DMCA Policy
Digital Millennium Copyright Act compliance and copyright infringement reporting
1. Introduction
Custom Cap BD respects the intellectual property rights of others and expects our users to do the same. This policy outlines our procedures for addressing copyright infringement claims pursuant to the Digital Millennium Copyright Act ("DMCA").
2. Copyright Infringement Notification
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our website or through our services, please notify our Copyright Agent.
2.1 Requirements for DMCA Takedown Notice
Your notice must include:
-
Physical or Electronic Signature
- Signature of the copyright owner or authorized representative
-
Identification of Copyrighted Work
- Description of the copyrighted work claimed to be infringed
- If multiple works, a representative list
-
Identification of Infringing Material
- URL or specific location of the allegedly infringing material
- Sufficient information to locate the material
-
Contact Information
- Your name, address, telephone number, and email address
-
Statement of Good Faith Belief
- "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
-
Statement of Accuracy
- "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
2.2 How to Submit DMCA Notice
Email (Preferred): dmca@customcapbd.com Subject Line: "DMCA Takedown Notice"
Mail: Custom Cap BD - DMCA Agent 63/3 Ranabhola, Dhaka 1230, Bangladesh
Response Time: We will respond within 48-72 hours
3. DMCA Counter-Notification
If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification.
3.1 Requirements for Counter-Notification
Your counter-notice must include:
-
Your Physical or Electronic Signature
-
Identification of Material
- Description of material removed or disabled
- Location where it appeared before removal
-
Statement Under Penalty of Perjury
- "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification."
-
Consent to Jurisdiction
- Statement consenting to jurisdiction of federal district court
- Agreement to accept service of process from the complainant
-
Contact Information
- Your name, address, telephone number, and email address
3.2 How to Submit Counter-Notification
Same contact information as DMCA notices above.
3.3 What Happens Next
- We forward your counter-notification to the original complainant
- If complainant doesn't file legal action within 10-14 business days
- We may restore the removed material
4. Repeat Infringer Policy
4.1 Three-Strike Policy
- First Offense: Warning and content removal
- Second Offense: Temporary account suspension
- Third Offense: Permanent account termination
4.2 Immediate Termination
Accounts may be terminated immediately for:
- Willful, egregious copyright violations
- Commercial piracy
- Repeated false DMCA claims
- Circumventing our infringement procedures
5. Copyright Infringement in Orders
5.1 Customer Responsibility
Customers are responsible for ensuring:
- They own or have rights to all designs, logos, and artwork
- No trademark, copyright, or intellectual property violations
- Proper licensing for any third-party content
5.2 Our Review Process
We reserve the right to:
- Review submitted designs for obvious infringement
- Refuse orders containing copyrighted/trademarked material
- Request proof of licensing or ownership
- Report suspected counterfeiting to authorities
5.3 Examples of Prohibited Content
- ❌ Celebrity images without permission
- ❌ Sports team logos (NFL, NBA, etc.)
- ❌ Brand logos (Nike, Adidas, etc.)
- ❌ Copyrighted cartoon/anime characters
- ❌ Music lyrics, album art
- ❌ Trademarked slogans
5.4 Safe Content
- ✅ Original designs you created
- ✅ Licensed content with proof
- ✅ Public domain works
- ✅ Creative Commons (with attribution)
- ✅ Your own business logos/branding
6. Protection of Your Intellectual Property
6.1 We Respect Your Rights
- Your original designs remain your property
- We don't claim ownership of customer submissions
- We only use your designs to fulfill your orders
- Designs are not shared with third parties
6.2 Confidentiality
- Customer designs are kept confidential
- Not added to public galleries without permission
- Secure storage and handling
- Deleted after order completion (unless requested otherwise)
7. False Claims
7.1 Consequences
Filing false DMCA claims may result in:
- Legal liability for damages
- Attorney's fees
- Account termination
- Potential criminal prosecution under 17 U.S.C. § 512(f)
7.2 Verification
We may verify claims for:
- Overly broad or vague notices
- Claims from non-copyright holders
- Suspicious patterns of claims
8. Limitations of Service
8.1 No Pre-Screening
We do not pre-screen all content but:
- Respond promptly to valid DMCA notices
- Implement repeat infringer policy
- Cooperate with copyright holders
8.2 User-Generated Content
Users are responsible for:
- Content they upload
- Designs they submit
- Comments and reviews they post
9. Educational Use and Fair Use
9.1 Fair Use Doctrine
Some uses may qualify as fair use:
- Commentary and criticism
- News reporting
- Teaching and education
- Research and scholarship
- Parody
Note: Fair use is determined case-by-case. Consult legal counsel if uncertain.
9.2 Not Our Determination
- We don't make fair use determinations
- Copyright disputes should be resolved between parties
- We comply with valid DMCA notices
10. International Copyright
10.1 Multiple Jurisdictions
Copyright laws vary by country:
- We comply with DMCA (U.S. law)
- Respect Berne Convention signatories
- Honor international copyright treaties
10.2 Jurisdiction
Legal disputes governed by:
- Laws of Bangladesh
- International copyright conventions
- Country-specific regulations as applicable
11. Trademark Protection
11.1 Beyond Copyright
This policy primarily addresses copyright. For trademark issues:
- Email: legal@customcapbd.com
- Different procedures may apply
- Requires proof of trademark registration
11.2 Trademark Examples
Protected trademarks include:
- Brand names and logos
- Product names
- Slogans and taglines
- Distinctive packaging
12. Licensing and Permissions
12.1 Obtaining Licenses
Before ordering with licensed content:
- Contact copyright holder
- Obtain written permission
- Verify scope of license
- Provide us with proof
12.2 Royalty-Free Content
Sources for legal content:
- Creative Commons: search.creativecommons.org
- Unsplash: unsplash.com (photos)
- Pexels: pexels.com (photos/videos)
- Font Squirrel: fontsquirrel.com (fonts)
Always verify license terms before use.
13. Reporting Other IP Violations
13.1 Non-Copyright Issues
For other intellectual property concerns:
- Trademark: legal@customcapbd.com
- Patent: legal@customcapbd.com
- Trade Secret: legal@customcapbd.com
- Right of Publicity: legal@customcapbd.com
13.2 Additional Information Needed
Please provide:
- Registration numbers (if applicable)
- Proof of ownership
- Description of infringement
- Proposed resolution
14. Contact Information
14.1 DMCA Agent
Email: dmca@customcapbd.com Mail: Custom Cap BD - DMCA Agent, 63/3 Ranabhola, Dhaka 1230, Bangladesh Phone: +880 1671-906866
14.2 Legal Department
Email: legal@customcapbd.com Response Time: 48-72 hours for urgent matters
15. Policy Updates
This DMCA Policy may be updated to reflect:
- Changes in law
- Operational improvements
- Legal requirements
Updates will be posted with revised "Last Updated" date.
Protecting intellectual property is important to us. We take copyright infringement seriously and will respond promptly to valid DMCA notices.
For questions about this policy, contact dmca@customcapbd.com