyrighted material
• Your use constitutes fair use or another legal exception
• The original takedown notice was defective or fraudulent
• You are the actual rights holder and the claim was made in error

Counter-Notification Requirements

Your counter-notification must include:

Required Elements

• Your Signature: Physical or electronic signature
• Identification of Material: Specific description of removed material and its former location
• Good Faith Statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed as a result of mistake or misidentification."
• Consent to Jurisdiction: Statement consenting to federal court jurisdiction in your district
• Contact Information: Your name, address, and phone number
• Agent Service Consent: Statement that you will accept service of process from the original complainant

Supporting Information (Recommended)

• Evidence of authorization to use the material
• Fair use analysis or legal justification
• Documentation showing ownership or licensing rights
• Previous correspondence with the copyright claimant

Counter-Notification Process

1. Submit Counter-Notice: Send to our DMCA agent using the same contact information
2. Review Period: We review the counter-notification for completeness
3. Forward to Claimant: We forward your counter-notice to the original claimant
4. Waiting Period: 10-14 business days for claimant to file court action
5. Restoration: If no court action is filed, we may restore the content

5. Repeat Infringer Policy

Three-Strike Policy

BJORN Kreativ implements a policy for addressing repeat copyright infringers:

• First Violation: Warning and content removal
• Second Violation: Temporary account suspension and mandatory copyright education
• Third Violation: Permanent account termination
• Severe Cases: Immediate termination for egregious violations

Appeals Process

Users facing account action may appeal by:

• Providing evidence that violations were made in error
• Demonstrating completion of copyright education programs
• Showing implementation of measures to prevent future violations
• Requesting review by senior management for extenuating circumstances

6. False Claims and Abuse Prevention

Section 512(f) - False Claims

Under 17 U.S.C. § 512(f), any person who knowingly makes a false claim may be liable for damages, including:

• Costs and attorney's fees incurred by the accused
• Damages resulting from wrongful removal of content
• Other damages as determined by the court

Abuse Prevention Measures

We implement measures to prevent DMCA abuse:

• Review notices for obvious errors or bad faith
• Track patterns of abusive claiming
• Require increasingly detailed information from repeat claimants
• Maintain records for potential Section 512(f) claims
• Provide clear channels for reporting abuse

7. Educational Content and Fair Use

Fair Use Considerations

Before filing a DMCA notice, consider whether the use may be protected by fair use under 17 U.S.C. § 107, including:

• Purpose: Educational, commentary, criticism, news reporting, or transformative use
• Nature: Whether the original work is creative or factual
• Amount: How much of the original work was used
• Effect: Impact on the market for the original work

Educational Safe Harbor

Special considerations apply for educational institutions and classroom use under certain circumstances defined in the DMCA and fair use doctrine.

8. International Copyright Issues

International Works

We respect copyrights protected under:

• International copyright treaties and conventions
• Bilateral agreements between countries
• Local copyright laws where applicable
• The Berne Convention and other international frameworks

Cross-Border Enforcement

For international copyright claims:

• Provide evidence of copyright protection in the relevant jurisdiction
• Include translations of foreign-language documents when necessary
• Specify the applicable copyright law and duration
• Consider jurisdictional issues for enforcement

9. Transparency and Reporting

DMCA Transparency

We maintain transparency in our DMCA process by:

• Publishing periodic transparency reports
• Providing clear statistics on takedown requests and removals
• Sharing information about common issues and resolutions
• Offering guidance on best practices for rights holders and users

10. Alternative Dispute Resolution

Voluntary Resolution

Before formal DMCA procedures, consider:

• Direct communication with the alleged infringer
• Licensing discussions for ongoing use
• Mediation through neutral third parties
• Platform-specific resolution programs

11. Contact Information and Support

DMCA-Related Inquiries:

Primary Contact:
Craig Dave Carbol
BJORN Kreativ
Attention: DMCA Compliance
151 15th Street
North Vancouver, BC V7L 0G9
Canada
Email: support@getbjorn.ai]
Phone: 778-488-0418

Alternative Contact Methods:

• Legal Department: support@getbjorn.ai

Business Hours: 8:00 AM – 5:00 PM Pacific

12. Legal Disclaimers

Legal Advice Disclaimer

This policy is for informational purposes only and does not constitute legal advice. Copyright law is complex and varies by jurisdiction. Consult with qualified legal counsel for specific legal guidance regarding copyright infringement, fair use, or DMCA procedures.

Policy Updates

We may update this DMCA policy to reflect:

• Changes in applicable copyright law
• Updates to DMCA procedures and best practices
• Improvements to our platform and content management
• Clarifications based on user feedback and experience

This DMCA policy is designed to balance the rights of copyright holders with the legitimate interests of users while ensuring compliance with federal copyright law.