This is a v1 draft prepared for counsel review. The procedural steps below reflect 17 U.S.C. § 512(c) and current Copyright Office guidance. The designated agent will be registered with the U.S. Copyright Office before public launch; the contact information below is provisional pending registration.
§1 Scope
This procedure governs notices of claimed copyright infringement under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. HBR responds to properly-formatted notices alleging that copyrighted material has been uploaded or distributed through the Services without authorization.
This procedure does not apply to: (a) defamation or false-statement claims (see AUP §9), (b) trademark disputes (separate process), (c) privacy or right-of-publicity claims (see Privacy Policy), or (d) requests to remove content because the requestor disagrees with it.
§2 Designated agent
HBR's DMCA designated agent will be registered with the U.S. Copyright Office prior to public launch. Notices may be sent to:
- Email:
[email protected](TBC at launch) - Mail: Address to be confirmed.
Email is the fastest channel. Mailed notices are acted upon from the date of receipt.
§3 How to submit a takedown notice
A valid DMCA notice under § 512(c)(3) must include all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple works are claimed at a single online site, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit HBR to locate the material (a URL is required).
- Information reasonably sufficient to permit HBR to contact the complaining party — including address, telephone number, and email.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Incomplete notices may be returned for completion. Complete notices are acted upon as described in §4.
§4 How we process notices
- Receipt acknowledged — automated reply within 24 hours.
- Initial assessment — within 2 business days; we verify the notice is facially complete.
- Action on facially-complete notices — material is removed or access is disabled within 2 business days of validation.
- Notice to the user — the user who uploaded the material is notified, provided a copy of the notice (with personal information redacted where appropriate), and informed of their right to file a counter-notification.
- Documentation — every action is logged with timestamp, reviewer, and outcome, retained 7 years.
§5 Counter-notification
If your material was removed and you believe it was removed in error or as a result of misidentification, you may file a counter-notification under § 512(g). A valid counter-notification must include:
- Your physical or electronic signature.
- Identification of the material that has been removed and its location before removal (URL).
- A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or, if outside the U.S., to the federal district court for the Northern District of California), and that you will accept service of process from the person who provided the original notice or their agent.
Upon receipt of a valid counter-notification, HBR will: (a) provide a copy to the original complainant, (b) inform the complainant that the material will be restored within 10–14 business days unless the complainant notifies HBR that a court action has been filed seeking a restraining order, and (c) restore the material accordingly unless such notice is received.
§6 Repeat-infringer policy
HBR will terminate, in appropriate circumstances, accounts of users who are repeat infringers. "Repeat infringer" is assessed based on the totality of circumstances, including: number of DMCA takedowns sustained against the user, severity of infringement, whether the user filed counter-notifications, and whether court orders have issued. As a general baseline, three sustained takedowns within a 12-month period will result in account suspension; ongoing infringement will result in termination.
§7 False or abusive notices
Under § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.
HBR reserves the right to refer abusive notices to the registered agent service responsible for receipt, to counsel, and to pursue § 512(f) remedies on behalf of affected users where appropriate.
Notices submitted in bad faith — for example, to suppress lawful homeowner reviews or builder responses dressed up as copyright claims — will not be processed and may result in further action.