SmartKDP respects copyright, and we expect our customers to. This page explains how to tell us about infringing material and what we do about it.
It applies to material stored on SmartKDP — for example an image uploaded into a project. Books that have already been published on Amazon are outside our control; those need to go to Amazon directly.
Sending a takedown notice
If you own a copyright (or are authorised to act for the owner) and believe material on SmartKDP infringes it, send a written notice to support@smartkdp.com containing all of the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you say has been infringed.
- Identification of the material you say is infringing, with enough detail for us to locate it — a direct URL wherever possible.
- Your name, postal address, telephone number, and email address.
- A statement that you have a good-faith belief that the use is not authorised 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 authorised to act on the owner's behalf.
An incomplete notice may not be actionable, so please include all six items.
Our designated agent's registered contact details are being finalised with the US Copyright Office and will be published here. In the meantime, notices sent to support@smartkdp.com are received and acted on.
Please send notices in good faith. Section 512(f) of the DMCA makes you liable for damages, including costs and legal fees, if you knowingly misrepresent that material is infringing.
What we do when we receive one
- We review the notice for completeness.
- If it is valid, we remove or disable access to the material, usually within a few business days.
- We notify the customer who uploaded it, tell them what was removed and why, and pass on a copy of your notice — including the contact details in it, since they are entitled to know who is making the claim.
- We tell them how to file a counter-notice.
Filing a counter-notice
If your material was removed and you believe that was a mistake or a misidentification, send a counter-notice to support@smartkdp.com containing:
- Your physical or electronic signature.
- Identification of the material that was removed and 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, postal address, and telephone number.
- A statement consenting to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any district in which we may be found), and that you will accept service of process from the person who filed the original notice.
We will forward your counter-notice to the original complainant. If they do not tell us within 10 business days that they have filed a court action seeking to restrain the activity, we may restore the material.
Repeat infringers
We terminate, in appropriate circumstances, the accounts of customers who repeatedly infringe copyright. We keep a record of notices received in order to identify them.
Before you send a notice
Two things that resolve many disputes without any of this:
- If the material is a font, clipart, or a stock image, check whether the customer may hold a licence for it. Our Acceptable Use Policy requires customers to hold rights to what they upload, and most problems here are licence-scope misunderstandings rather than deliberate infringement.
- If your concern is a published book on Amazon, Amazon operates its own copyright reporting process and is the only party that can remove a listing.
Trademark and other claims
For trademark concerns, or other intellectual-property claims that are not copyright, email support@smartkdp.com with a description of your right, the material at issue, and your contact details.