Copyright
1. Applicable legal regime
WishPride acts as a hosting provider within the meaning of article 6-I-2 of the French Law for Confidence in the Digital Economy (LCEN) of 21 June 2004 and of Regulation (EU) 2022/2065 of 19 October 2022 (Digital Services Act, DSA). As such, we are not bound by a general obligation to monitor the content published by our users (LCEN art. 6-I-7, DSA art. 8). We nonetheless undertake to promptly remove any manifestly infringing content reported to us under the procedure below ('notice and takedown'). For notifications from rightsholders established in the United States, we also process notifications compliant with section 512 of the Digital Millennium Copyright Act (DMCA).
2. Infringement notification procedure
To report content published on WishPride that infringes your intellectual property rights, send an email to copyright@wishpride.com. In accordance with article 6-I-5 of the French LCEN, your notification must imperatively contain the following elements under penalty of inadmissibility: • Your full name, profession, address, nationality, date and place of birth (for natural persons) or company name and registered office (for legal persons), as well as a valid email address. • A precise description of the disputed facts and their exact location on WishPride (URLs of the contents concerned). • A description of the original work whose protection is invoked and justification of your rights over it (proof of ownership, registration certificate, rightsholder mandate, etc.). • The grounds in law why the content should be removed. • A copy of the prior correspondence you sent to the author of the disputed content asking for removal, or justification of the impossibility of carrying out this prior step. • A declaration of honour as to the truthfulness of the information communicated. Any incomplete notification will be rejected with a request for completion.
3. Processing deadlines
Your notification is reviewed by our teams within a target time of 24 working hours from receipt. If considered well-founded, the disputed content is removed or made inaccessible within a target time of 48 working hours. The author of the removed content is informed of the decision and its reasons (see our DSA page, /legal/dsa, section 6) and has a right of counter-notification (see below).
4. Counter-notification
If you are the author of content removed on WishPride following a notification you consider unfounded, you may exercise a right of counter-notification by writing to copyright@wishpride.com within 30 days from the notification of removal. Your counter-notification must include: • Your full contact details (identity, address, email). • Precise identification of the removed content (initial URL). • The factual and legal grounds why you consider the removal unfounded (ownership of rights, licence, statutory exception, parody, quotation, etc.). • A declaration of honour of good faith. • Your acceptance of the jurisdiction of French courts in case of dispute with the author of the initial notification. Your counter-notification is reviewed within 7 working days. If considered well-founded, the content is restored and the author of the initial notification is informed.
5. Anti-recidivism policy
In accordance with article 23 of the DSA and our Content Policy, accounts subject to several well-founded infringement notifications may be suspended or terminated under a 'three strikes' principle: formal warning on the first well-founded notification, temporary suspension of at least 7 days on the second, permanent account termination on the third over a rolling 12-month period. The assessment takes into account the seriousness, the manifest intent and the repetitive character of the infringements.
6. Sanctions for false notifications
Manifestly abusive or intentionally false notifications engage the civil and criminal liability of their author. On the civil side, article 1240 of the French Civil Code provides a right to compensation for the prejudice suffered by the author of wrongly removed content or by WishPride. On the criminal side, false denunciation (article 226-10 of the French Penal Code) is punishable by 5 years' imprisonment and a €45,000 fine. Accounts issuing several manifestly abusive notifications may have their access to the reporting mechanism suspended, in accordance with article 23 of the DSA.
7. DMCA notifications (United States)
For rightsholders established in the United States wishing to invoke the specific procedure of the Digital Millennium Copyright Act (DMCA, 17 U.S.C. §512), the notification must additionally include a statement under penalty of perjury affirming the authenticity of the information provided and the ownership of the right invoked, as well as a physical or electronic signature. WishPride has not registered a designated DMCA agent with the U.S. Copyright Office in V1, the service being primarily EU-oriented; this designation may be made if the volume of DMCA notifications justifies it.
8. Governing law and competent courts
These rules are governed by French law. Any dispute relating to a notification or counter-notification sent to WishPride will be subject to the exclusive jurisdiction of French courts, in particular the Tribunal judiciaire of Montpellier (place of establishment of the publisher) or the Tribunal judiciaire of Paris for matters falling within its exclusive territorial competence in intellectual property (concurrent jurisdiction of the TJ of Paris on trademarks and patents under CPI art. L211-10).