Copyright complaints
This is the notice-and-action procedure required by Article 16 of the Digital Services Act. It also accepts notices written for the US Digital Millennium Copyright Act, which ask for the same facts and two sworn statements more.
The procedure works in both directions. Somebody whose content is removed is told why, and can contest it.
1.How to report content
Send a notice to copyright@tencoline.com. Include all of the following. A notice missing one of these takes longer, because we have to write back for it.
- What you are complaining about. The exact address of the video or page. A share link, or the page address from your browser. “A video on your site” is not something we can act on.
- What it infringes. Identify the work, and say what right you hold in it.
- Why it is unlawful. Explain it, briefly. This is what Article 16(2)(a) DSA calls a sufficiently substantiated explanation.
- Who you are. Your name and email address. You may omit them if the complaint concerns a criminal offence against a person, and in every other case we need them.
- A statement that the notice is accurate and complete, and made in good faith.
If you are sending a notice under the US Digital Millennium Copyright Act, add the two statements that Act requires: that you believe in good faith that the use is not authorised by the owner, its agent or the law; and that the information in the notice is accurate and that you are authorised to act for the owner, under penalty of perjury. Include your physical or electronic signature.
Where to send it
copyright@tencoline.comTencoline
Moosacher Str. 89, 80808 München, Germany
Email reaches us fastest. A postal notice is valid and slower.
2.What happens next
- We confirm we received the notice, without undue delay.
- We review it. A person does this. We do not use automated means to decide a complaint, and we say so because Article 16(6) DSA requires us to tell you if we did.
- If the complaint is well founded, we disable access to the content and tell the uploader what we removed, why, and how to contest it.
- We tell you what we decided, with reasons, and how to challenge that decision.
We aim to decide within 7 days. Where a decision needs facts only the uploader has, it takes as long as it takes to get them, and we tell you that it is waiting.
Most videos here are private. They have no public address and no audience. If your complaint is about a private video, we still act on it, and it will usually be a data protection matter rather than a copyright one. In that case write to privacy@tencoline.com instead, and see the acceptable use policy.
3.If your content was removed and you disagree
You will have received our reasons. If you believe the removal was wrong, write to copyright@tencoline.com with:
- What was removed, and where it was.
- Why you have the right to use it. A licence, your own recording, a permitted quotation, or a mistake in the notice.
- Your name and email address.
- A statement that what you say is true and complete.
We review it, a person decides, and we restore the content if we were wrong. We will tell you the outcome either way.
You can also take the matter to a court, or to an out-of-court dispute settlement body certified under Article 21 DSA. Using our procedure first does not remove either option.
4.Notices sent in bad faith
A false notice does damage: it takes down work somebody is entitled to publish, and it costs us the time we should be spending on real ones.
Under Article 23(2) DSA we may suspend, after a warning, the handling of notices from a person or organisation that frequently sends ones that are clearly unfounded. Under US law, a person who knowingly misrepresents that material is infringing is liable for the resulting damages.
5.Repeat infringement
We close the accounts of repeat infringers. What counts as repeat depends on the case: three separate valid complaints against one account will end it, and one deliberate upload of a whole broadcast may be enough on its own. A user whose account we close for this can object under the terms of service.
6.Our own content
The text, design and code of tencoline.com belong to us. The articles in the magazine are ours. To quote them, use the ordinary right of quotation with attribution and a link. To reproduce more than that, write to legal@tencoline.com. We usually say yes.