Cutvey LLC respects copyright, and so must everyone who uses Cutvey. This policy explains how to tell us about material on Cutvey that you believe infringes your copyright or is otherwise illegal, how someone whose material was removed can respond, and what happens to people who infringe repeatedly.
Section 2 sets out the United States notice and takedown procedure under the Digital Millennium Copyright Act, 17 U.S.C. section 512. Section 2A is the route for everyone else, and you never have to use the US process if it does not suit you.
Cutvey hosts material at its customers' direction. Under section 512 of the United States Copyright Act and Article 6 of Regulation (EU) 2022/2065 we are not liable for material our customers store, provided we act on notices as this policy describes. We are not required to monitor Cutvey generally, and Article 8 of that Regulation says we cannot be made to.
Important context. Most material on Cutvey sits inside a private workspace belonging to a production company, or behind a private link that the company sent to a specific client or crew member. It is not public and not indexed. If you have found infringing material through a link someone gave you, tell us where you got the link, because that helps us act quickly.
Please consider two things first.
Is it actually infringing? Fair use, licenses, work made for hire agreements, and ordinary production practice explain a lot of what looks like copying in this industry. A footage delivery from an editor to the client who paid for it, for example, is normally exactly what is supposed to happen.
Can you contact the person directly? If the material belongs to a studio you have a relationship with, an email to them is usually faster than a legal notice.
Sending a notice in bad faith has consequences. Under 17 U.S.C. section 512(f), anyone who knowingly makes a material misrepresentation that material is infringing may be liable for damages, including costs and legal fees.
Email [email protected] with DMCA in the subject line, or write to our designated agent at the address in Section 6.
Your notice must include all six of the following, or we may not be able to act on it:
We may also need to know how you obtained access to the material, if it sits behind a private link.
You do not have to use the United States DMCA process. You can report content on Cutvey that you believe is illegal, including copyright infringement, from anywhere, by emailing [email protected] with NOTICE in the subject line. Tell us:
You do not need to swear anything under penalty of perjury and you do not need to consent to any United States court.
What we do. We confirm we received your report, without undue delay, by email. We decide it in a timely, diligent, non arbitrary and objective way, and we tell you the outcome and how to challenge it. If we remove or restrict content or an account, we give the affected person a statement of reasons saying what we did, why, what information we relied on, whether we used automated means, and how to challenge it, including by going to court where they live. We do not monitor Cutvey generally for illegal content and we are not obliged to. This section is how we meet Articles 12, 16 and 17 of Regulation (EU) 2022/2065.
Which parts of the Digital Services Act apply to us. We are a hosting service. We are not an online platform for the purposes of that Regulation, because content stored here is not disseminated to the public at a customer's request: it sits in a private workspace, or behind a private link sent to named people. So the platform only duties do not apply to us. Those include trusted flaggers under Article 22, the internal complaint system under Article 20, out of court dispute settlement under Article 21, and the statement of reasons database under Article 24(5). We give the appeal route in this policy voluntarily. We are also a micro enterprise, so Article 15 transparency reporting does not apply to us under Article 15(2). If a Cutvey feature ever makes content public, we will update this paragraph before it ships.
Our contact points. Authorities and users can reach us at [email protected], in English; we will do our best with reports in other languages. We are established in the United States and have not yet appointed a legal representative in the European Union or the United Kingdom; we will name one here if we do.
United Kingdom. You can report illegal content on Cutvey, and complain about anything we did in response to a report, by emailing [email protected] with "NOTICE" or "APPEAL" in the subject line. We answer within 14 days, and a person reviews every appeal.
What removal looks like in practice. A removal usually means disabling the specific file and revoking the link that exposed it. Anyone holding that link sees a page saying the material is no longer available, and we tell the account holder the same thing. Where a takedown reaches a delivery that a client has already paid for, we disable the material identified in the notice and leave the rest of the delivery reachable, where we can.
If someone asks us who you are. We do not give a complainant the identity or contact details of an account holder because they asked. We require legal process, including a subpoena under 17 U.S.C. section 512(h), and we tell the account holder before we respond so they can object, unless a court orders otherwise. Section 21A of the Terms of Service says how we handle legal process generally.
About your contact details. When we act on a notice we send the account holder a copy of it, including the name and email address of the person who sent it, because they need to know who is complaining in order to answer. If you send us a notice, expect that. Where the law where you are allows us to, we will remove a home address or a telephone number before we pass a notice on, if you ask us to. We do not publish notices to the Lumen database or anywhere else. We handle the personal data in a notice as described in our Privacy Policy, on the basis of our legitimate interest in running a fair complaints process and of complying with our legal obligations.
If your material was removed and you believe that was a mistake, or that the material was misidentified, you may send a counter notice. Email [email protected] with DMCA COUNTER NOTICE in the subject line, or write to the agent in Section 6.
Your counter notice must include:
What happens next. We will forward your counter notice to the person who sent the original notice, including the contact details you give us. If they do not tell us within 10 business days that they have filed a court action seeking to restrain you from the activity, we may restore the material within 10 to 14 business days after we receive your counter notice.
A counter notice made in bad faith carries the same section 512(f) exposure as a bad faith takedown notice.
If you are outside the United States. You can challenge a removal without using the DMCA counter notice process and without consenting to a United States court. Email [email protected] with APPEAL in the subject line, tell us what was removed and why you think that was wrong, and a person will review it and answer you within 14 days with reasons. Note that if you do not use the DMCA counter notice route, we cannot restore material against a valid DMCA notice unless we are satisfied the notice was wrong.
We terminate the accounts of repeat infringers in appropriate circumstances.
How we count. We record a "strike" against an account when we remove or disable material in response to a takedown notice that meets the requirements in Section 2, or when we otherwise determine that the account holder infringed copyright. Filing a counter notice does not by itself remove a strike, and material being restored because the complainant did not go to court within the statutory period does not by itself remove a strike either.
One underlying use is one strike. Notices that arise from the same underlying use of the same work count as one strike, however many files or links they name, and however many times the same notice is resent. A notice generated by an automated system counts as one notice. A single unlicensed music track in three cuts of the same film is one strike, not three.
What happens.
When a strike comes off. A strike is withdrawn if the person who sent the notice retracts it, if a court or arbitrator decides there was no infringement, or if we conclude on review under the appeals paragraph below that the notice was invalid or that the use was lawful. Strikes older than 24 months are not counted toward termination. We keep a record of every notice, every counter notice, every strike and every termination for at least three years.
Immediate termination without strikes. We may terminate an account immediately, at any strike count, for blatant, willful or large scale infringement, for using Cutvey primarily to distribute infringing material, or for circumventing a previous removal.
Notices sent in bad faith. If someone repeatedly sends notices that are manifestly unfounded, or sends them to harass an account holder, we may refuse to process further notices from them after warning them, and we will tell them why. We keep the record either way.
Refunds. If we terminate your account under this section, Section 34 of the Terms of Service governs what we refund and gives you a review and a reinstatement right.
Appeals. If you believe a strike or a termination was wrong, email [email protected] with DMCA APPEAL in the subject line and explain why. A person looks at every appeal and answers within 14 days. Using the appeal does not stop you going to a court or a consumer authority where you live.
Standard technical measures. We accommodate and do not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works, as those measures are described in 17 U.S.C. section 512(i)(2). We do not strip, alter or disable watermarks, fingerprints, rights metadata or similar identifiers in material stored on Cutvey, and our Acceptable Use Policy prohibits our users from doing so.
Cutvey LLC has designated an agent with the United States Copyright Office under 17 U.S.C. section 512(c)(2). Send notices and counter notices to:
DMCA Designated Agent
Cutvey LLC
7901 4th St N, Ste 300
St. Petersburg, FL 33702, United States
Email: [email protected] (subject line: DMCA)
Telephone: (407) 505-6622
US Copyright Office registration number: DMCA-1079008
Directory: https://dmca.copyright.gov/dmca/search.html (search "Cutvey")The registration covers Cutvey LLC and its products and websites listed as alternate names in the directory. Registrations lapse after three years and we renew ours before they do.
For trademark, trade secret, right of publicity, privacy or other non copyright complaints, email [email protected] with NOTICE in the subject, a clear description of your right, the material or link at issue, and what you want us to do. We confirm receipt, review it under Section 2A, and tell you the outcome.
Digital replicas and synthetic likeness. If you believe material on Cutvey uses a computer generated replica of your voice or your likeness without your permission, email [email protected] with NOTICE in the subject line. Identify yourself, identify the material, and say what permission you say is missing. We handle it under Section 2A. Our Acceptable Use Policy prohibits this material whatever tool made it, including tools that have nothing to do with us.
Repeat complaints that are not about copyright. Where we uphold a non copyright complaint against an account, we record it. Repeated upheld complaints of any kind are grounds for suspension or termination under the Acceptable Use Policy, and the appeal route in Section 5 applies.
For material that sexually exploits a minor, do not use this process. Email [email protected] with URGENT CSAM in the subject line. We act immediately and report to the National Center for Missing and Exploited Children.
If you appear in an intimate image or video on Cutvey and you did not consent to it being shared, email [email protected] with NCII in the subject line. Tell us where it is, that the person in it is you, and how to reach you.
You do not need to prove that you own the footage, and you do not need a lawyer. This is not the copyright process and you should not use the copyright process for it.
What we do. We remove the material, and any copy of it we can identify, within 48 hours of a valid request, and we disable the links that expose it. We treat this as an emergency. We do not require the person who uploaded it to agree, and we act before we decide any question about who owns the material. If a minor is involved, we also follow the CSAM process in the Acceptable Use Policy and report to the National Center for Missing and Exploited Children.
What we ask of you. Tell us the truth. Deliberately reporting an image that is not of you is a serious matter, and we act on that too.
If your material was removed under this section, the appeal route in Section 5 applies to you, and a person reviews it.
We may update this policy. The current version is always at https://cutvey.com/legal/copyright, with an effective date at the top. When this policy changes, the version it replaces will be kept at https://cutvey.com/legal/archive.
Cutvey LLC 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA [email protected]