Copyright and Trademark | 2022: Jul 1 – Dec 31

Copyright

Month	Total notices received	Valid DMCA requests (%)	Accounts affected	Posts affected	Pieces of content affected
July	319	73.98%	222	468	1,233
August	504	68.45%	305	2,672	3,681
September	356	82.58%	244	352	1,595
October	397	75.82%	249	163	1,300
November	614	59.28%	298	157	1,559
December	378	81.22%	299	233	1,427
Total	2,568	71.92%	1,617	4,045	10,795

The table above indicates the number of copyright infringement notices we received during each month of the reporting period. Each notice may cover more than one blog and/or piece of content. Some notices identify dozens of allegedly infringing materials.
As a US company, Tumblr requires that all copyright notices be submitted in accordance with the DMCA. When we receive non-compliant requests (including non-US requests), we ask the complainant to resubmit their request in accordance with the statute.
Tumblr processes notices pursuant to the DMCA. Under the DMCA there are a number of conditions a complaining party must satisfy:
1. Identification of the work or material being infringed.
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
3. Contact information for the notifying party, including name, address, telephone number, and email address.
4. A statement made under penalty of perjury that the information provided in the notice is accurate and that the complainant is authorized to make the complaint on behalf of the copyright owner.
5. A statement that the complainant has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
6. The complainant’s physical or electronic signature.

Month	Valid counter notices	Accounts affected with restored content	Posts restored	Pieces of content restored
July	1	1	3	3
August	0	0	0	0
September	1	1	4	6
October	3	3	5	5
November	0	0	0	0
December	1	1	1	1
Total	6	6	13	15

Under the DMCA, a user can formally challenge a notice of copyright infringement by submitting a counter notice. When we receive a counter notice, we forward a copy to the individual who submitted the original DMCA notice and restore access to the content if no further action is taken.
In accordance with the statute, a valid counter notice must contain:
- The user’s physical or electronic signature.
- The user’s name, address, and phone number.
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- The user’s consent to the jurisdiction of a federal court in the district where the user lives (or the federal district court located in New York County, New York, if the user lives outside of the US).
- The user’s consent to accept service of process from the party who submitted the takedown notice.
In addition to the statutory requirements, we sometimes ask for the legal or factual basis for filing the counter notification.

Month	Number of notices received	Number of URLs affected	Percentage blogs terminated	Percentage of reported blogs with content removed	Percentage of URLs changed
July	14	13	38.46%	38.46%	0.00%
August	14	22	68.18%	68.18%	0.00%
September	16	35	74.29%	74.29%	5.71%
October	28	58	74.14%	74.14%	1/72%
November	10	10	50.00%	50.00%	10.00%
December	15	23	30.43%	30.43%	4.35%
Total	97	161	62.73%	62.73%	3.11%

Handling trademark issues (either potential infringement or instances of confusion) is complex, especially for neutral platforms like Tumblr, and consequently requires additional analysis as compared to copyright infringement. We first require documentation of a live federal or international trademark registration—often the name of a business or brand or its logo. We then look at a variety of factors to determine if reported content or a URL is misleading to users or causes confusion, and what action to take in these cases. Among them:
- How the reported term is being used.
- Content found on the blog.
- The registered goods and services.
- Landscape of similar marks related to the reported term.
- When the reported term was first used.
Based on our findings, we may prescribe one or more of the following actions:
- If a user is using a misleading URL, we may require them to change it. We notify the URL holder and give them an opportunity to change the URL on their own before we change the URL to something generic on their behalf.
- Alternatively, we may request that a user include a disclaimer on their blog.
- Sometimes, we remove specific posts that are using a term to create confusion. Like all content takedowns on the site, we always notify the user when we remove any of their content, and include as much information as possible regarding the claim made against their post.