1. Our approach
Studios upload their own work to Brakket and promise in our Terms that they have the right to do so. Brakket is a Canadian company and handles copyright complaints under the “notice and notice” rules of Canada's Copyright Act. If you believe media hosted on Brakket infringes your copyright, send us a notice and we will pass it to the studio that uploaded it.
2. What your notice must include
Send your notice in writing to our copyright contact. To be valid under the Copyright Act it must:
- give your name and address;
- identify the work your claim relates to;
- state your interest or right in the copyright in that work;
- give the web address on Brakket where the media appears;
- describe the infringement you are claiming; and
- give the date and time of the claimed infringement.
Copyright contact: Brakket Technologies Ltd., [Mailing address]. Email: [copyright contact email].
3. What your notice must not include
The law does not allow a notice to contain any of the following, and we will not forward one that does:
- an offer to settle the claim;
- a request or demand for payment or for personal information; or
- a link or reference to any such offer, request or demand.
4. What we do when we receive a valid notice
- We forward it electronically to the studio that uploaded the media, as soon as we reasonably can.
- We tell you that it has been forwarded, or explain why we could not forward it.
- We keep records that identify the studio for six months after it receives the notice, or for one year if you start court proceedings and tell us before those six months are up.
- We do not give you the studio's identity or contact details unless a court orders us to.
We do not charge a fee for any of this.
5. Removing media
Canadian law does not require us to take media down when we receive a notice. We may still choose to remove or disable access to media at our discretion, for example where a claim appears well founded or a studio does not respond, and our Terms allow us to do so.
6. If you are a studio that receives a notice
Receiving a forwarded notice does not mean a court has found you infringed anything, and we have not shared your identity with the person who sent it. If you believe the claim is wrong, you can reply to us with an explanation. If the claim is right, remove the media.
7. Repeat infringement
We may suspend or close the accounts of studios that are the subject of repeated, well-founded copyright complaints.