MyOrbit DMCA Policy
Introduction
MyOrbit 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"), 17 U.S.C. § 512, we have adopted this policy for responding to claims of copyright infringement on our platform.
This policy covers all MyOrbit services including messaging, AI avatars, digital twins, creator content, and marketplace listings.
Designated DMCA Agent:
MyOrbit Legal Department
Email: legal@myorbit.ai
Physical: 730 Moreno Ave, Palo Alto, CA 94303
Quick Reference Guide
| Action Needed | Expected Response Time | |
|---|---|---|
| Report Infringement | legal@myorbit.ai | 24-48 hours acknowledgment |
| Counter-Notification | legal@myorbit.ai | 2-3 business days review |
| Repeat Infringer Report | legal@myorbit.ai | Immediate investigation |
| General Questions | legal@myorbit.ai | 48-72 hours |
Table of Contents
- Before You File a DMCA Notice
- How to File a DMCA Takedown Notice
- Our Response Process
- Counter-Notification Process
- Repeat Infringer Policy
- AI and Copyright on MyOrbit
- International Considerations
- Impact on Monetization
- Safe Harbor Protection
- Educational Resources
- Legal Information
- Contact Information
- DMCA Notice Templates
Before You File a DMCA Notice
Consider Fair Use
Not all uses of copyrighted material constitute infringement. Fair use may include:
- Criticism or commentary
- Parody or satire (clearly marked)
- News reporting
- Teaching or research
- Transformative works
MyOrbit-Specific Considerations
AI-Generated Content:
Content created by AI may incorporate elements from training data. Consider whether the use is transformative before filing.
Digital Twins & Avatars:
Personality rights differ from copyright. For likeness concerns, see our "Look Ma I'm Famous" policy.
E2EE Content:
We cannot access end-to-end encrypted content. Reports must include accessible evidence.
Good Faith Requirement
Filing a false DMCA notice may subject you to liability for damages under Section 512(f), including costs and attorneys' fees. Consider consulting an attorney if uncertain.
How to File a DMCA Takedown Notice
Required Information
Your DMCA notice must include all of the following:
1. Identification of Copyrighted Work
Describe the copyrighted work you claim has been infringed. If multiple works, provide a representative list.
Example: "My original song 'Sunset Dreams' released
on March 1, 2024, Copyright Reg. No. PA0002134567"
2. Identification of Infringing Material
Provide specific URLs or descriptions enabling us to locate the material:
- Direct links to posts/content
- Username of alleged infringer
- Timestamps for video/audio
- Screenshots (helpful but not sufficient alone)
Example: "myorbit.ai/user/john_doe/post/12345 at timestamp
1:23-2:45"
3. Your Contact Information
- Full legal name
- Mailing address
- Phone number
- Email address
- Company/organization (if applicable)
4. Good Faith Statement
Include this exact statement:
"I have a good faith belief that the use of the material in the
manner complained of is not authorized by the copyright owner, its
agent, or the law."
5. Accuracy Statement
Include this exact 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."
6. Signature
- Physical signature (if mailed)
- Electronic signature (typed name between forward slashes: /John Doe/)
- Digital signature (DocuSign, Adobe Sign accepted)
Submission Methods
Email (Preferred): legal@myorbit.ai
Mail: MyOrbit Legal, 730 Moreno Ave, Palo Alto, CA 94303
Online Form: myorbit.ai/dmca-form (coming soon)
Our Response Process
Upon Receipt of Valid Notice
Day 1-2: Initial Review
- Acknowledge receipt via email
- Verify notice completeness
- Assign case number for tracking
Day 2-3: Content Review
- Locate reported content
- Assess claim validity
- Check for obvious fair use
Day 3-5: Action Taken
If Notice is Valid:
- Remove or disable access to content
-
Notify affected user with:
- Copy of DMCA notice (redacted personal info)
- Counter-notification instructions
- Timeframe for response
- Note strike on user's account
If Notice is Invalid/Incomplete:
- Request missing information
- No action until complete notice received
- Explain deficiencies
Special Handling
AI-Generated Content:
- Extended review for transformative use
- May request additional information
- Consult with AI ethics team
Creator Economy Content:
- Expedited review (within 24 hours)
- Revenue freeze during investigation
- Priority given to verified creators
Marketplace Listings:
- Immediate suspension of sales
- Buyer notifications if needed
- Escrow hold on pending transactions
Counter-Notification Process
If your content was removed and you believe it was a mistake or fair use, you may file a counter-notification.
Requirements for Counter-Notice
1. Identify Removed Content
- Original URL or content ID
- Case number from takedown notice
- Description of removed material
2. Statement of Good Faith
"I swear, under penalty of perjury, that 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."
3. Consent to Jurisdiction
"I consent to the jurisdiction of Federal District Court for the
judicial district in which my address is located, or if my address
is outside of the United States, for any judicial district in
which MyOrbit may be found, and I will accept service of process
from the person who provided the original DMCA notification or an
agent of such person."
4. Your Information
- Full legal name
- Physical address
- Phone number
- Email address
- Electronic/physical signature
Counter-Notice Timeline
Days 0-2: We review counter-notice for completeness
Day 3: Forward to original complainant
Days 4-14: Waiting period for complainant response
Day 14+: If no lawsuit filed, content may be restored
Important Notes
- Content restoration is not guaranteed
- Multiple false counter-notices may result in termination
- Legal action may still proceed outside DMCA process
Repeat Infringer Policy
Strike System
First Infringement:
- Content removed
- Warning issued
- Educational resources provided
Second Infringement:
- Content removed
- 7-day suspension
- Required copyright education module
Third Infringement:
- Content removed
- 30-day suspension
- Monetization disabled
Fourth Infringement:
- Permanent account termination
- IP address ban
- Forfeiture of remaining balance
Strike Expiration
- Strikes expire after 12 months of no violations
- Successful counter-notices remove strikes
- Retracted notices remove strikes
Appeals for Termination
Email: legal@myorbit.ai
- One appeal per termination
- Must demonstrate understanding of copyright
- May require additional verification
AI and Copyright on MyOrbit
AI-Generated Content
Our Position:
- AI outputs may incorporate training data elements
- Transformative use is evaluated case-by-case
- Users responsible for AI-generated content they post
Best Practices:
- Don't prompt AI to reproduce copyrighted works
- Transform and add creative elements
- Credit inspirations when known
- Use copyright-free training options when available
Digital Twins and Avatars
Copyright vs. Personality Rights:
- Copyright: Protects creative works
- Personality rights: Protects likeness/identity
- Different legal frameworks apply
"Look Ma I'm Famous" System:
- 30-day grace period for celebrity claims
- Verification required for boxing claims
- Revenue sharing options available
- Not technically DMCA but similar process
International Considerations
EU Users
- Article 17 compliance for platforms
- Notice-and-stay-down obligations
- Enhanced creator protections
UK Users
- Similar to US DMCA process
- UK Copyright Act applies
- Court orders respected
Other Jurisdictions
- Local copyright laws respected
- May require court orders
- Consult local counsel when needed
Impact on Monetization
During DMCA Investigation
Creators:
- Revenue frozen (not forfeited)
- Nuggets held in escrow
- Subscriptions paused
- AdWorks campaigns suspended
Resolution Outcomes:
- Content Restored: Revenue released with interest
- Content Removed: Revenue forfeited to copyright owner
- Settlement: Revenue split per agreement
Repeat Infringers:
- Permanent monetization ban
- Existing revenue forfeited
- Cannot create new creator accounts
Safe Harbor Protection
MyOrbit's Protections
We qualify for DMCA safe harbor by:
- Not having actual knowledge of infringement
- Not receiving financial benefit from infringement we control
- Expeditiously removing content upon notice
- Maintaining repeat infringer policy
- Accommodating standard technical measures
Limitations
We Cannot:
- Pre-screen all content
- Determine copyright ownership definitively
- Provide legal advice
- Access E2EE encrypted content
We Are Not:
- Judges of copyright validity
- Required to investigate beyond notice
- Responsible for user infringement
- Obligated to restore content
Educational Resources
Copyright Basics
- What's Protected: Original works of authorship
- What's Not: Ideas, facts, short phrases
- Duration: Life + 70 years (generally)
- Fair Use: Limited use for criticism, education, etc.
MyOrbit-Specific Tips
- Create original content
- Use royalty-free resources
- Transform significantly when inspired
- Credit sources when possible
- Respect "no derivatives" licenses
Resources
U.S. Copyright Office: copyright.gov
Creative Commons: creativecommons.org
Fair Use Evaluator: librarycopyright.net/resources/fairuse/
MyOrbit Creator Academy: myorbit.ai/academy
Legal Information
False Claims
Submitting false DMCA notices may result in:
- Liability for damages under 17 U.S.C. § 512(f)
- Attorneys' fees and costs
- Criminal prosecution for perjury
- Permanent ban from MyOrbit
Preservation of Rights
- This policy doesn't waive any rights
- We reserve all defenses and counterclaims
- Additional remedies may be pursued
- Terms of Service still applies
No Legal Advice
This policy is for information only and doesn't constitute legal advice. Consult an attorney for specific situations.
Contact Information
DMCA Notices
Email: legal@myorbit.ai
Response: 24-48 hours acknowledgment
Counter-Notifications
Email: legal@myorbit.ai
Response: 2-3 business days
Repeat Infringer Reports
Email: legal@myorbit.ai
Response: Immediate investigation
General Copyright Questions
Email: legal@myorbit.ai
Response: 48-72 hours
Physical Mail
MyOrbit Legal Department
Attn: DMCA Agent
730 Moreno Ave
Palo Alto, CA 94303
United States
DMCA Notice Templates
DMCA Notice Template
To: legal@myorbit.ai Subject: DMCA Takedown Notice - [Your Name/Company] 1. IDENTIFICATION OF COPYRIGHTED WORK: [Describe your copyrighted work] 2. INFRINGING MATERIAL LOCATION: [Provide specific URLs] 3. CONTACT INFORMATION: Name: Address: Phone: Email: 4. STATEMENTS: I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 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. 5. SIGNATURE: /[Your Name]/ Date:
Counter-Notice Template
To: legal@myorbit.ai Subject: DMCA Counter-Notification - Case #[Number] 1. REMOVED CONTENT: Original URL: Case Number: Description: 2. STATEMENTS: I swear, under penalty of perjury, that 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 Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which MyOrbit may be found, and I will accept service of process from the person who provided the original DMCA notification or an agent of such person. 3. CONTACT INFORMATION: Name: Physical Address: Phone: Email: 4. SIGNATURE: /[Your Name]/ Date:
Version History
Version 1.0.0 - September 5, 2025 - Initial policy
Previous versions available on request via legal@myorbit.ai