{"id":22199,"date":"2015-09-09T13:02:18","date_gmt":"2015-09-09T13:02:18","guid":{"rendered":"http:\/\/www.shapeways.com\/blog\/?p=22199"},"modified":"2017-04-17T12:09:20","modified_gmt":"2017-04-17T16:09:20","slug":"how-do-ip-takedowns-work-at-shapeways","status":"publish","type":"post","link":"https:\/\/www.shapeways.com\/blog\/how-do-ip-takedowns-work-at-shapeways","title":{"rendered":"How do IP Takedowns Work at Shapeways?"},"content":{"rendered":"

This is the third in a series of post<\/a>s about different types of rights that could be involved with models and files here at Shapeways. \u00a0Today we’re talking about disputes over ownership.<\/p>\n

There are two obvious alternative headlines for this blog post: \u201cSomeone is using my IP on Shapeways without permission \u2013 what should I do?\u201d and \u201cSomeone just accused me of using their IP without permission \u2013 what should I do?\u201d\u00a0 The short, and correct, answer to both of these questions is \u201cFind instructions about what to do in our content policy<\/a>.\u201d\u00a0 After all, our content policy is the definitive document that explains how we handle all IP-related (that\u2019s intellectual property-related \u2013 think copyright, trademark, and patent) takedown notices.\u00a0 However, sometimes it is helpful to walk through the IP takedown process in a slightly less formal way.\u00a0 That\u2019s what this blog post is all about.\u00a0 It will explain all of the steps of our process and, hopefully, give you a better sense of how it all fits together.\u00a0 Large parts of this process are governed by the \u201cnotice and takedown\u201d process created in the United States by the Digital Millennium Copyright Act (often known by its abbreviation the DMCA)<\/a>.<\/p>\n

Let\u2019s start with Abbas.<\/p>\n

\"11228208034_b5f9d79dc1_h\"<\/p>\n

Abbas creates models of mammoths based on field sketches he likes to make while traveling in his time machine.\u00a0 Here\u2019s one of his sketches that he eventually turned into a 3D model:<\/p>\n

\"11307137526_ea1b5bee00_h\"<\/p>\n

You might wonder why there are typed words around his sketches or what impact time travel has on copyright status.\u00a0 Let\u2019s just agree to put those questions aside for the duration of this blog post.\u00a0 For the purposes of this post, at the moment you are reading these words Abbas has a valid copyright in his model of a mammoth.<\/p>\n

One day Abbas is checking out the great models on Shapeways and discovers Eulice\u2019s shop.<\/p>\n

\"11158937956_b3354e581d_k\"<\/p>\n

Abbas sees a model of a mammoth that he thinks looks familiar and believes that Eulice is infringing on his rights.\u00a0 He wants Eulice\u2019s model taken down.<\/p>\n

Takedown Notice<\/h1>\n

\"11228208034_b5f9d79dc1_h\"<\/p>\n

Abbas\u2019 first step is the Shapeways content policy<\/a>.\u00a0 The content policy first urges Abbas to reach out to Eulice directly to talk about his concern.\u00a0 This isn\u2019t a legal requirement, but it is often a good idea.\u00a0 Many disputes of this type are resolved without taking any formal legal steps, something that is often better for both parties.<\/p>\n

Abbas\u2019 next step, if he decides not to contact Eulice, Eulice doesn\u2019t respond to his note, or Eulice\u2019s response to his note is inadequate, is to file a formal takedown request.\u00a0 This takedown request, sometimes also known as a DMCA takedown notice, is an official legal request to take down Eulice\u2019s model on Shapeways.<\/p>\n

That has a few implications for Abbas. First, as with any formal legal action, Abbas should be sure that he understands what he asserting in his request.\u00a0 That may require talking to a lawyer to make sure that he fully understands the elements of copyright infringement.\u00a0 As detailed on the content policy page<\/a>, a formal takedown request must include some required elements.\u00a0 The request must specifically identify what Abbas wants to be taken down.\u00a0 In this case, that is probably going to be the Shapeways URL for Eulice\u2019s model.\u00a0 If Abbas\u2019 notice simply says \u201cthere is a mammoth somewhere on Shapeways that I believe infringes on my copyright,\u201d the notice will be sent back to him.<\/p>\n

The other important element of the takedown notice is a statement by Abbas that he has a good faith believe that Eulice\u2019s model infringes on his right.\u00a0 He needs to sign this statement and attest, under penalty of perjury, that it is correct.\u00a0 This requirement is intended to create a cost for sending frivolous or baseless takedown requests that get sent to Shapeways.\u00a0 Once completed, he sends his notice to service@shapeways.com<\/a>.<\/p>\n

Shapeways Trust and Safety<\/h1>\n

\"2162732783_ab17196d2b_o\"<\/p>\n

The first people to see Abbas\u2019 notice are on the Shapeways Trust and Safety (T&S) team.\u00a0 T&S\u2019s role in this process is defined by the notice and takedown process created by the Digital Millennium Copyright Act (DMCA)<\/a>.\u00a0 The T&S team has essentially two roles in this process.\u00a0 The first is to make sure that everyone who submits formal requests complies with the rules.\u00a0 That means making sure that takedown requests are signed and that they include all of the information needed to identify the allegedly infringing model.\u00a0 The second is to act as an intermediary, transmitting information between Abbas and Eulice.<\/p>\n

It is important to understand what role T&S does not have.\u00a0 T&S are not copyright judges.\u00a0 As long as Abbas makes his request correctly \u2013 and remember, that includes his promise under penalty of perjury that he has a good faith belief that the person he is accusing of infringement is actually infringing on his rights \u2013 T&S does not look into the merits of the accusation. On balance that is a good thing.\u00a0 Copyright law can be complicated, and it is probably bad policy to deputize every website on the internet as its own tiny copyright court.<\/p>\n

Once T&S has confirmed that Abbas\u2019 complaint includes all of the information that Shapeways requires, they take down Eulice\u2019s model.\u00a0 This is part of the reason that it is so important that Abbas be sure that his takedown request is aimed at the right model \u2013 it has swift, significant consequences.\u00a0 As it takes down the model, T&S tells Eulice that her model was taken down because of a request from Abbas.<\/p>\n

Eulice’s Turn<\/h1>\n

\"11158937956_b3354e581d_k\"<\/p>\n

Once Eulice gets word that her model was taken down, she has some decisions to make.\u00a0 If, upon further reflection, she decides that her model does infringe upon Abbas\u2019 work, she can decide to do nothing.\u00a0 Her infringing model will stay down unless she takes steps to put it back up.\u00a0 Eulice not responding to the notice pretty much ends the process.<\/p>\n

However, she might decide that Abbas was wrong to take down her model.\u00a0 There could be a number of reasons for this.\u00a0 Eulice may be making fair use of Abbas\u2019 model.\u00a0 Abbas may have misidentified Eulice\u2019s model as infringing.\u00a0 Eulice may have a license from Abbas.\u00a0 As was the case for Abbas, it might make sense for Eulice to talk to a lawyer to help her fully understand the merits of Abbas\u2019 claim.<\/p>\n

Regardless of the specific reason, Eulice may decide to challenge Abbas\u2019 takedown.\u00a0 She goes back to the content policy<\/a> to find out how.<\/p>\n

Perhaps not surprisingly, the process is very similar to the one Abbas used to send his original notice.\u00a0 Eulice needs to file a formal legal request to put her model back up.\u00a0 It needs to identify what was taken down and swear, under penalty of perjury, that she has a good faith belief that Abbas\u2019 takedown request was improper.\u00a0 Once she is comfortable with her response (often called a \u2018counter notice\u2019), Eulice sends it back to Shapeways.<\/p>\n

Back to T&S<\/h1>\n

\"2162732783_ab17196d2b_o\"<\/p>\n

T&S does not immediately return Eulice\u2019s model to her shop.\u00a0 In fact, T&S is required by law to wait for 10-14 days to put the model back up.\u00a0 That\u2019s because as soon as T&S has verified that Eulice\u2019s response includes all of the required elements, they alert Abbas that Eulice is contesting the takedown request.\u00a0 Remember, just as with Abbas\u2019 original takedown request, T&S does not evaluate Eulice\u2019s response on the merits of her arguments.\u00a0 As long as it includes all of the required elements T&S will comply with it.\u00a0 With that, it is time for Abbas to make some decisions.<\/p>\n

Abbas’ Choice<\/h1>\n

\"11228208034_b5f9d79dc1_h\"<\/p>\n

When he investigates Eulice\u2019s response, Abbas may decide that she is right and that his takedown request was improper.\u00a0 At that point, Abbas can decide to do nothing.\u00a0 If he does nothing then Eulice\u2019s model goes back up and nothing else really happens.<\/p>\n

However, Abbas may decide that his takedown notice was correct and that he really does believe that Eulice is infringing on his rights.\u00a0 If so, the clock is ticking.\u00a0 Eulice\u2019s model will go back up on Shapeways in 10-14 days unless he decides to take steps to intervene.\u00a0 If he wants to keep Eulice\u2019s model off Shapeways, Abbas needs to bring a formal lawsuit against her in a court in the United States.\u00a0 That lawsuit may include a request that a judge require Shapeways to keep the model down. If Abbas brings the suit and the judge grants his request, he can send the order to Shapeways.\u00a0 Once received, T&S will keep the model down until the court order expires.\u00a0 That could mean that Eulice won the suit and gets to keep her model up.\u00a0 Or that Abbas won the suit and the court order is replaced by a permanent injunction.<\/p>\n

The Bigger Picture<\/h1>\n

\"2162940841_7463a62f1c_o\"<\/p>\n

Shapeways IP disputes rarely evolve into full blown lawsuits.\u00a0 As you can see, there are many places where people can decide to resolve their dispute informally or to decide to abandon the dispute entirely.\u00a0 This is probably a healthy thing \u2013 the formal legal system is important, but it isn\u2019t always the best place to resolve every dispute. That being said, it can be good to know that there are formal legal options available when you need them.<\/p>\n

If you have made it this far into the post, there are two final things that are worth keeping in mind.\u00a0 First, you might be wondering what would happen if someone decided to abuse this system and either chronically upload models that infringe on someone else\u2019s IP or chronically submit takedown requests that did not have a firm basis in fact.<\/p>\n

In the first case, we do have a repeat infringer policy.\u00a0 If a user is subject to a significant number of takedown notices (that are not ultimately invalidated), we will kick them off Shapeways.<\/p>\n

In the second case, the same law that creates this notice and takedown process also imposes penalties for abusing it (that\u2019s why it is so important that someone sending a takedown notice swear under oath that the facts in the notice are true).\u00a0\u00a0\u00a0 We have the ability to cooperate with anyone who thinks that takedown notices are being used improperly against them.<\/p>\n

Second, it is worth remembering the role of Shapeways and the Shapeways T&S team in all of this. As you can see from this post, Shapeways is not in a position to resolve specific disputes about infringement or even to evaluate the claims of either side.\u00a0 As long as both sides comply with the rules, our job is to assume everyone is telling the truth and comply with their request.\u00a0 It is the role of courts, not private websites like Shapeways, to decide individual infringement disputes.\u00a0 That doesn\u2019t mean that we can\u2019t be skeptical of claims being made to us. But if the person making those claims is willing to do so under oath, in most cases we will give them the benefit of the doubt.<\/p>\n

_________________________________________________<\/p>\n

Just in case you are curious, all of the images here come from the flickr feeds of the <\/i>British Library<\/i><\/a> and the <\/i>Library of Congress<\/i><\/a>.\u00a0 Specifically, the British Library\u2019s <\/i>Highlights<\/i><\/a> and <\/i>Portraits<\/i><\/a> albums and the Library of Congress\u2019 <\/i>News in the 1910s<\/i><\/a> album.\u00a0 These albums are created by scanning public domain works in the Libraries\u2019 respective collections and are fantastic resources.\u00a0 You should do yourself a favor and spend a little time with them.\u00a0 I mean, look at these <\/i>100 year old color photos from the Russian Empire<\/i><\/a>!\u00a0 No larger political commentary is meant by their use \u2013 I have no idea who the subjects of any of them are.\u00a0 If you do I\u2019d love to know so please let me know in the comments.\u00a0<\/i><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

This is the third in a series of posts about different types of rights that could be involved with models…<\/p>\n","protected":false},"author":73,"featured_media":22208,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[489],"tags":[],"class_list":["post-22199","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-products-and-design"],"thumbnail":"https:\/\/www.shapeways.com\/blog\/wp-content\/uploads\/2015\/09\/11307137526_ea1b5bee00_hresize-625x439.jpg","yoast_head":"\nHow do IP Takedowns Work at Shapeways? - Shapeways Blog<\/title>\n<meta name=\"description\" content=\"This is the third in a series of posts about different types of rights that could be involved with models and files here at Shapeways. \u00a0Today we're\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link 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