Copyright complaints

Candyll maintains a copyright complaint, notice-forwarding, evidence-preservation and content-restriction process. The precise statutory application of Copyright Act sections 41.25 to 41.26 to Candyll's marketplace and hosting functions remains subject to legal classification.

Candyll does not claim to be an internet service provider for the purposes of those sections, and does not claim that every obligation in them applies to it. It follows the process described on this page regardless of how that question is settled.

Candyll operates from British Columbia, Canada. The United States Digital Millennium Copyright Act does not govern how Candyll handles these complaints, and this page does not describe a DMCA takedown. Sending a document written as a DMCA notice is fine, but it is handled under the process below.

Send your complaint in writing to the monitored address below. There is no web form: complaints are read and recorded by staff, so a clear written notice is the fastest route.

A complaint that is missing any of these is still recorded, but it takes longer to assess and may not be able to proceed.

A complaint is not a channel for demands against another user. Candyll records these elements when they appear, and removes them before passing anything to the person who uploaded the content.

• Settlement offers
• Demands for payment
• Demands for another user's personal information
• Links to payment pages or to pages that collect personal information

1. The complaint is recorded with a reference and the date it was received.
2. It is assessed against the elements listed above.
3. The content is located on the platform and the account that uploaded it is identified where that is possible.
4. A record of the content is preserved before anything changes.
5. Where appropriate, the complaint is forwarded to the person who uploaded the content, and you are told whether forwarding happened or could not happen.
6. Content may be restricted while the complaint is open, where that is reasonably necessary.
7. The uploader is given the chance to respond, and the response is reviewed.
8. Candyll then restores, qualifies, restricts or removes the content, or takes no action, and records the reason.
9. Repeated sustained complaints against the same account are escalated.
10. The case is closed and the records are retained.

Sending a complaint does not by itself remove anything. Candyll may restrict or remove content under its Terms of Service without deciding, and without accepting, that infringement occurred — and it may also decide that no change is warranted. Candyll cannot rule on who owns a work, and nothing on this page is legal advice.

Candyll does not give a complainant the identity or personal information of the person who uploaded the content, and will not do so on request. That information is disclosed only with that person's consent, under lawful authority, under a court order, or on another valid legal basis. You are told what happened to your complaint and to the content — not who was behind it.

Records about a complaint are kept for six months from the date it is received. If Candyll is notified that proceedings have been started in relation to the content, and the statutory condition for that applies, the records are kept for one year from that notice. Records subject to a legal hold are kept until the hold is released.

You are told what was alleged and you can respond. Candyll reviews your response before deciding. If you show that you own the content or have permission to use it, the content can be restored. Everyone who uploads content to Candyll agrees that they own it or have every licence and permission needed to use it.