Copyright, Trademark and DMCA Policy
(Notice and takedown)
Version: 1.0 · Last updated: 22 October 2026 · Language: English (Terms section 17)
Preamble
Copy link to “Preamble”We respect intellectual property and expect every user to do the same. This policy governs how rights holders report infringements of copyright and trade mark rights on desioart (desioart.com), how we respond, how the creators affected can answer, and what happens to repeat infringers. It follows:
- the Digital Millennium Copyright Act (17 U.S.C. § 512) — we are not established in the USA, but we regard ourselves as a Service Provider within the meaning of 17 U.S.C. § 512(k)(1) and apply the notice and takedown procedure voluntarily and in full, so that rights holders and creators have a procedure recognised worldwide and so that the safe harbour conditions are met
- Articles 16 and 17 DSA (notice and action, statement of reasons) — for every report from the EU, DMCA form or not
- Article 17 of Directive (EU) 2019/790 (the DSM Directive) as implemented in Cyprus, so far as it applies to us
- the copyright and trade mark law of the company’s seat (the Republic of Cyprus) and, for rights holders in the EU, the applicable national law
It forms part of our terms of service (Terms section 19.1) and supplements Moderation (procedure), Acceptable Use sections 2.2 and 5.1 (prohibitions) and Creator Terms sections 5 and 9 (rights and protection of content).
1 Designated Agent (17 U.S.C. § 512(c)(2))
Copy link to “1 Designated Agent (17 U.S.C. § 512(c)(2))”| Item | Value |
|---|---|
| Designated Agent | Alexander Repp (Director) |
| For | DAAR GLOBAL LIMITED |
| dmca@desioart.com | |
| Postal address | attn. Designated DMCA Agent, 1 Apriliou 52, 7600 Athienou, Larnaca, Cyprus |
| Registration | the DMCA Designated Agent Directory of the U.S. Copyright Office, listed under “DAAR GLOBAL LIMITED” |
The Designated Agent receives copyright notices and counter-notices and nothing else. Save on express authority, the Agent is not empowered to accept or waive service of process; support, payment and cancellation enquiries sent to that address are not answered.
2 What this procedure covers
Copy link to “2 What this procedure covers”| Matter | Procedure |
|---|---|
| Someone else’s content (photos, videos, audio, text) was uploaded to desioart without permission | a DMCA notice (section 3) or a DSA report (section 8) |
| Your own creator content was re-uploaded by another desioart account (a leak on the platform) | a DMCA notice (section 3) — we check for impersonation as well |
| Trade marks (someone else’s mark in a profile name, logo or advertising) | a report to dmca@desioart.com with proof of the mark — handled under section 8 (DSA), not under the DMCA |
| Impersonation (someone holding themselves out as you) | the “identity theft” report in your account, or abuse@desioart.com (Acceptable Use section 2.9) |
| You are the one depicted and you did not consent | not a copyright matter — NCII Takedown (the 24-hour procedure), including for leaked creator content you appear in |
| Your desioart content has been leaked on other websites | section 7 (support), not this procedure |
3 A DMCA notice (takedown notice) — what it must contain
Copy link to “3 A DMCA notice (takedown notice) — what it must contain”If you are a rights holder or an authorised representative and believe that content on desioart infringes your copyright, you can submit a notice under 17 U.S.C. § 512(c)(3)(A). It must contain:
- a physical or electronic signature of the rights holder or an authorised representative
- identification of the protected work said to be infringed (for several works, a representative list; a registration number and a link to the original where available)
- identification of the infringing material, with enough detail to locate it (the link to the post or profile, the post identifier, the timestamp in a video, a screenshot)
- the contact details of the person giving notice (name, address, telephone, email)
- a statement of good faith: “I believe in good faith that the use of the material complained of is not authorised by the copyright owner, its agent, or the law.”
- a statement under penalty of perjury: “The information in this notification is accurate, and I am the copyright owner or am authorised to act on the owner’s behalf.”
3.1 Where to submit it
Copy link to “3.1 Where to submit it”- By email: dmca@desioart.com, subject “DMCA Notice — [work]” (an automatic acknowledgement with a case number follows)
- In your account: “Report” → “Copyright” opens a pre-filled email to the Designated Agent
- By post: attn. Designated DMCA Agent, 1 Apriliou 52, 7600 Athienou, Larnaca, Cyprus
We accept notices in German, English and French; other languages we deal with as best we can. Where a notice lacks one of the required elements but contains the essentials (the work, where it is, and contact details), we help you complete it (§ 512(c)(3)(B)(ii)).
3.2 False notices
Copy link to “3.2 False notices”Anyone who knowingly misrepresents is liable under 17 U.S.C. § 512(f) to the creator affected and to us in damages, legal costs included; abusive notices we deal with under Acceptable Use section 10.6 as well, and we can bar people without an account from giving further notice.
4 How we respond to a notice
Copy link to “4 How we respond to a notice”4.1 Receipt and examination
Copy link to “4.1 Receipt and examination”You receive an automatic acknowledgement straight away. We check the notice for completeness and for obvious abuse. We make no assessment of the legal merits, which belong to the counter-notice procedure and to the courts.
4.2 Hiding the content
Copy link to “4.2 Hiding the content”Where a notice is complete we hide the content expeditiously, usually within 24 hours — it is then invisible to everyone but the creator, and it stays restorable. We do not delete it while a counter-notice remains possible. Anyone who bought the content sees a note reading “temporarily unavailable”.
4.3 Telling the creator
Copy link to “4.3 Telling the creator”The creator affected receives a statement of reasons (Article 17 DSA) without delay, containing: a copy of the notice (the notifier’s contact details only so far as a counter-notice requires them — as a rule the name or organisation, not the address), identification of the work, a note about the counter-notice procedure (section 5), the appeal (Appeals) and the consequences of a further infringement (section 6). We store the notifier’s contact details encrypted, and IP addresses only as a hash.
4.4 We do not arbitrate disputes
Copy link to “4.4 We do not arbitrate disputes”We do not decide who is right. The DMCA procedure establishes the status quo (“hidden”) until the parties agree or a court decides. In obvious cases we act under Acceptable Use section 2.2 as well.
5 Counter-notice
Copy link to “5 Counter-notice”If you are the creator affected and consider the notice unjustified (it is your own work, you hold a licence, an exception applies, or there has been a mix-up), you can submit a counter-notice under 17 U.S.C. § 512(g)(3).
5.1 What it must contain
Copy link to “5.1 What it must contain”- a physical or electronic signature
- identification of the material removed and of the place where it was available before it was hidden (the link, the post identifier)
- a statement under penalty of perjury: “I believe in good faith that the material was removed or disabled as a result of mistake or misidentification.”
- your name, address, telephone number and email
- consent to jurisdiction: “I consent to the jurisdiction of the United States District Court for the district in which I live — or, if I live outside the United States, for any district in which DAAR GLOBAL LIMITED may be found — and I will accept service of process from the person who submitted the original notice, or that person’s agent.”
Please note: by making the statement in point 5 you submit, for this dispute, to the jurisdiction of a US court; US law requires that for a counter-notice under § 512(g). If you would rather not, you can instead submit a counter-notice under section 8 (Articles 16 and 17 DSA) without that statement — but then without the particular restoration deadlines and the protection of § 512(g).
5.2 Where to submit it
Copy link to “5.2 Where to submit it”- by email: dmca@desioart.com, subject “DMCA Counter-Notice — [case number]”
- by post: attn. Designated DMCA Agent, 1 Apriliou 52, 7600 Athienou, Larnaca, Cyprus
5.3 How it proceeds
Copy link to “5.3 How it proceeds”- We forward your counter-notice to the person who gave notice without delay (in doing so they receive the details in section 5.1, as the law provides).
- If that person does not show within 10 working days that they have brought proceedings for an injunction, we restore the content between the 10th and the 14th working day after your counter-notice arrived.
- If they do show it (the court and the case number), the content stays hidden until the court decides.
5.4 The effect on strikes
Copy link to “5.4 The effect on strikes”A valid counter-notice that is not followed by proceedings cancels the associated copyright strike (section 6).
6 Repeat infringers (17 U.S.C. § 512(i))
Copy link to “6 Repeat infringers (17 U.S.C. § 512(i))”We keep copyright strikes separate from the warnings under Acceptable Use section 9:
| Valid notice | Consequence |
|---|---|
| 1st | copyright strike 1, plus a reference to this policy |
| 2nd | copyright strike 2 plus a warning; the account is examined for other people’s content |
| 3rd | a permanent ban on the account after a four-eyes review (Moderation section 7) |
A notice is “valid” where no effective counter-notice was submitted against it, or where a court confirmed it was justified. Strikes lapse 12 months after the last valid notice, if no further infringement was established in that time. Independently of that, we may ban an account permanently at once where a creator uploads other people’s content systematically or on a large scale or acts commercially. Every measure comes with reasons and can be challenged under Appeals — the counter-notice under section 5 remains the statutory route alongside it.
7 Protecting your content as a creator
Copy link to “7 Protecting your content as a creator”What the platform does: videos carry a burnt-in watermark reading desioart.com/[username] before delivery; during playback a further visible watermark identifying the viewer is shown, and every rendered copy carries a unique identifier so that leaks can be traced (Privacy section 2.9); media are delivered only through short-lived signed links; and content already removed is recognised if it is uploaded again (Moderation section 2.1). There is no technical protection against screen recording — no platform can provide it (Creator Terms section 9.7).
Leaks on other websites: your copyright applies worldwide. We support you as far as we can, without any entitlement on your part:
- templates for DMCA notices to websites, hosts, registrars and search engines (in the help centre)
- on request, confirmation that you published the content on desioart first (timestamp, hash), as evidence towards others
- for leaks in which your access watermark is recognisable, attribution to the account responsible and measures against it (Acceptable Use sections 2.2 and 5.1)
- pointers to specialist anti-piracy services and to simplified legal routes (in the USA the Copyright Claims Board for claims up to USD 30,000; in the EU the European small claims procedure up to EUR 5,000; in the UK the IPEC small claims track)
We do not run a takedown service for other websites ourselves.
If you are depicted in leaked content, you can use the NCII procedure in parallel (NCII Takedown) — including for commercially produced content whose distribution you did not agree to.
What fans may do: fans acquire a personal, non-transferable licence to use content (Terms section 8) — no ownership, and no right to download, copy or pass it on.
8 Reports outside the DMCA (Article 16 DSA)
Copy link to “8 Reports outside the DMCA (Article 16 DSA)”Where a report does not meet the DMCA form, we treat it as a report under Article 16 DSA: it must identify the content precisely, explain why the right is infringed, give the reporting person’s name and email, and confirm that the information is correct. We examine it carefully, hide content that plainly infringes, give both sides reasons for the decision (Article 17 DSA) and open the appeal to the creator (Appeals) — with no consent to US jurisdiction. Where a case is not plain, we may ask the reporting person for further evidence or point them to the courts (section 4.4). The deadlines are in Moderation section 3.5 (“serious”: a decision within 7 days; hiding on a valid notice, at once).
9 Records and data protection
Copy link to “9 Records and data protection”For every notice and counter-notice we store the complete documents, the correspondence, timestamps, hashed IP addresses, account and content identifiers and hashes of the content — contact details encrypted — for 5 years after the case closes (Privacy section 7.1). Disclosure: to the other party only to the extent the law provides (sections 4.3 and 5.3), and to authorities only on a lawful order (Moderation section 6).
10 Abuse — the risk of liability
Copy link to “10 Abuse — the risk of liability”Anyone who knowingly submits a false notice or counter-notice is liable under 17 U.S.C. § 512(f); counter-notices are made under penalty of perjury. In the EU, claims for an unjustified warning of infringement and for damages may arise. We reserve the right to make abusive notices available to the creator affected so that they can pursue them, and to suspend accounts.
11 Updates
Copy link to “11 Updates”We review this policy at least once a year (DMCA reform, DSM implementation, case law). Where a change is substantial we tell you 30 days beforehand (creators at least 15 days, Article 3 of Regulation (EU) 2019/1150). The current version is at legal.desioart.com/dmca.
12 Contact
Copy link to “12 Contact”| Matter | Channel |
|---|---|
| DMCA notices, counter-notices, trade marks | dmca@desioart.com · by post to the Designated Agent |
| Impersonation | “Report” → identity theft · abuse@desioart.com |
| You are depicted and did not consent (24 h) | ncii@desioart.com · desioart.com/nci-takedown |
| Support with leaks on other sites | support@desioart.com (subject “Leak”) |
| Appealing a measure | Appeals · appeals@desioart.com |
| Data protection | privacy@desioart.com |
Designated DMCA Agent: Alexander Repp, DAAR GLOBAL LIMITED, attn. Designated DMCA Agent, 1 Apriliou 52, 7600 Athienou, Larnaca, Cyprus