DMCA Policy
InkFreakz's policy for handling copyright infringement claims under the Digital Millennium Copyright Act.
DMCA Overview
InkFreakz respects the intellectual property rights of artists, photographers, and creators. We comply with the Digital Millennium Copyright Act (DMCA) and respond promptly to valid copyright infringement notices.
The DMCA provides a process for copyright owners to request removal of infringing content from online platforms. If you believe that content on InkFreakz infringes your copyright, you may submit a DMCA takedown notice to our Designated Copyright Agent.
InkFreakz is a platform that hosts user-generated content. We do not pre-screen all content uploaded by users, but we take copyright infringement seriously and will act on valid notices promptly.
Safe Harbor
InkFreakz qualifies for the safe harbor protections of the DMCA (17 U.S.C. § 512) as an online service provider. This means we are not liable for infringing content posted by users, provided we:
- Do not have actual knowledge of the infringement
- Act expeditiously to remove or disable access to infringing material upon receiving proper notice
- Have a registered Designated Copyright Agent with the U.S. Copyright Office
- Maintain a repeat infringer policy
By complying with these requirements, InkFreakz maintains its safe harbor status while protecting the rights of copyright owners.
Submitting a Takedown Notice
To submit a DMCA takedown notice, you must be the copyright owner or authorized to act on behalf of the copyright owner. Send your notice to our Designated Copyright Agent at:
Email: dmca@inkfreakz.com
Subject Line: "DMCA Takedown Notice"
Response Time: We will acknowledge receipt within 2 business days and process valid notices within 10 business days.
We strongly recommend sending your notice by email to ensure the fastest response time. Notices sent by mail may take longer to process.
Required Elements of a Takedown Notice
Under 17 U.S.C. § 512(c)(3), a valid DMCA takedown notice must include all of the following elements. Incomplete notices will not be processed:
Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed, or if multiple works are covered by a single notification, a representative list of such works.
Identification of the infringing material: A description of the material you claim is infringing and that you want removed, with enough information to locate it on the platform (e.g., the URL of the specific page where the content appears).
Your contact information: Your full legal name, mailing address, telephone number, and email address.
Good faith statement: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Accuracy statement: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Submitting a false or misleading DMCA notice may expose you to legal liability, including damages and attorney's fees. Please ensure your claim is valid before submitting.
Counter-Notification Process
If you believe your content was removed due to a mistake or misidentification, you may submit a counter-notification. Upon receiving a valid counter-notification, we will:
- Forward the counter-notification to the original complainant
- Restore the removed content within 10–14 business days, unless the complainant files a court action
- Notify you when the content has been restored
By submitting a counter-notification, you consent to the jurisdiction of the federal district court for your location and agree to accept service of process from the original complainant.
Send your counter-notification to: dmca@inkfreakz.com with the subject line "DMCA Counter-Notification".
Required Elements of a Counter-Notice
A valid counter-notification under 17 U.S.C. § 512(g)(3) must include:
Identification of the removed content: A description of the material that was removed and the location where it appeared before removal (e.g., the original URL).
Your contact information: Your full legal name, mailing address, telephone number, and email address.
Good faith statement: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located.
Signature: Your physical or electronic signature.
Repeat Infringer Policy
InkFreakz maintains a strict repeat infringer policy in compliance with 17 U.S.C. § 512(i). Users who repeatedly infringe the copyrights of others will have their accounts terminated.
| Infringement Count | Action Taken |
|---|---|
| First valid DMCA notice | Content removed, user warned via email |
| Second valid DMCA notice | Content removed, temporary account suspension (14 days) |
| Third valid DMCA notice | Permanent account termination, all content removed |
We reserve the right to terminate accounts at any time for egregious or willful copyright infringement, even on the first offense.
False Claims & Misrepresentation
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages, including costs and attorneys' fees.
Before submitting a DMCA notice, please consider whether the use of the content may constitute fair use, whether you actually own the copyright, and whether the content is actually infringing. We take misuse of the DMCA process seriously and may take action against users who abuse the system.
Tattoo Art & Copyright
Tattoo art is protected by copyright law. As a tattoo-focused platform, we recognize the unique copyright considerations in our community:
- Original tattoo designs created by an artist are protected by copyright from the moment of creation
- Flash art (pre-drawn designs) is copyrighted by the artist who created it
- Custom designs created for a client may involve shared or transferred copyright — this should be clarified in any artist-client agreement
- Reference images used to create a tattoo may require permission from the original creator
- Photos of tattoos on a person's body may involve copyright claims from both the tattoo artist and the photographer
We encourage all artists and clients to be mindful of copyright when uploading content to InkFreakz. If you have questions about copyright ownership of a specific work, we recommend consulting a qualified intellectual property attorney.
Designated Copyright Agent
All DMCA notices and counter-notifications should be directed to our Designated Copyright Agent:
InkFreakz Designated Copyright Agent
Email: dmca@inkfreakz.com
Subject: "DMCA Takedown Notice" or "DMCA Counter-Notification"
Only DMCA notices should be sent to this address. For general support, please use our contact form.