The small print, in plain words
Copyright and Takedown Policy
On this page
Marktmorgen hosts stores run by independent creators. Each creator is responsible for what they put on their store — the products, the pictures, the words, the links and anything played on the page — and our Terms of Service forbid anything that infringes someone else's rights. When something does, this is how to tell us, and what we do about it. We follow the notice-and-takedown procedure of the US Digital Millennium Copyright Act (17 U.S.C. § 512) and the notice-and-action rules of the EU Digital Services Act.
1. Telling us about copyright infringement
Use the form at marktmorgen.com/report, or write to our Copyright Agent at support@marktmorgen.com. Every store page also has a “Report a problem with this page” link at its foot. A notice has to include:
- the copyrighted work you say was infringed, or a list of them;
- the page on Marktmorgen where the infringing material is, precise enough for us to find it;
- your name, a postal address or telephone number, and an email address;
- a statement that you believe in good faith that the 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 owner or authorized to act for the owner;
- your physical or electronic signature (your typed full name is enough).
The form asks for each of these, so a notice sent through it is complete.
2. What we do with a notice
We read every notice. When it is complete and points to material on a store, we remove it or disable access to it promptly — a link, a product, a media kit, or, where the whole store is the problem, the store's pages and sales. We email the creator what was taken down, the substance of the notice, and how to send a counter-notice, and we keep a record of it. A notice that is incomplete, or that points to nothing on our site, is answered and not acted on.
3. Counter-notices
A creator who believes material was taken down by mistake or misidentification can reply to the email we sent, with:
- their name and physical or electronic signature;
- what was taken down and where it was before;
- a statement under penalty of perjury that they believe in good faith it was taken down by mistake or misidentification;
- their name, address and telephone number, and a statement that they consent to the jurisdiction of the federal district court for their address (or, if outside the United States, any judicial district in which Marktmorgen may be found) and will accept service of process from the person who sent the notice.
We send a copy to the person who sent the notice. Unless they tell us within 10 business days that they have filed a court action to stop the infringement, we put the material back 10 to 14 business days after we received the counter-notice.
4. Repeat infringers
We switch off the pages and sales of a store that is the subject of repeated valid notices, and may close the account. Buyers keep what they already paid for: the links in their emails and their order page keep working, because a buyer did nothing wrong.
5. Other illegal content
For anything else you believe is illegal — in the European Union or anywhere else — use the same form and choose “Other illegal content”. Say where it is and why it is illegal. We decide, act on it if it is, and tell the creator what we decided and why. A creator who disagrees can reply and ask us to look again, and we tell them the outcome.
6. Music, video and podcasts played on a store
A creator can play a video or a recording on their store page from YouTube, Vimeo, Loom, Spotify, SoundCloud, Apple Music or Apple Podcasts. It plays through that service's own player and from that service's own servers; nothing is copied to ours. If a recording there infringes your rights, report it to the service as well: once the service removes it, it stops playing on every site, ours included. Tell us too, and we take the link down from the store.
7. Notices made in bad faith
Under 17 U.S.C. § 512(f), anyone who knowingly misrepresents that material is infringing, or that it was taken down by mistake, may be liable for damages. Please make sure a notice is right before you send it.