Overview
Smith & Johnson, Inc., which operates Sundream, responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. 512). This policy explains how to send a notice, what we do with it, and how to dispute a removal.
Sundream lets users upload reference material and generate media from it. We do not review that material in advance, so notices from rights holders are how we learn that something infringing is present.
Designated agent
Send copyright notices to our designated agent:
Copyright Agent, Smith & Johnson, Inc.
Smith & Johnson, Inc., c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States
Email: support@sundreamstudio.com
Telephone: +1 757-784-6765
This address is for copyright notices only. Support requests, billing questions, and other correspondence sent here will be slower to reach the right person, not faster.
Sending a notice
To be effective under 17 U.S.C. 512(c)(3), your notice must include all of the following. A notice missing these elements may not trigger our obligations and will usually be returned to you for completion.
- Your physical or electronic signature, as the owner of the right or a person authorized to act on their behalf.
- Identification of the copyrighted work you claim has been infringed, or a representative list if the notice covers multiple works.
- Identification of the material you claim is infringing, with enough detail for us to locate it — a direct URL is best.
- Your address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.
What we do with a notice
On receiving an effective notice we will expeditiously remove or disable access to the material, and take reasonable steps to notify the user who posted it that we have done so, passing along your notice.
We may also suspend a workspace or account where the circumstances warrant it. Removal is not a finding that infringement occurred; it is the step the statute asks us to take while the parties sort it out.
Counter-notification
If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notification to the agent above. Under 17 U.S.C. 512(g)(3) it must include:
- Your physical or electronic signature.
- Identification of the material that was removed and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification.
- Your name, address, and telephone number.
- A statement that you consent to the jurisdiction of the United States District Court for the district of your address — or, if your address is outside the United States, any district in which we may be found — and that you will accept service of process from the complaining party or their agent.
After a counter-notification
We will forward your counter-notification to the party who sent the original notice. Unless they notify us that they have filed an action seeking a court order to restrain the activity, we may restore the removed material between 10 and 14 business days after receiving your counter-notification.
Repeat infringers
We maintain and enforce a policy of terminating, in appropriate circumstances, the accounts and workspaces of users who are repeat infringers.
We record notices we act on against the account responsible for the material. Repeated substantiated notices against the same account lead to termination. We take into account whether notices were withdrawn or successfully countered, so a disputed notice that is resolved in the user's favour does not count against them.
Misrepresentations
17 U.S.C. 512(f) makes a person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake, liable for damages — including costs and legal fees — incurred by the other party or by us. Both notices and counter-notices are sworn statements. Please be sure of your position before sending one.
Other rights
This policy covers copyright. For trademark, right of publicity, privacy, or other complaints, including a concern that generated media depicts you or your likeness without consent, contact support@sundreamstudio.com. Those claims follow the process in our Terms of Service rather than the DMCA process described here.