Copyright infringement notice
How to notify us that content reachable through this service infringes intellectual property rights, and what happens after you send the notice.
Draft document. The owner’s details and the deadlines, marked as <pedir al cliente>, are pending, along with a legal review before publication.
What this procedure covers
This site generates QR codes. Static codes are drawn in the browser and their content is not stored here, so there is nothing of theirs to take down. Dynamic codes are different: they pass through a redirect that is under our control and can lead to third-party content. If a code from this service links to material that infringes your rights, this is the channel to report it.
The difference between the two is explained in how static and dynamic codes differ, and the QR code types page shows which ones pass through a redirect. The uses we do not allow, including linking to unlawful content, are listed in the terms and conditions.
This procedure is not for complaints about the destination page itself, which is a matter for whoever hosts it. What you can ask here is that we stop redirecting to it.
Why it is called DMCA if this is Europe
DMCA stands for the US Digital Millennium Copyright Act, whose section 512 created the notice-and-takedown system everyone knows today. We keep the name because it is the term people search for, but the service is provided from the European Union and notices are processed under Article 16 of Regulation (EU) 2022/2065 (Digital Services Act) and Articles 16 and 17 of the Spanish Law 34/2002 on information society services. In practice the requirements are very similar: an identified, precise, good-faith notice.
What your notice must include
An incomplete notice cannot be processed. These are the seven points we need, and the form is designed to collect them:
- Who is notifying. Full name or company name, and a valid means of contact: email and phone.
- Which work is being infringed. A description sufficient to identify it, and in what capacity you hold the rights: owner, licensee or authorised representative.
- Where the content is. The exact address, not the homepage. For a dynamic code, the short link shown when it is scanned.
- Why it infringes. A brief explanation of the unauthorised use.
- Good-faith statement. That you believe in good faith the use is not authorised by you, your representative or the law.
- Accuracy statement. That the information provided is true and that you act as the rights holder or on their behalf.
- Signature. Handwritten or electronic signature, or equivalent identification in the body of the message.
What we do when we receive it
- Acknowledgement of receipt by email to the address you give.
- Review of the notice. If any essential detail is missing, we ask for it before going further. The one missing most often is the exact address.
- If the notice is sufficiently precise and well founded, the reported content is removed or access to it is blocked.
- The affected person is told why the content was removed and of their right to file a counter-notice.
- If a reasoned counter-notice arrives, it is assessed. The content may be restored, leaving the dispute between the parties.
Response and resolution time: <pedir al cliente>.
If your content was taken down
You can reply through this same form, stating in the subject that it is a counter-notice. We need the same elements: who you are, which content was removed, why you consider the removal incorrect, and a statement that the information is true.
Filing a notice knowing that the content does not infringe any right can make you liable for the damage caused, including the affected party’s defence costs. Manifestly unfounded or abusive notices are filed away and recorded.
Notice form
Data protection information
- Controller
- <pedir al cliente>
- Purpose
- Processing the notice, contacting you and keeping a record of the actions taken.
- Legal basis
- Compliance with a legal obligation of the service provider, Article 6(1)(c) of Regulation (EU) 2016/679, in relation to Article 16 of Regulation (EU) 2022/2065.
- Recipients
- The person affected by the notice, who is told the reason for the removal, and the site’s hosting and email providers (<pedir al cliente>). If the matter goes to court or an administrative authority, the competent bodies.
- Retention
- <pedir al cliente>.
- Rights
- Access, rectification, erasure, objection and restriction, by writing to <pedir al cliente>. You can also complain to the Spanish Data Protection Agency (AEPD). Note that erasure may not apply while the notice is being processed.
- More information
- Full privacy policy.