Backlight Copyright Policy

Introduction

This Copyright Policy explains how copyright holders may remove infringing user materials that may be stored or otherwise made available by Backlight Parent Corporation or one of its businesses (collectively, “Backlight,” “we” or “us”). The Backlight businesses include:

Backlight Gem and Backlight Studio Live (operated by Backlight Parent Corporation)
Celtx (operated by Celtx Inc.)
cineSync (operated by Cospective Pty Ltd.)
ftrack and ftrack Review (operated by ftrack AB)
iconik (operated by iconik Media AB)
Wildmoka Clip Studio (operated by Wildmoka SAS)
Zype Streaming Platform, Zype Playout, and Zype Apps Creator (operated by Zype Inc.)

Notices of Copyright Infringement (Takedown Notices)

Backlight will remove materials in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), when properly notified that the materials infringe a third party’s copyright. To request the removal of materials, you must file a takedown notice that contains:

Your name, address, telephone number, and email address (if any).
A description of your copyrighted work (e.g., if a film, the film title).
A description of where on Backlight’s service the infringing material may be found, sufficient for us to locate it (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.

To facilitate a quick response, please send the notice by email.

Counter-Notifications (Challenges to Takedown Notices)

Users who believe that their materials were removed by mistake or misidentification may request that their materials be restored pursuant to the DMCA’s counter-notification provisions. To exercise this right, you must file a counter-notification that contains:

Your name, address, and telephone number.
A description of the material that was removed and the location on Backlight’s service where it previously appeared (e.g., the URL).
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.
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 of the United States, any judicial district in which Backlight may be found (e.g., the United States District Court for the District for either Delaware or Massachusetts), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
Your electronic or physical signature.

To facilitate a quick response, please send the notice by email. We reserve the right to deny counter-notifications that are not filed within 90 days following notice of the removal of materials.

If we determine that your counter-notification is valid, we will forward it to the copyright holder. The copyright holder may elect to file a copyright lawsuit against you seeking an injunction. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may restore your materials. Until that time, the materials will remain unavailable.

Information

Your takedown notices and counter-notifications may be shared with others, including the affected user or the copyright holder, as appropriate.

Repeat Infringer Policy

Backlight will terminate user accounts that accrue three (3) DMCA strikes. We count one “DMCA strike” each time that material is removed from a user’s account in response to a DMCA takedown notice. We may count multiple takedown notices received within a short period of time as a single DMCA strike. We will also count strikes when we remove apparently infringing materials that we might come across apart from any notice, provided that nothing in this policy shall require us to affirmatively monitor our services or search for infringing materials.

We count strikes separately for each Backlight business (e.g., Celtx, iconik, etc.) for which a user may have an account. However, we reserve the right to aggregate strikes across Backlight businesses under appropriate circumstances.

We may remove or expunge a DMCA strike where (1) the underlying material is restored pursuant to the DMCA counter-notification process; (2) the copyright holder withdraws its takedown notice; or (3) the user does not accrue additional DMCA strikes during the twelve months following the DMCA strike.

We may terminate user accounts that receive fewer than three (3) DMCA strikes in appropriate circumstances, such as where the user is acting in bad faith.

Non-DMCA and Other Intellectual Property Requests

For allegedly infringing materials not governed by the DMCA, you may submit a request to remove materials to our Copyright Agent. To facilitate a quick response, please send the notice by email. In your notice, provide the facts giving rise to your claim and the legal basis for removal.

Backlight Copyright Agent

You may address inquiries to our Copyright Agent:

Backlight Parent Corporation
Attn: General Counsel
450 Bedford Street, Suite 2200
Lexington, Massachusetts 02420
legal@backlight.co