DMCA Policy – Australian Memoirs™
Last updated: 2 July 2025
This Digital Millennium Copyright Act (DMCA) Policy establishes the procedures for reporting and responding to copyright infringement claims on the Australian Memoirs™ platform, operated by New Quiet Empire Pty Ltd (ABN [Insert ABN]). While Australian Memoirs™ operates under Australian law, we recognize and comply with international copyright protection standards including the DMCA framework for the benefit of our global user community.
Copyright Protection and Respect
Our Commitment to Copyright Holders: Australian Memoirs™ respects the intellectual property rights of others and expects our users to do the same. We are committed to:
- Protecting Original Works: Safeguarding the rights of authors, photographers, artists, and other creators
- Preventing Infringement: Implementing systems and procedures to prevent copyright violations on our platform
- Prompt Response: Responding quickly and fairly to legitimate copyright infringement claims
- User Education: Educating our memoir writing community about copyright law and fair use principles
- Legal Compliance: Maintaining compliance with Australian copyright law and international copyright protection standards
Copyright Infringement Reporting Process
Submitting a DMCA Takedown Notice: If you believe that your copyrighted work has been used on Australian Memoirs™ without permission, you may submit a takedown notice containing the following information:
Required Information for Valid DMCA Notice:
1. Copyright Owner Identification:
- Your full legal name and contact information (address, phone number, email)
- If acting as an agent, provide authorization to act on behalf of the copyright owner
- Electronic or physical signature of the copyright owner or authorized agent
2. Copyrighted Work Identification:
- Clear identification of the copyrighted work(s) claimed to be infringed
- If multiple works are involved, provide a representative list of the works
- Copyright registration number (if available) or other proof of copyright ownership
- Original source or publication information for the copyrighted work
3. Infringing Material Location:
- Specific identification of the infringing material on our platform
- Direct URLs or platform locations where the infringing material appears
- Detailed description sufficient for us to locate the material
- Screenshots or other evidence of the infringement (if helpful)
4. Good Faith Statement:
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, agent, or law
- Confirmation that you have made reasonable efforts to contact the user before filing the notice (where applicable)
5. Accuracy and Authorization Statement:
- A statement that the information in the notice is accurate
- A statement under penalty of perjury that you are authorized to act on behalf of the copyright owner
- Acknowledgment that false claims may result in liability for damages
Submitting Your DMCA Notice: Send your complete DMCA takedown notice to:
DMCA Designated Agent: Email: dmca@australianmemoirs.com.au Subject Line: “DMCA Takedown Notice – [Brief Description]” Postal Address: DMCA Agent New Quiet Empire Pty Ltd PO Box 387, Morayfield, QLD 4506, Australia
Processing Timeline:
- Acknowledgment: Receipt confirmed within 24 hours
- Review: Notice reviewed within 3-5 business days
- Action: Appropriate action taken within 7 business days of valid notice
Our Response to Valid DMCA Notices
Takedown Procedures: Upon receiving a valid DMCA notice, we will:
Immediate Actions:
- Content Removal: Promptly remove or disable access to the allegedly infringing material
- User Notification: Notify the user who posted the content about the takedown notice
- Documentation: Maintain records of the takedown notice and our response
- Account Review: Review the user’s account for repeat infringement patterns
Investigation Process:
- Notice Validation: Verify that the takedown notice meets all required elements
- Content Analysis: Review the allegedly infringing content and compare to the claimed work
- Fair Use Assessment: Consider potential fair use or other legal defenses where applicable
- User Response: Provide opportunity for user to respond with counter-notice if appropriate
Communication with Parties:
- Copyright Holder Updates: Provide status updates on the takedown process
- User Explanation: Explain the takedown process and user’s rights including counter-notification
- Resolution Communication: Confirm completion of takedown actions to all parties
- Appeal Information: Provide information about counter-notification and appeal processes
Counter-Notification Process
User Rights and Counter-Notices: If you believe your content was removed due to a mistake or misidentification, you may submit a counter-notification:
Required Counter-Notice Information:
1. User Identification:
- Your full legal name, address, phone number, and email address
- Electronic or physical signature
- Username and account information on Australian Memoirs™
2. Content Identification:
- Identification of the material that was removed or disabled
- Location where the material appeared before removal
- Copy or description of the removed content
3. Good Faith Statement:
- Statement under penalty of perjury that you have a good faith belief that the material was removed due to mistake or misidentification
- Explanation of why you believe the removal was incorrect (fair use, permission, original work, etc.)
4. Legal Consent:
- Statement that you consent to jurisdiction of Australian courts
- Agreement to accept service of process from the person who provided the original takedown notice
Counter-Notice Submission: Email: dmca-counter@australianmemoirs.com.au Subject Line: “DMCA Counter-Notice – [Brief Description]”
Counter-Notice Review Process:
- Receipt Confirmation: Counter-notice acknowledged within 24 hours
- Validity Review: Counter-notice reviewed for completeness and validity
- Original Complainant Notification: Copy of counter-notice sent to original complainant
- Waiting Period: 10-14 business day waiting period for complainant response
- Restoration Decision: Content may be restored if no court action is filed
Repeat Infringer Policy
Account Monitoring and Enforcement: Australian Memoirs™ maintains a strict policy regarding repeat copyright infringers:
Infringement Tracking:
- Violation Records: Comprehensive records maintained of all copyright infringement notices and takedowns
- User History: Tracking of multiple infringement claims against individual user accounts
- Pattern Analysis: Analysis of user behavior patterns to identify repeat infringers
- Warning System: Progressive warning system for users with multiple infringement claims
Account Actions for Repeat Infringers:
- First Violation: Warning notice and copyright education resources
- Second Violation: Temporary account suspension and mandatory copyright training
- Third Violation: Extended account suspension and content review
- Continued Violations: Permanent account termination and content removal
Due Process Protections:
- Notice and Opportunity: Users provided notice and opportunity to respond to infringement claims
- Appeal Process: Formal appeal process for disputed infringement determinations
- False Claim Protection: Protection against malicious or false copyright claims
- Account Restoration: Procedures for account restoration upon successful appeal
Fair Use and Educational Guidelines
Understanding Fair Use: Australian Memoirs™ recognizes that certain uses of copyrighted material may be protected under fair use principles:
Fair Use Considerations:
- Purpose and Character: Commentary, criticism, parody, or transformative use
- Nature of Work: Factual vs. creative works, published vs. unpublished
- Amount Used: Proportion of the work used relative to the whole
- Market Impact: Effect on the market for or value of the original work
Memoir-Specific Fair Use:
- Historical Documentation: Use of historical photographs or documents for family history
- Brief Quotations: Short quotes from books, articles, or other sources with proper attribution
- Family Photos: Use of family photographs with appropriate family member consent
- Cultural Heritage: Documentation of cultural traditions and family heritage
Best Practices for Users:
- Original Content: Create original memoir content whenever possible
- Proper Attribution: Always attribute sources and provide proper citations
- Permission Seeking: Obtain permission for use of third-party content when possible
- Fair Use Analysis: Consider fair use factors before using copyrighted material
- Professional Advice: Seek legal advice for complex copyright questions
International Copyright Compliance
Global Copyright Recognition: While operated under Australian law, Australian Memoirs™ respects international copyright protections:
International Framework Compliance:
- Berne Convention: Recognition of copyright protection in Berne Convention countries
- WIPO Treaties: Compliance with World Intellectual Property Organization standards
- Bilateral Agreements: Respect for copyright under international bilateral agreements
- Local Law Recognition: Recognition of copyright laws in users’ home countries
Cross-Border Enforcement:
- International Notices: Processing of copyright notices from international copyright holders
- Foreign Law Consideration: Consideration of foreign copyright laws where applicable
- Mutual Recognition: Recognition of foreign court orders and legal proceedings
- Diplomatic Cooperation: Cooperation with international copyright enforcement efforts
Safe Harbor Provisions and Platform Protection
Service Provider Protections: Australian Memoirs™ qualifies for safe harbor protections under applicable copyright laws:
Qualifying Conditions:
- No Actual Knowledge: No actual knowledge of specific infringing activity
- No Financial Benefit: No direct financial benefit from infringing activity
- Expeditious Removal: Prompt removal of infringing content upon notice
- Repeat Infringer Policy: Implementation and enforcement of repeat infringer policy
Platform Responsibilities:
- Notice and Takedown: Maintaining effective notice and takedown procedures
- User Education: Providing copyright education and resources to users
- Technology Measures: Implementing reasonable technological measures to prevent infringement
- Legal Cooperation: Cooperating with law enforcement and copyright holders in enforcement efforts
User Rights and Protections
Balancing Rights and Protections: Our DMCA policy balances copyright protection with user rights and free expression:
User Protections:
- Due Process: Fair procedures for responding to copyright claims
- Counter-Notice Rights: Ability to challenge incorrect or abusive takedown notices
- Appeal Process: Formal appeal procedures for disputed copyright determinations
- False Claim Protection: Protection against malicious or fraudulent copyright claims
Platform Transparency:
- Clear Procedures: Transparent procedures for copyright reporting and response
- Regular Updates: Regular updates to users about copyright policy and procedures
- Education Resources: Educational materials about copyright law and user rights
- Support Availability: Customer support assistance for copyright-related questions
Enforcement and Legal Action
Copyright Infringement Consequences: Users who engage in copyright infringement may face serious consequences:
Platform Actions:
- Content Removal: Immediate removal of infringing content
- Account Suspension: Temporary or permanent account suspension
- Service Termination: Termination of access to all platform services
- Legal Reporting: Reporting of serious infringement to law enforcement
Legal Consequences:
- Civil Liability: Potential civil lawsuits by copyright holders
- Monetary Damages: Liability for actual damages and profits
- Statutory Damages: Statutory damages up to $150,000 per work (where applicable)
- Injunctive Relief: Court orders prohibiting further infringement
- Criminal Penalties: Potential criminal prosecution for willful infringement
Contact Information and Support
DMCA-Related Contacts: For all copyright-related matters and DMCA notices:
Primary DMCA Contact: DMCA Agent: dmca@australianmemoirs.com.au Counter-Notices: dmca-counter@australianmemoirs.com.au Copyright Questions: copyright@australianmemoirs.com.au
Legal and Compliance: Legal Department: legal@australianmemoirs.com.au General Inquiries: enquiries@australianmemoirs.com.au
Mailing Address: DMCA Designated Agent New Quiet Empire Pty Ltd PO Box 387, Morayfield, QLD 4506, Australia
Response Commitments:
- DMCA Notices: Acknowledged within 24 hours, processed within 7 business days
- Counter-Notices: Acknowledged within 24 hours, reviewed within 10 business days
- General Questions: Copyright questions answered within 3 business days
- Legal Matters: Complex legal issues addressed within 5 business days
Policy Updates and Changes
Policy Modification Framework: This DMCA Policy may be updated to reflect changes in law, technology, or best practices:
Update Considerations:
- Legal Changes: Updates to copyright law, DMCA procedures, or international agreements
- Technology Evolution: Changes in platform technology or content management systems
- Best Practices: Adoption of improved industry best practices for copyright protection
- User Feedback: Improvements based on user feedback and community input
Change Notification:
- Advance Notice: 30-day notice for material policy changes
- Website Publication: Updated policy published on website with clear version dating
- User Communication: Email notification to active users for significant changes
- Legal Integration: Coordination with other platform policies and legal documents
Final Notice and Compliance Commitment
Copyright Respect Commitment: Australian Memoirs™ is committed to respecting copyright law and protecting the rights of creators while providing an innovative platform for memoir writing and family storytelling.
User Responsibility: All users are responsible for ensuring their content respects copyright law and the intellectual property rights of others. When in doubt, seek permission or legal advice.
Community Standards: By maintaining high standards of copyright compliance, we protect our community of memoir writers and ensure the platform remains a safe, legal, and creative space for sharing family stories and personal histories.
Legal Effectiveness: This DMCA Policy is legally binding and enforceable, providing clear procedures for copyright protection while preserving user rights and platform integrity.
Last Updated: 2 July 2025
Document Version: 1.0
Next Review Date: January 2026
Legal Jurisdiction: Queensland, Australia
Important Notice: Copyright infringement is a serious legal matter. This policy provides clear procedures for reporting and addressing copyright violations while protecting the rights of all parties involved.