DMCA Notification & Counter-Notification Procedure

1. Designated Agent Information

Pursuant to 17 U.S.C. § 512(c)(2), Lumistate has designated the following agent to receive DMCA notifications:

This designation is registered with the United States Copyright Office. The current registration is available at the U.S. Copyright Office DMCA Designated Agent Directory at dmca.copyright.gov.

2. Filing a DMCA Notification

If you believe that material on the Lumistate Service infringes your copyright, you may file a DMCA Notification with our Designated Agent.

2.1 What a DMCA Notification Does. A valid DMCA Notification will result in:

• Removal or disabled access to the allegedly infringing material
• Notification to the user who uploaded the material
• An opportunity for that user to file a Counter-Notification (Section 5)
• Restoration of access only if a valid Counter-Notification is filed and the original notifier does not file suit

2.2 What a DMCA Notification Does Not Do. A DMCA Notification:

• Is not a substitute for a court order
• Does not result in any judgment about whether infringement occurred
• Does not entitle the notifier to monetary damages from Lumistate (those would require a separate copyright lawsuit)
• Cannot be used to silence speech, criticism, or fair use of copyrighted material

2.3 Before You File. Before filing, please consider:

• Fair use analysis. Some uses of copyrighted material qualify as fair use (US) or fair dealing (other jurisdictions). Misrepresenting fair-use material as infringing in a DMCA Notice is sanctioned under 17 U.S.C. § 512(f).
• License verification. Confirm the use is not licensed (e.g., the photographer's contract may permit the use you're flagging).
• Author identification. Confirm you are the copyright owner or are authorized to act on behalf of the owner.
• Good-faith standard. A DMCA Notification requires a good-faith belief in infringement. Knowingly false notices have legal consequences (Section 9).

3. Required Elements of a DMCA Notification

To be valid under 17 U.S.C. § 512(c)(3), a DMCA Notification must include all of the following:

3.1 A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

3.2 Identification of the copyrighted work claimed to be infringed, or — if multiple works are covered by a single notification — a representative list of those works.

3.3 Identification of the material claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit Lumistate to locate the material. For Lumistate, this means at minimum:

• The URL where the material appears (e.g., a share link)
• A description of the specific image, photo, or content
• The user account, listing, or other identifier where the material is hosted

3.4 Information reasonably sufficient to permit Lumistate to contact the complaining party, including:

• Full name
• Address
• Telephone number
• Email address (where available)

3.5 A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

3.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Notifications that fail to include all six elements may not be honored, and we may request the missing elements before taking action.

4. Sample DMCA Notification Format

You may use the following template (provided for convenience; your notification should be in your own words and adapted to your situation):

To: DMCA Designated Agent, Lumistate
Email: dmca@lumistate.ai
Subject: DMCA Notification of Copyright Infringement

I, [Your Full Name], am the copyright owner of [or am authorized to act on
behalf of the copyright owner of] the work(s) described below. I am writing
to notify you of alleged copyright infringement appearing on the Lumistate
Service.

1. IDENTIFICATION OF COPYRIGHTED WORK:
[Describe the original copyrighted work — e.g., "A photograph titled 'Living
Room — 123 Main St.' originally taken by [Photographer Name] on [Date].
Registration number (if any): [#]. The original work appears at: [URL or
description]"]

2. IDENTIFICATION OF INFRINGING MATERIAL:
[Describe and locate the allegedly infringing material on Lumistate — e.g.,
"A modified version of the photograph appears at the following URL:
https://lumistate.ai/share/[ID]. The infringing version has been digitally
altered using AI staging tools."]

3. CONTACT INFORMATION:
Full Name: [Your Full Name]
Title (if representing): [Your Title and Organization]
Address: [Your Mailing Address]
Phone: [Your Phone]
Email: [Your Email]

4. GOOD-FAITH STATEMENT:
I have a good-faith belief that use of the material described above in the
manner complained of is not authorized by the copyright owner, its agent,
or the law.

5. ACCURACY STATEMENT:
The information in this notification is accurate, and under penalty of
perjury, I am the owner [or authorized to act on behalf of the owner] of
an exclusive right in the copyrighted material being infringed.

6. SIGNATURE:
[Your Physical or Electronic Signature]
[Date]

5. Filing a DMCA Counter-Notification

If your material was removed or disabled in response to a DMCA Notification and you believe the removal was based on mistake or misidentification, you may file a Counter-Notification.

5.1 What a Counter-Notification Does. A valid Counter-Notification:

• Is forwarded to the original notifier
• Triggers a 10-14 business day window during which the original notifier may file suit against you in federal court
• If no suit is filed within that window, your material may be restored
• Does not guarantee restoration if the original notifier files suit

5.2 Before You File. Counter-Notifications carry legal consequences (Section 9). Before filing, consider:

• Did the original notifier have a valid claim? If yes, filing a Counter-Notification may expose you to litigation.
• Do you have a good-faith basis? A Counter-Notification under penalty of perjury asserts the material was removed by mistake or misidentification. This must be true.
• Are you prepared to be sued in US federal court? Filing a Counter-Notification consents to jurisdiction in the federal district court where you reside (or, for non-US residents, in any judicial district in which the service provider may be found).

5.3 Consult Counsel. Counter-Notification is a legal action. Consider consulting an attorney before filing, particularly if the underlying material is commercially significant.

6. Required Elements of a DMCA Counter-Notification

To be valid under 17 U.S.C. § 512(g)(3), a Counter-Notification must include all of the following:

6.1 A physical or electronic signature of the user.

6.2 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 access disabled.

6.3 A statement under penalty of perjury that the user has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.

6.4 The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of:

• The federal district court for the judicial district in which the user's address is located, OR
• For users whose address is outside the United States: any judicial district in which Lumistate may be found

6.5 A statement that the user will accept service of process from the person who provided the original DMCA Notification, or from that person's agent.

7. Sample DMCA Counter-Notification Format

To: DMCA Designated Agent, Lumistate
Email: dmca@lumistate.ai
Subject: DMCA Counter-Notification

I, [Your Full Name], am the user whose material was removed or disabled
following a DMCA Notification. I am filing this Counter-Notification under
17 U.S.C. § 512(g).

1. IDENTIFICATION OF REMOVED MATERIAL:
[Describe the material that was removed — e.g., "A photograph and AI-generated
description of the property at 123 Main St. that was removed from my listing
at https://lumistate.ai/share/[ID] on [Date]"]

2. GOOD-FAITH STATEMENT (UNDER PENALTY OF PERJURY):
I declare under penalty of perjury that I have a good-faith belief that the
material was removed or disabled as a result of mistake or misidentification.

[Briefly explain why — e.g., "The photograph was taken by me on [Date] for
the listing of my client's property, and I retain full rights to use it in
this listing. The DMCA notification incorrectly identified me as
infringing rights I do not infringe."]

3. CONTACT INFORMATION:
Full Name: [Your Full Name]
Address: [Your Mailing Address]
Phone: [Your Phone]
Email: [Your Email]

4. JURISDICTIONAL CONSENT:
I consent to the jurisdiction of [select one]:
[ ] The federal district court for the district in which my address is
    located [for US residents]
[ ] Any judicial district in which Lumistate may be found [for non-US
    residents]

5. SERVICE OF PROCESS:
I will accept service of process from the person who provided the original
DMCA Notification, or from that person's agent.

6. SIGNATURE:
[Your Physical or Electronic Signature]
[Date]

8. Repeat Infringer Policy

8.1 Account Termination. In accordance with the DMCA and our Acceptable Use Policy, Lumistate maintains a policy of terminating the accounts of users who are determined to be repeat infringers.

8.2 Definition of Repeat Infringer. For Lumistate's purposes, a "repeat infringer" is a user who:

• Receives three (3) or more valid DMCA Notifications within any twelve (12) month period without successfully filing Counter-Notifications, OR
• Is the subject of a court order or judgment finding copyright infringement, OR
• Engages in patterns of conduct that, in our reasonable judgment, demonstrate repeated copyright infringement (e.g., systematic uploading of unlicensed photographer content)

8.3 Notice Before Termination. Before terminating a repeat infringer's account, we will:

• Notify the user of the determination
• Provide an opportunity to respond within 14 days (except where immediate action is required to prevent harm)
• Consider any response and supporting evidence in our final determination

8.4 Effect of Termination. Termination under this policy:

• Terminates the user's right to use the Service
• Results in deletion of stored Content per our retention policy
• May extend to associated accounts owned or controlled by the same user
• Does not relieve the user of obligations for past use

8.5 Documentation. We maintain records of DMCA Notifications received, accounts affected, and termination decisions. These records are confidential except where required by legal process.

9. False Claims Warning

9.1 17 U.S.C. § 512(f). Under U.S. copyright law, any person who knowingly materially misrepresents:

• That material is infringing (in a DMCA Notification), OR
• That material was removed or disabled by mistake or misidentification (in a Counter-Notification)

Shall be liable for any damages, including costs and attorneys' fees, incurred by:

• The alleged infringer or copyright owner injured by the misrepresentation
• Any service provider (including Lumistate) injured by the misrepresentation

9.2 Lumistate's Position. We take false DMCA claims seriously. We may:

• Refuse to act on notices that appear to be in bad faith
• Document patterns of false notices and decline to process further notices from the same source
• Cooperate with affected users who pursue § 512(f) claims against bad-faith notifiers
• Pursue our own claims for damages caused by false notifications

9.3 Consequences for Lumistate Users. Users who file knowingly false Counter-Notifications:

• May be sued by the original notifier for any resulting damages
• May have their Lumistate account terminated
• May face Acceptable Use Policy enforcement

9.4 Honest Mistakes. Genuine good-faith mistakes — even mistakes that turn out to be wrong — do not violate § 512(f). The statute prohibits knowing misrepresentation, not innocent error.

10. Updates & Contact

10.1 Updates. We may update this procedure to reflect changes in law, our practices, or our infrastructure. Updates take effect upon posting at lumistate.ai/legal/dmca.

10.2 Designated Agent Updates. If our DMCA Designated Agent changes, we will:

• Update the registration with the U.S. Copyright Office within the timeframe required by 17 U.S.C. § 512(c)(2)
• Update this page with the new agent's information
• Honor notifications sent to the previous agent address for a reasonable transition period

10.3 Contact. For DMCA matters:

• Email: dmca@lumistate.ai (preferred)
• Alternative email: jakub@amaia-estate.com (subject line: "DMCA Notice" or "DMCA Counter-Notification")
• Postal: Ecomerco – Jakub Janus, ATTN: DMCA Designated Agent, ul. Stefana Czarnieckiego 3/5, 59-400 Jawor, Poland

For non-DMCA copyright matters (e.g., EU copyright claims under EU directives), contact us at the same addresses; we handle non-US claims in accordance with applicable law.