DMCA and Copyright Policy

1. Respect for Copyright

Coloring Magic ("we," "us," or "the Service") respects the intellectual-property rights of others and expects our users to do the same. This policy describes how we respond to claims of copyright infringement in accordance with the United States Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512), the EU Digital Services Act (DSA, Regulation (EU) 2022/2065), the UK Copyright, Designs and Patents Act 1988 (CDPA), and other applicable copyright laws.

2. Nature of the Service

Coloring Magic generates images using AI models based on user-provided text prompts. Because images are created algorithmically rather than copied from a fixed repository, inadvertent similarity to existing copyrighted works is possible. We take all reasonable steps to minimise this risk through prompt filtering and content-moderation systems, but no automated system can guarantee the absence of similarity.

3. DMCA Takedown Notices (United States)

If you are a copyright owner (or authorised to act on behalf of one) and believe that content available through our Service infringes your copyright, you may submit a written DMCA takedown notice to our designated agent. Your notice must include all of the following elements:

• A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
• Identification of the copyrighted work you claim has been infringed. If multiple works are covered by a single notification, provide a representative list.
• Identification of the material that you claim is infringing and sufficient information to allow us to locate it (e.g., URL, description, screenshot).
• Your contact information: name, mailing address, telephone number, and email address.
• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorised to act on behalf of the owner.

4. Designated Agent

DMCA takedown notices should be sent to:

[DMCA_AGENT_NAME_PLACEHOLDER]
[OPERATOR_NAME_PLACEHOLDER]
[OPERATOR_ADDRESS_PLACEHOLDER]
Email: support@coloringmagic.art

Please use "DMCA Takedown Notice" as the subject line of your email.

5. Processing of DMCA Notices

Upon receiving a valid DMCA takedown notice, we will:

• Promptly remove or disable access to the allegedly infringing content.
• Notify the user who created the content that it has been removed or disabled, and provide them with a copy of the takedown notice (with the complainant's personal contact information redacted where appropriate).
• Retain a record of the notice for compliance purposes.

6. Counter-Notification

If you are the user whose content was removed and you believe the removal was a mistake or misidentification, you may submit a written counter-notification to our designated agent. Your counter-notification must include:

• Your physical or electronic signature.
• Identification of the content that was removed and the location where it appeared before removal.
• A statement under penalty of perjury that you have a good-faith belief the content was removed or disabled as a result of mistake or misidentification.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who provided the original takedown notification or an agent of such person.

7. Put-Back Procedure

If we receive a valid counter-notification, we will forward it to the original complainant and inform them that we intend to restore the content within ten (10) to fourteen (14) business days, unless the complainant notifies us that they have filed a court action seeking to restrain the user from engaging in the allegedly infringing activity.

8. Repeat Infringers

In accordance with the DMCA and our Terms of Service, we maintain a policy of terminating the accounts of users who are repeat infringers of copyright in appropriate circumstances. A user may be considered a repeat infringer if they receive multiple valid takedown notices without filing counter-notifications, or if they are found by a court to have infringed copyright through their use of the Service.

9. EU and EEA Copyright Claims (Digital Services Act)

For users and rights holders in the European Union and European Economic Area, copyright-related complaints may also be submitted through our general reporting mechanism described in our Removal Requests page, which complies with the notice-and-action procedures under the Digital Services Act.

When we remove or restrict content based on a copyright complaint, we will provide the affected user with a statement of reasons in accordance with Article 17 of the DSA, including the facts and circumstances of the decision, the applicable legal basis, and information on available remedies (internal complaint handling, out-of-court dispute settlement, and judicial redress).

10. United Kingdom Copyright Claims

Rights holders in the United Kingdom may submit copyright complaints under the Copyright, Designs and Patents Act 1988 (CDPA) using the same contact details and procedure described above. We will process UK copyright claims in a manner consistent with the CDPA and any applicable codes of practice.

11. Australian Copyright Claims

Rights holders in Australia may submit copyright complaints under the Australian Copyright Act 1968. We will process such claims in accordance with applicable Australian law and cooperate with removal notices issued by the eSafety Commissioner where copyright-infringing content overlaps with online safety concerns.

12. Misrepresentation Warning

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that content is infringing, or that content was removed by mistake, may be liable for damages, including costs and attorneys' fees. Before submitting a DMCA notice or counter-notification, please ensure that your claim is accurate.

13. Relationship to Other Policies

This policy should be read in conjunction with our Content Policy, IP and Output Rights, and Removal Requests page. Copyright claims that do not meet the technical requirements of a DMCA notice may still be processed as general removal requests under our DSA-compliant reporting mechanism.

14. Changes to This Policy

We may update this policy from time to time. Material changes will be communicated by updating the "Last updated" date at the top of this page.

15. Contact

For copyright inquiries, DMCA notices, and counter-notifications, contact us at support@coloringmagic.art.