DMCA Policy
Effective Date: January 1, 2026 | Last Updated: January 1, 2026
1. Introduction
BugSell 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 will respond expeditiously to claims of copyright infringement on our Platform.
This policy outlines:
- How to file a DMCA takedown notice
- How to file a DMCA counter-notice
- Our repeat infringer policy
- Contact information for copyright matters
Note: This policy applies to copyright infringement only. For other intellectual property issues (trademarks, patents, trade secrets), see our Intellectual Property Policy.
2. DMCA Takedown Notice
If you believe that content on BugSell infringes your copyright, you may submit a DMCA takedown notice to our designated Copyright Agent.
2.1 Requirements for Valid Notice
To be effective, your DMCA notice must include all of the following information:
1. Identification of Copyrighted Work
Identify the copyrighted work you claim has been infringed. If multiple works are covered by a single notification, provide a representative list.
Examples:
- "My photograph titled '[Title]' published on [Date]"
- "My written article '[Title]' published at [URL]"
- "My original artwork '[Title]' created in [Year]"
2. Identification of Infringing Material
Identify the material on BugSell that you claim is infringing and provide sufficient information for us to locate it.
Required Information:
- Direct URL(s) to the infringing content
- Product listing ID or shop name
- Screenshot or description of where the content appears
- Specific pages or sections containing the infringement
Example:
- "The product listing at https://bugsell.com/product/[product-id] uses my copyrighted image without permission"
3. Your Contact Information
Provide your contact information so we can reach you:
Required:
- Full legal name (individual or company)
- Mailing address
- Telephone number
- Email address
4. 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."
5. Accuracy 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."
6. Physical or Electronic Signature
Provide your physical or electronic signature:
- Handwritten signature on mailed notice
- Typed name on emailed notice (e.g., "/s/ John Doe")
- Digital signature
2.2 Submitting Your Notice
Email (Preferred):
dmca@bugsell.com
Subject: "DMCA Takedown Notice"
Mail:
BugSell DMCA Agent
[Address Line 1]
[Address Line 2]
[City, State ZIP]
[Country]
Important:
- Send notices only to the designated Copyright Agent
- Notices sent to other addresses may not be processed
- Include all required information for faster processing
2.3 What Happens Next
Upon receiving a valid DMCA notice, we will:
1. Review the Notice (1-2 business days)
- Verify all required elements are included
- Confirm the notice is properly formatted
2. Remove or Disable Access (Expeditiously)
- Remove the allegedly infringing content
- Disable access to the product listing or material
- Typically within 24-48 hours of receiving valid notice
3. Notify the User
- Send notice to the user who posted the content
- Provide a copy of your DMCA notice
- Inform them of their right to file a counter-notice
4. Document the Claim
- Maintain records of the takedown
- Track repeat infringers
- Comply with legal requirements
2.4 Misrepresentation Warning
18 U.S.C. § 512(f) provides that:
"Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages."
Consequences of False Claims:
- Legal liability for damages
- Attorney's fees and costs
- Potential criminal penalties
- Account termination
Before Filing:
- Ensure you own or control the copyright
- Verify the content is actually infringing
- Consider fair use and other defenses
- Consult an attorney if unsure
3. DMCA Counter-Notice
If your content was removed due to a DMCA notice and you believe the removal was mistaken or the content is not infringing, you may file a counter-notice.
3.1 Requirements for Valid Counter-Notice
Your counter-notice must include all of the following:
1. Identification of Removed Material
Identify the material that was removed and where it appeared before removal:
Required:
- Description of the material
- URL or location where it appeared
- Product listing ID or reference number (if provided in removal notice)
2. Your Contact Information
Provide your contact information:
Required:
- Full legal name
- Physical address
- Telephone number
- Email address
3. Consent to Jurisdiction
Include the following statement:
"I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or [Your Jurisdiction] if my address is outside the United States), and I will accept service of process from the person who provided the DMCA notification or an agent of such person."
4. Good Faith Statement
Include the following statement:
"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."
5. Physical or Electronic Signature
Provide your physical or electronic signature:
- Handwritten signature on mailed counter-notice
- Typed name on emailed counter-notice
- Digital signature
3.2 Submitting Your Counter-Notice
Email (Preferred):
dmca@bugsell.com
Subject: "DMCA Counter-Notice"
Mail:
BugSell DMCA Agent
[Address Line 1]
[Address Line 2]
[City, State ZIP]
[Country]
3.3 What Happens Next
Upon receiving a valid counter-notice:
1. Review Counter-Notice (1-2 business days)
- Verify all required elements are included
- Confirm proper formatting
2. Forward to Original Complainant (Promptly)
- Send copy of counter-notice to person who filed original DMCA notice
- Inform them of our intent to restore content
3. Wait Period (10-14 business days)
- Allow complainant time to file legal action
- If they file suit, content remains down
- If no suit filed, we may restore content
4. Restore Content (If No Legal Action)
- Reinstate the removed material
- Restore product listing or content
- Notify you of restoration
Important:
- Filing a counter-notice does not guarantee restoration
- The original complainant may file a lawsuit
- You may be subject to legal action
- Consult an attorney before filing
3.4 Misrepresentation Warning
Filing a false counter-notice may result in:
- Legal liability for damages
- Attorney's fees and costs
- Account termination
- Criminal penalties
4. Repeat Infringer Policy
BugSell has adopted and implemented a policy for terminating accounts of users who are repeat copyright infringers.
4.1 Three Strikes Policy
First Strike:
- Content removed
- Warning issued
- Educational resources provided
Second Strike:
- Content removed
- Account suspended for 7-30 days
- Final warning issued
Third Strike:
- Account permanently terminated
- All content removed
- No refunds for active subscriptions or fees
4.2 Determining Repeat Infringement
We consider the following factors:
- Number of valid DMCA notices received
- Severity and nature of infringement
- User's response to notices
- Whether user filed counter-notices
- Whether content was restored after counter-notice
4.3 Appeals
If your account is terminated for repeat infringement, you may appeal by:
- Emailing legal@bugsell.com
- Providing evidence that notices were invalid
- Demonstrating compliance with copyright law
We will review appeals but are not obligated to reinstate accounts.
5. Fair Use and Other Defenses
Before filing a DMCA notice, consider whether the use may be protected:
5.1 Fair Use
Under U.S. copyright law, certain uses of copyrighted material may be considered "fair use" and not infringing. Factors include:
Purpose and Character:
- Transformative use (commentary, criticism, parody)
- Non-commercial vs. commercial use
- Educational purposes
Nature of Work:
- Published vs. unpublished
- Factual vs. creative
Amount Used:
- How much of the work was used
- Whether the "heart" of the work was taken
Market Effect:
- Impact on the market for the original work
- Potential licensing opportunities
Note: Fair use is determined on a case-by-case basis. Consult an attorney for guidance.
5.2 Other Defenses
License or Permission:
- User may have obtained a license
- Permission may have been granted
Public Domain:
- Work may be in the public domain
- Copyright may have expired
De Minimis Use:
- Use may be too trivial to constitute infringement
First Sale Doctrine:
- Resale of lawfully purchased physical copies
6. Trademark and Other IP Issues
This DMCA policy applies to copyright infringement only.
For other intellectual property issues:
Trademarks:
- See our Intellectual Property Policy
- Email: ip@bugsell.com
Patents:
- Email: legal@bugsell.com
Trade Secrets:
- Email: legal@bugsell.com
Right of Publicity:
- Email: legal@bugsell.com
7. International Copyright
BugSell operates globally and respects international copyright laws.
International Users:
- DMCA applies to U.S. copyright law
- We also respect copyright laws of other countries
- Provide information about your country's copyright registration if applicable
International Notices:
- May be filed under DMCA or equivalent laws
- Include information about applicable law
- Provide English translation if notice is in another language
8. Educational Resources
We encourage users to understand copyright law:
Resources:
BugSell Resources:
9. Modifications to This Policy
We may update this DMCA Policy to reflect:
- Changes in law or legal requirements
- Platform updates or new features
- Best practices and user feedback
Notification:
- Updated "Last Updated" date
- Email notification for material changes
- Prominent notice on Platform
10. Contact Information
Designated Copyright Agent
Email: dmca@bugsell.com
Subject: "DMCA Notice" or "DMCA Counter-Notice"
Mail:
BugSell DMCA Agent
[Address Line 1]
[Address Line 2]
[City, State ZIP]
[Country]
Other Copyright Inquiries
General IP Questions:
Email: ip@bugsell.com
Legal Department:
Email: legal@bugsell.com
Help Center:
https://bugsell.com/help
DMCA Notice Template
To: BugSell DMCA Agent (dmca@bugsell.com)
I, [Your Full Name], hereby submit this DMCA takedown notice:
1. COPYRIGHTED WORK:
[Describe your copyrighted work]
2. INFRINGING MATERIAL:
[Provide URL(s) and description of infringing content on BugSell]
3. CONTACT INFORMATION:
Name: [Your Full Name]
Address: [Your Full Address]
Phone: [Your Phone Number]
Email: [Your Email]
4. GOOD FAITH 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.
5. ACCURACY 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:
/s/ [Your Name]
Date: [Date]
This DMCA Policy is designed to comply with 17 U.S.C. § 512 and protect the rights of copyright owners while respecting the rights of users.
Last Updated: January 1, 2026
Effective Date: January 1, 2026