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Legal

DMCA Copyright Policy

Ownership declaration, designated agent, and takedown procedure under 17 U.S.C. § 512

1. Ownership Declaration

Lunar Velvet Studio LLC (“Lunar Velvet,” “we,” “us,” or the “Studio”) is a Mississippi limited liability company (Business ID 1537943; EIN 98-1928251) engaged in the creation, production, and distribution of original audiovisual works, sound recordings, photographic works, written works, and other copyrightable subject matter (collectively, the “Studio Works”).

Lunar Velvet is the sole and exclusive owner of all right, title, and interest in and to the Studio Works, including without limitation all copyrights, neighboring rights, and rights of reproduction, distribution, public performance, public display, and preparation of derivative works, except where a Studio Work expressly identifies a third-party rights holder or co-owner. Each Studio Work is an original creative work fixed in a tangible medium of expression and is protected from the moment of fixation pursuant to 17 U.S.C. § 102(a) and the Berne Convention for the Protection of Literary and Artistic Works. Federal registration of copyright is not a prerequisite to ownership, to the validity of the copyright, or to the issuance of a takedown notice pursuant to 17 U.S.C. § 512(c).

2. Rights Chain

The chain of title for each Studio Work is documented internally through one or more of the following instruments: (i) work-for-hire agreements with employees and independent contractors executed prior to or contemporaneously with the creation of the work, satisfying the requirements of 17 U.S.C. § 101; (ii) written assignments of copyright executed by all contributing authors and recorded in the Studio’s rights register; (iii) exclusive licenses, where applicable, from third-party rights holders; and (iv) production master files retained with creation timestamps, version history, and cryptographic hashes where available. Documentation of the rights chain for any specific Studio Work is available to authorized verification personnel upon written request to the Designated Agent identified below.

3. Designated Agent for Notification of Claimed Infringement

Pursuant to 17 U.S.C. § 512(c)(2), Lunar Velvet has designated the following agent to receive notifications of claimed copyright infringement and counter-notifications:

Notices delivered to any address other than the addresses listed above may not receive a response. Notices that do not substantially comply with the requirements of 17 U.S.C. § 512(c)(3) may not be effective.

4. Notification of Claimed Infringement (Takedown Procedure)

If you are a copyright owner, or are authorized to act on behalf of one, and you believe that material made available by or through Lunar Velvet infringes your copyright, you may submit a written notification of claimed infringement to the Designated Agent. To be effective under 17 U.S.C. § 512(c)(3)(A), the notification must include substantially all of the following six elements:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (including, where possible, the URL of the allegedly infringing material);
  4. Information reasonably sufficient to permit Lunar Velvet to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  5. 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; and
  6. 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.

Please be advised that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees incurred by the alleged infringer or by Lunar Velvet.

5. Counter-Notification Procedure

If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification to the Designated Agent. To be effective under 17 U.S.C. § 512(g)(3), a counter-notification must include substantially all of the following:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has 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; and
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Upon receipt of a valid counter-notification, Lunar Velvet will provide a copy of the counter-notification to the original complaining party and will follow the procedures set forth in 17 U.S.C. § 512(g).

6. Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i)(1)(A), Lunar Velvet has adopted and reasonably implements a policy that provides for the termination, in appropriate circumstances, of accounts, access privileges, licenses, or relationships with users, customers, partners, vendors, syndication outlets, or other parties who are determined to be repeat infringers of copyright. A “repeat infringer” is any party against whom Lunar Velvet has received two or more substantiated notices of infringement, or who has otherwise demonstrated a pattern of conduct inconsistent with the lawful use of copyrighted material.

7. Good Faith Statement

Lunar Velvet Studio LLC affirms that any notification of claimed infringement issued by the Studio, by its Designated Agent, or by any authorized enforcement representative acting on the Studio’s behalf, is issued in good faith and on the basis of a reasonable belief, formed after due inquiry, that the use of the material complained of is not authorized by the copyright owner, its agent, or the law. The Studio further affirms that the information contained in any such notification is accurate to the best of the Studio’s knowledge, and that the Studio is the owner of, or is authorized to act on behalf of the owner of, an exclusive right in the work or works that are allegedly infringed. The Studio expressly authorizes its Designated Agent and any third-party enforcement representative engaged in writing by the Studio to issue takedown notifications under 17 U.S.C. § 512(c) on its behalf with respect to any Studio Work.

8. Reservation of Rights

Nothing in this policy constitutes a waiver of any right or remedy available to Lunar Velvet Studio LLC under the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Digital Millennium Copyright Act, the Lanham Act, the laws of the State of Mississippi, the laws of any other jurisdiction in which a Studio Work is exploited, or any applicable treaty, including the Berne Convention. All rights not expressly granted are reserved.

9. Contact

For licensing inquiries, permissions requests, rights chain verification, or any other copyright-related matter, please contact our legal team at legal@lunarvelvetstudio.com.