Copyright policy - US

Content & IP Rights · Context

Uber Technologies, Inc. states it respects others' intellectual property and expects users to do the same

The policy is issued by Uber Technologies, Inc., which the text defines as "Uber". It opens by stating that Uber respects the intellectual property rights of others and expects its users to do the same. This is the framing for the notification procedure that follows; it is a statement of position, not an operative rule by itself.

Supporting quotations

Notification of Copyright Infringement

Uber Technologies, Inc. ("Uber") respects the intellectual property rights of others and expects its users to do the same.

Qualifications & exceptions

• "Uber" means Uber Technologies, Inc. throughout this policy.

Not stated here

• "Users" is not defined here; which Uber services' users this policy addresses is not stated in this document.

Cross-references

• defines (model-proposed): Uber may disable or terminate accounts of users who repeatedly infringe or are repeatedly charged with infringing — The opening sentence defines Uber as Uber Technologies, Inc.; the repeat-infringer policy names Uber as the actor exercising the discretion to disable or terminate accounts.

Content & IP Rights · User right or choice

A copyright owner, or someone authorized to act for one, may submit a DMCA Notice to Uber's agent

A copyright owner, a person authorized to act on behalf of one, or a person authorized to act under any exclusive right under copyright may submit allegations of copyright infringement on the Site(s). The route is fixed: complete the DMCA Notice of Alleged Infringement (which the policy calls the "Notice") set out in the policy and deliver it to Uber's Designated Copyright Agent. The policy does not describe any other way to report copyright infringement.

Supporting quotations

A copyright owner, person authorized to act on behalf of one, or person authorized to act under any exclusive right under copyright may submit allegations of copyright infringements on the Site(s) by completing the following DMCA Notice of Alleged Infringement and delivering it to Uber’s Designated Copyright Agent.

DMCA Notice of Alleged Infringement ("Notice")

Qualifications & exceptions

• Open to a copyright owner, a person authorized to act on behalf of one, or a person authorized under an exclusive right under copyright.
• Allegations concern infringement "on the Site(s)" as defined in the policy.

Cross-references

• defined by (model-proposed): Uber will respond expeditiously to copyright notices about its "Site(s)", citing the DMCA — The Site(s) term defined in the DMCA response sentence (the Uber website or other Uber-owned and publicly accessible digital properties) is the object of the allegations a copyright owner may submit; the notice route covers infringement on the Site(s) only.
• qualified by (model-proposed): A Notice must identify the infringed work(s) and the infringing content with enough detail to locate it — Submitting allegations means completing the DMCA Notice; identifying the infringed work(s) and the infringing content are two of its required items.
• qualified by (model-proposed): A Notice must give the submitter's contact details, full legal name and a signature — Contact information, full legal name and a signature of the submitter are required items of the DMCA Notice that a copyright owner or authorized person completes.
• qualified by (model-proposed): A Notice must include a good-faith-belief statement and an accuracy statement made under penalty of perjury — Both fixed statements, including the one made under penalty of perjury, are required in the body of the DMCA Notice that a copyright owner or authorized person completes.

Content & IP Rights · Company commitment

On receiving a Notice, Uber will remove or block the content, notify the poster and allow a counter-notice

Upon receipt of a Notice, Uber says it will expeditiously remove or block access to the allegedly infringing content, notify the alleged third-party infringer, and give that third party an opportunity to submit a counter-notice disputing the allegation. The text describes no review of the Notice's merits before removal; the stated trigger is receipt of the Notice, and the delivery instruction requires the Notice to be submitted "with all items completed". The person whose content is removed is told what happened and can respond through the counter-notice route.

Supporting quotations

Upon receipt of this Notice, Uber will expeditiously remove or block access to the allegedly infringing content, notify the alleged third-party infringer of the same, and provide the third-party an opportunity to submit a counter-notice to dispute the alleged infringement.

Deliver this Notice, with all items completed, to Uber’s Designated Copyright Agent:

Qualifications & exceptions

• Trigger: "Upon receipt of this Notice".
• The Notice is to be delivered "with all items completed" to the Designated Copyright Agent.

Not stated here

• Whether Uber acts on an incomplete or defective Notice is not stated.
• No time limit is given for "expeditiously".

Cross-references

• refers to (model-proposed): After a counter-notice, Uber forwards it and restores the content in 10-14 business days unless sued — The action-on-receipt sentence promises the alleged infringer an opportunity to submit a counter-notice; the following sentence sets out what Uber does when one is submitted.
• qualified by (model-proposed): Deliver the completed Notice to Uber's Copyright Agent by post in San Francisco or by email — Uber acts upon receipt of this Notice; the delivery instruction requires the Notice to be delivered with all items completed to the Designated Copyright Agent, so receipt in the policy sense presupposes a complete Notice delivered to that agent.

Content & IP Rights · Company commitment

After a counter-notice, Uber forwards it and restores the content in 10-14 business days unless sued

If the alleged infringer submits a counter-notice, Uber will promptly forward it to the complainant and restore the removed or blocked content within 10-14 business days. The one stated exception: restoration does not happen if the complainant submits evidence that it has filed a lawsuit against the alleged infringer about the content in question. The policy gives no form or content requirements for the counter-notice itself.

Supporting quotations

If a counter-notice is submitted, Uber will promptly forward it to the complainant and restore the removed or blocked content within 10-14 business days, unless the complainant submits evidence that it has filed a lawsuit against the alleged third-party infringer regarding the allegedly infringing content.

Qualifications & exceptions

• Condition: a counter-notice is submitted.
• Exception: the complainant submits evidence that it has filed a lawsuit against the alleged third-party infringer regarding the allegedly infringing content.
• Restoration window: within 10-14 business days.

Not stated here

• What a counter-notice must contain, and how it is sent, is not stated in this policy.
• When the 10-14 business day window starts (receipt of the counter-notice or its forwarding) is not stated.
• Whether content restored and later made subject to a lawsuit is removed again is not stated.

Cross-references

• contrast (model-proposed): Uber may disable or terminate accounts of users who repeatedly infringe or are repeatedly charged with infringing — Reviewed tension, not a contradiction: the counter-notice route restores content when a complainant does not sue, yet the account policy may be triggered by users repeatedly charged with infringing, which on its wording counts accusations as well as proven infringement. The policy does not say whether a successful counter-notice removes a charge for repeat-infringer purposes.
• referred to by (model-proposed): On receiving a Notice, Uber will remove or block the content, notify the poster and allow a counter-notice — The action-on-receipt sentence promises the alleged infringer an opportunity to submit a counter-notice; the following sentence sets out what Uber does when one is submitted.

Content & IP Rights · Procedure

A Notice must identify the infringed work(s) and the infringing content with enough detail to locate it

The Notice must identify the copyrighted work that has been infringed; if several works are covered by one Notice, a representative list is enough. It must also identify the infringing content and give sufficient information for Uber to locate it, including, where applicable, the URL(s) of the Site(s) where the content can be found.

Supporting quotations

Identify the copyrighted work that has been infringed, or - if multiple copyrighted works are covered by this Notice - provide a representative list of the copyrighted works that have been infringed.

Identify the infringing content and provide sufficient information for Uber to locate the infringing content, including, if applicable, the URL(s) of the Site(s) where the content may be found.

Qualifications & exceptions

• Multiple works: a representative list of the infringed works is acceptable.
• URL(s) are required "if applicable".

Cross-references

• qualifies (model-proposed): A copyright owner, or someone authorized to act for one, may submit a DMCA Notice to Uber's agent — Submitting allegations means completing the DMCA Notice; identifying the infringed work(s) and the infringing content are two of its required items.

Content & IP Rights · Procedure

A Notice must give the submitter's contact details, full legal name and a signature

The Notice must include contact information for the person submitting it, for example a mailing address, telephone number and email address, and the full legal name and an electronic or physical signature of that person. The submitter may be the copyright owner or the owner's agent. Because the policy says a counter-notice is forwarded to the complainant, these details are the channel through which Uber contacts the submitter.

Supporting quotations

Provide contact information, e.g., mailing address, telephone number, and email address, of the person submitting this DMCA Notice (e.g., the copyright owner or copyright owner’s agent).

Provide the full legal name and an electronic or physical signature of the person submitting this Notice (e.g., the copyright owner or copyright owner’s agent).

Qualifications & exceptions

• Submitter may be the copyright owner or the copyright owner's agent.
• Signature may be electronic or physical.

Not stated here

• Whether Uber shares the submitter's contact details with the alleged infringer when it notifies them is not stated in this policy.

Cross-references

• qualifies (model-proposed): A copyright owner, or someone authorized to act for one, may submit a DMCA Notice to Uber's agent — Contact information, full legal name and a signature of the submitter are required items of the DMCA Notice that a copyright owner or authorized person completes.

Content & IP Rights · Procedure

Deliver the completed Notice to Uber's Copyright Agent by post in San Francisco or by email

The completed Notice goes to Uber's Designated Copyright Agent: "Copyright Agent, c/o Uber Technologies, Inc., 1725 3rd Street, San Francisco, CA 94158", or by email to the takedowns address at uber.com, which the page prints in obfuscated form as "takedowns [at] uber [dot] com". The policy says the Notice should be delivered "with all items completed".

Supporting quotations

Deliver this Notice, with all items completed, to Uber’s Designated Copyright Agent:

Copyright Agent

c/o Uber Technologies, Inc.

1725 3rd Street

San Francisco, CA 94158

takedowns [at] uber [dot] com

Qualifications & exceptions

• Deliver the Notice "with all items completed".
• The email address is printed in obfuscated form on the page.

Not stated here

• Whether Uber accepts notices through any other channel (for example an in-app form) is not stated.

Cross-references

• qualifies (model-proposed): On receiving a Notice, Uber will remove or block the content, notify the poster and allow a counter-notice — Uber acts upon receipt of this Notice; the delivery instruction requires the Notice to be delivered with all items completed to the Designated Copyright Agent, so receipt in the policy sense presupposes a complete Notice delivered to that agent.
• qualified by (model-proposed): Messages to the Copyright Agent unrelated to copyright are discarded; other legal requests go elsewhere — The Designated Copyright Agent address and email are for copyright notices only; communications unrelated to copyright use or infringement sent there will be discarded.