Effective August 1, 2016
Am I In the Right Place?
You are in the right place if you are here to ask us to remove a deck or asset that copies a deck or asset you created. In legalese, you are here to do a DMCA takedown. All of these items must be true to do a DMCA takedown.
- The item that was copied is original to you. You made it or you are the authorized agent of the person who made it.
- You are the owner of the copyright in the item. Copyrights are rights in expression. Copyrights do not extend to ideas.
- The deck or asset you are complaining about copies your originality. Sometimes, both you and the other party license the same assets from a yet another party. In that case, your claim must be about the copying of your original arrangement of those assets, not the copying of the assets licensed from that third party.
- Issues concerning someone's use of your trademark or idea (patent law) are not covered by this policy. We will not apply the DMCA process to claims based in trademark or patent law.
How Do I Request a Takedown
To request a DMCA takedown, send us a message that contains the elements listed below. We respect the intellectual property rights of all parties. We can only act on requests that contain all of these elements.
- A description of the item that you created that you claim has been copied;
- A description of the deck(s) or asset(s) that you claim are infringing and where they may be found on Boom (the store name and object title and/or URL);
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the use you are complaining about is not authorized by the copyright owner, the owner's agent, or the law (for example, fair use);
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the owner of the work copied or of the owner's authorized agent complete with the date and printed name.
You can comply with the fourth and fifth elements by including this paragraph in your message:
I have a good-faith belief that the infringing use I have described above is not authorized by me, by my agent, or by law. I declare, under penalty of perjury, that the information in this message is accurate and that I am the copyright owner.
If you are the owner's agent, and not the owner, include this paragraph:
I have a good-faith belief that the infringing use I have described above is not authorized by me, by the owner, or by law. I declare, under penalty of perjury, that the information in this message is accurate and that I am authorized to act on the behalf of the copyright owner.
Perjury is the criminal offense of willfully telling an untruth to a court. Since this letter you send us could be evidence in court, failing to tell the truth in the letter could subject you to criminal penalties.
Send your message to:
Boom Learning Legal Department
9805 NE 116th St Suite 7198
Kirkland WA 98034
Should I Submit a Takedown Request?
You are asserting a legal right that could lead to litigation. Before submitting a claim, please consider whether or not the use is fair use and whether or not copyright protects the elements you claim were copied. For example, unless the two works are "virtually identical" you can not base a claim on works that use the same clip art licensed from a third party laid out in a way that is dictated by how the English language is processed (left to right).
If you submit a formal complaint, be aware that you may be liable for damages, including costs and attorneys' fees incurred by use or our users, if you knowingly misrepresent that material is infringing. If you are unsure of whether the material or activity is infringing, you may wish to contact an attorney before filing a notification with us. We will not provide you with legal advice.
Your complaint will be forwarded to the person against whom it is asserted. The respondent has a right to file a counternotice.
You always have the option to make a takedown request via our tool using our abuse process. We do perform an infringement analysis for those reports and remove items that we determine are infringing. We will warn you, we find most assertions of copyright infringement are actually assertions of the taking of an idea, something that copyright does not provide you with protection against.
If we remove or disable your materials, you will be provided a copy of the triggering complaint. You may file a counter notice if you feel the complaint was erroneous or in bad faith. You can also contact the complainant and request a retraction.