DMCA Policy

Last updated: 3 September 2026

Adsy Media (operated by Kairen Whittock), carrying on business as Adsy Media (“we”, “us”, “our”), respects the intellectual property of others and expects the users of adsy-media.com (the “Site”) to do the same. This policy explains how to notify us of material on the Site that you believe infringes your copyright, how the person who posted that material may respond, and how we handle repeat infringement. It forms part of our Terms & Conditions.

We operate this procedure voluntarily and in a manner modelled on the notice-and-takedown provisions of the United States Digital Millennium Copyright Act, codified at 17 U.S.C. § 512. We do so because the Site is read internationally and because it is the procedure most rights holders and hosting intermediaries are familiar with. Nothing in this policy is an admission that any particular statute applies to us, and nothing in it waives any right or defence available to us or to our contributors under Canadian, United States or other law.

1. Designated agent for copyright notices

Send all copyright notices and counter-notifications to our designated agent:

  • Attention: Copyright Agent, Adsy Media
  • Entity: Adsy Media (operated by Kairen Whittock)
  • Email (preferred): [email protected]
  • Post: 2090 Lonsdale Cres, Abbotsford, British Columbia, V2T 1C4, Canada
  • Telephone: +1 604-850-8125

Email is strongly preferred because it produces a dated, auditable record. Notices sent to unrelated addresses, posted in comments, or delivered through social media may not reach our agent and may not be actioned. Please do not send legal notices of other kinds to this address; general legal correspondence should go to [email protected].

2. What to include in a takedown notice

To be effective, a notification of claimed infringement should contain all six of the elements set out in 17 U.S.C. § 512(c)(3)(A). We ask you to address each of them expressly, because a notice that omits an element may be legally ineffective and may delay our response.

  1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Type your full legal name and state the capacity in which you sign (for example, rights holder, in-house counsel, or authorised agent). A typed name in an email from an address you control is acceptable to us as an electronic signature.
  2. Identification of the copyrighted work claimed to have been infringed — or, if a single notice covers multiple works at one online site, a representative list of those works. Identify the work precisely: the title, the date and place of first publication, the URL of the authorised copy if one exists, and any registration number. If the work is a photograph, supply or link to the original.
  3. Identification of the material claimed to be infringing, together with information reasonably sufficient to allow us to locate it. Give the exact URL of the page on the Site, and specify which element on that page you are complaining about — a named image file, a quoted passage identified by its opening and closing words, an embedded file, or a comment identified by its author and timestamp. “Somewhere on your site” is not sufficient.
  4. Information reasonably sufficient to permit us to contact you — your name, mailing address, telephone number and, if available, an email address. We cannot process a notice we cannot reply to, and we forward notice contact details to the affected user as described below.
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law. The phrase “or the law” matters: before sending a notice you should consider in good faith whether the use is permitted as fair use under United States law or as fair dealing for the purposes of news reporting, review, criticism or research under the Copyright Act (Canada). Quotation, screenshots and excerpts used for reporting and commentary are common and frequently lawful.
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Include the words “under penalty of perjury”.

Helpful but optional additions: an explanation of why you consider any fair-use or fair-dealing argument inapplicable; the licence terms you say were breached; and, if you are an agent, evidence of your authority. The United States Copyright Office publishes background material on the section 512 system at copyright.gov/512.

3. What happens after we receive a notice

  1. Acknowledgement. Our agent acknowledges receipt, normally within two business days, and assigns the notice a reference.
  2. Review for completeness. We check the notice against the six elements above. If it is substantially incomplete, we will tell you what is missing and invite you to resubmit. We may act on a notice that is complete in substance even if imperfect in form.
  3. Assessment. Where the material is our own editorial Content, our editors and, where appropriate, our legal advisers assess whether the use is licensed, independently created, or defensible as fair use or fair dealing. We are a news publication and we will not remove reporting or commentary that we consider lawful merely because a notice has been sent. If we decline to remove material, we will tell you and give our reason.
  4. Expeditious removal or disabling. Where we conclude that removal is appropriate, or where the material is user-submitted and we do not have a clear basis to keep it up, we will remove or disable access to it expeditiously. We may replace an image with a placeholder, shorten a quotation, or unpublish a page in whole or in part.
  5. Notice to the affected user. If the material was submitted by a user or contributor, we will promptly notify them that the material has been removed or disabled, provide them a copy of the notice (including your contact details, which will therefore be disclosed to them), and inform them of their right to submit a counter-notification.
  6. Record. We log every notice, our assessment, the action taken and the date, and we retain that record for our repeat-infringer analysis.

4. Counter-notification

If your material was removed or disabled and you believe in good faith that this was the result of mistake or misidentification, you may send our designated agent a written counter-notification. Consistent with 17 U.S.C. § 512(g)(3), it should contain:

  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
  3. 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 of the material; and
  4. your name, address and telephone number, and 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 your address is outside the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who gave the original notice or an agent of that person.

What we do with a counter-notification. We will promptly provide the person who sent the original notice with a copy of the counter-notification, including the contact details it contains, and tell them that we will replace the removed material or cease disabling access to it in not less than 10, nor more than 14, business days following our receipt of the counter-notification. We will then restore the material within that window unless our agent first receives notice from the original complainant that they have filed an action seeking a court order to restrain the allegedly infringing activity. Where the material is our own editorial Content, we may decide the matter editorially without waiting out that period.

Sending a counter-notification is a formal legal step with real consequences, including exposure to a lawsuit and to liability under section 512(f). Consider obtaining legal advice first.

5. Repeat infringers and account termination

Consistent with 17 U.S.C. § 512(i), we have adopted and will reasonably implement a policy providing for termination, in appropriate circumstances, of users, commenters, contributors and account holders who are repeat infringers.

  • A strike is recorded against a user where we remove or disable material they submitted in response to a notice that we accept as valid and that is not successfully answered by a counter-notification or otherwise withdrawn or resolved.
  • Two strikes normally result in a written warning and, for contributors, review of previously published work.
  • Three strikes normally result in termination of the account or contributor relationship, removal of commenting privileges, and blocking of the associated email address. We may unpublish or re-review that person’s other submissions.
  • We may terminate immediately, without accumulating strikes, in cases of egregious or wilful infringement, including uploading substantial portions of a commercial work, or repeated infringement after a warning.
  • Terminated persons must not create a new account or submit material under another identity. We consider circumvention an independent breach of our Terms & Conditions.
  • Strikes are reviewable. Write to [email protected] if you believe a strike was recorded in error.

6. Warning about misrepresentation — 17 U.S.C. § 512(f)

Section 512(f) provides that any person who knowingly materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, is liable for the damages, including costs and legal fees, incurred by the alleged infringer, by any copyright owner or licensee, or by the service provider, as a result of that misrepresentation and of our reliance on it in removing, disabling or restoring the material. Notices and counter-notifications also contain a statement made under penalty of perjury. Do not use this procedure to suppress unfavourable journalism, to silence criticism, to remove lawful commentary or competitive comparison, or to obtain the identity of a source. We reserve the right to publish notices we receive (with personal contact details redacted), to refer abusive notices to counsel, and to seek recovery of our costs.

7. Canadian context: notice-and-notice under the Copyright Act

Adsy Media is published from Canada by a Canadian entity, and Canada does not have a statutory notice-and-takedown regime of the United States kind. Instead, sections 41.25 to 41.27 of the Copyright Act establish a notice-and-notice regime. The differences that matter to a complainant are:

  • Who it binds. Notice-and-notice applies to intermediaries: persons who provide the means of telecommunication, who provide digital memory in which the content is stored, and who provide information location tools. It is aimed at access and hosting providers and search services rather than at a publication’s own editorial pages.
  • What the intermediary must do. On receiving a compliant notice, the intermediary must, as soon as feasible, forward the notice electronically to the person to whom the identified electronic location belongs, and inform the claimant that it has done so or explain why it could not. It must also retain records allowing the identity of that person to be determined, for six months from receipt, or for one year if court proceedings are commenced in that period.
  • What it does not require. The regime does not require the intermediary to remove or disable the content, and it does not require it to disclose the subscriber’s identity to the claimant. Identity disclosure in Canada generally requires a court order.
  • Notice content. Under s. 41.25(2) a Canadian notice must state the claimant’s name, address and other specified contact information; identify the work and the claimant’s interest or right in it; specify the location data for the electronic location concerned; state the infringement claimed; and state the date and time of the claimed infringement.
  • Prohibited content. Under s. 41.25(3), a Canadian notice must not contain an offer to settle the claimed infringement, a request or demand for payment or for personal information relating to the claim, or any reference or hyperlink to such an offer, request or demand. Notices containing settlement demands are non-compliant, and we will not forward them.
  • Remedy for non-compliance. An intermediary that fails to perform its forwarding and record-keeping obligations may be liable to statutory damages of not less than $5,000 and not more than $10,000.

In practice we treat the two systems as complementary. We will act on a well-founded copyright complaint about material on the Site under sections 2 to 5 of this policy regardless of which statutory framework you invoke, and where a notice engages notice-and-notice obligations in respect of user-submitted material, we will comply with sections 41.25 to 41.27 as well.

8. Non-US and non-Canadian claims

We honour valid copyright complaints from rights holders anywhere. If you are asserting rights under the law of another country — for example the EU Directive on Copyright in the Digital Single Market, the United Kingdom Copyright, Designs and Patents Act 1988, or a moral right or database right recognised in your jurisdiction — please identify the right and the law you rely on, and otherwise give us the same information as in section 2. Substance matters more to us than the statutory label.

9. Trade-mark complaints

Trade-mark complaints are not handled under this policy and should be sent to [email protected]. Include the mark, the registration number and register, the goods or services covered, the exact URL and the specific use complained of, your basis for asserting confusion or depreciation of goodwill, and the same signature and good-faith statements as in section 2. Please note that we frequently name and depict third-party brands, products and logos for the purposes of news reporting, review, criticism and comparison. That is nominative use, it is not a claim of affiliation or endorsement, and we will not remove it merely because a mark is registered.

10. False, duplicative or abusive notices

We may decline to act on, and may treat as abusive, notices that are anonymous; that are sent by a person who does not hold or represent the relevant rights; that repeat a complaint we have already answered without new information; that assert rights over facts, figures, headlines, ideas, unprotected short phrases or public-domain material; that are directed at accurate reporting the complainant finds unflattering; that bundle a settlement demand contrary to s. 41.25(3); or that are sent in volume by automated systems without human review. Persistent abuse may be reported to the sender’s counsel, the relevant regulator or the courts.

11. No legal advice

This policy is a description of our internal procedure. It is not legal advice, it is not a substitute for reading the applicable statutes, and it does not determine anyone’s rights. The requirements of 17 U.S.C. § 512 and of the Copyright Act are matters of law and may be amended or interpreted by the courts. If you are unsure whether to send a notice or a counter-notification, consult a lawyer qualified in the relevant jurisdiction.

12. Contact

Copyright notices and counter-notifications: [email protected]. Trade-mark and other legal notices: [email protected]. Editorial corrections: [email protected]. Privacy: [email protected]. Telephone: +1 604-850-8125. Post: Adsy Media (operated by Kairen Whittock), 2090 Lonsdale Cres, Abbotsford, British Columbia, V2T 1C4, Canada.