Copyright Policy

Hex takes copyright infringement seriously. If you notice copyright infringing material on hex.pm or related services controlled by Hex you can submit a Digital Millennium Copyright Act (DMCA) takedown notice to copyright@hex.pm. Similarly, if you have received a takedown notice for your content you can submit a counter notice to the same address. Instructions for how to do so are outlined below.

As with all legal matters you should consult with professionals about your specific situation. Note that actions you take can limit your rights so it’s always strongly recommended to take legal counsel prior.

Please note that all submissions will be published to the Lumen Database with any personal information removed.

Submit your takedown or takedown counter notice to copyright@hex.pm. You may include attachments but please include a copy of your letter in plain-text in the body of the email.

How to submit a DMCA takedown notice

The DMCA requires that you swear to the facts in your notice under penalty of perjury. Under US law it’s a federal crime to give false information under oath.

Please conduct a thorough investigation with the help of legal counsel before submitting a takedown notice to ensure that the copyright complain is valid. Content creators pour their time, heart and soul into the content they create and their creations may be depended on by thousands of people and companies.

Users may submit counter notices to your copyright complaint (see below for more details). You will be notified of the counter notice, we will re-enable their content within 14 business days if you do not inform us that you have initiated legal action to restrain the user from engaging in copyright infringing activity on Hex.

Your takedown notice must follow these rules:

  1. Identify the copyrighted work you believe has been infringed.

  2. Identify the material that you allege is infringing the copyrighted work.

  3. Explain what the affected user would need to do in order to remedy the infringement

  4. Provide your contact information.

  5. Provide contact information, if you know it, for the alleged infringer.

  6. Include the following statement: “I have read and understand Hex’s Copyright Policy.”

  7. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.”

  8. Also include the following statement: “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.”

  9. Include your physical or electronic signature.

How to submit a DMCA takedown counter notice

The DMCA requires that you swear to the facts in your notice under penalty of perjury. Under US law it’s a federal crime to give false information under oath.

Please conduct a thorough investigation, probably with the help of legal counsel, before submitting a takedown counter notice to ensure that it is valid. Submitting a DMCA takedown counter notice can have real legal consequence, the other party may start legal action against you to ensure your content is disabled.

In order to file a counter notice, you must have “a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.” Examples of mistakes in the takedown notice could be that your content falls under fair-use or you may have a license for the copyrighted content. It is up to you if you want to explain why the DMCA takedown notice is not valid.

Your counter notice must follow these rules:

  1. Identify the disabled content.

  2. Provide your contact information.

  3. Include the following statement: “I have read and understand Hex’s Copyright Policy.”

  4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.”

  5. Also include the following statement: “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.”

  6. Include your physical or electronic signature.

Changes

This is a living document and may be updated from time to time. Please refer to the git history for this document to view the changes.