Copyright and DMCA Policy

Formspace stores imagery our customers upload and produces new imagery from it. This page explains how to report material you believe infringes your copyright, how to respond if your material was removed, what happens to accounts that infringe repeatedly, and what you are responsible for when you upload.

It works alongside our Terms and Conditions and End User License Agreement.

1. Where to send a notice

Send notices of claimed copyright infringement to our designated copyright agent:

• Email: dmca@formspace.us
• Attention: Copyright Agent, Formspace
• Jurisdiction: State of Georgia, United States

This address is for copyright notices only. Privacy requests go to the address in our Privacy Policy, and accessibility reports to the one in our Accessibility Statement.

2. What a notice must contain

So we can act on it, a notice needs all of the following. These are the elements the Digital Millennium Copyright Act requires (17 U.S.C. § 512(c)(3)(A)):

• Your physical or electronic signature, as the copyright owner or someone authorised to act for them.
• Identification of the work you say is infringed — or a representative list, if there are several.
• Identification of the material you say infringes, with enough detail for us to find it. Please give the full image or page URL. File paths here are opaque, and a description on its own will usually not let us identify the right object.
• Your address, telephone number, and email address.
• A statement that you believe in good faith that the use is not authorised by the copyright owner, its agent, or the law.
• A statement that the information is accurate and, under penalty of perjury, that you are authorised to act for the owner.

Please consider whether the use might be licensed or a fair use before sending. Knowingly misrepresenting that material is infringing carries liability under § 512(f).

We may forward your notice, including your identity and its contents, to the customer whose workspace held the material. Do not include anything you are unwilling to have passed on.

3. What we do when we receive one

We acknowledge notices that are complete on their face, and act to remove or disable access to the identified material. If a notice is missing something, we will say which element and give you a chance to supply it. We take reasonable steps to tell the affected customer what was removed, and how to respond.

Two limits worth stating plainly. Images are served from cacheable URLs, so a copy may remain retrievable from intermediary or browser caches for a period after we remove it. And imagery uploaded to Formspace is transmitted to the third-party AI providers that power generation; removing material here does not delete copies those providers may hold, and we do not represent that it does.

4. If your material was removed

If you believe material was removed by mistake or misidentification, you may send a counter-notice to the address in Section 1. Under § 512(g)(3) it must include:

• Your physical or electronic signature.
• Identification of the material and where it appeared before it was removed.
• A statement, under penalty of perjury, that you believe in good faith it was removed by mistake or misidentification.
• Your name, address, and telephone number.
• Your consent to the jurisdiction of the Federal District Court for the district of your address — or, if you are outside the United States, any district where Formspace may be found — and your consent to accept service of process from the party who sent the notice.

We will send a copy to the original complainant and tell them the material may be restored in 10 to 14 business days, unless they first tell us they have filed an action seeking a court order. The same misrepresentation liability applies to counter-notices.

5. Repeat infringers

We terminate, in appropriate circumstances, the accounts of users and the workspaces of customers who repeatedly infringe.

We record a strike when we remove material in response to a complete notice and either no counter-notice follows within the statutory window, or one follows and the complainant obtains relief. A first strike brings notice to the user and their workspace administrator; a second, suspension and a written warning; a third, termination and review of the workspace. Serious cases may skip stages.

In deciding, we consider whether strikes involve the same work or owner, whether an account was made to evade an earlier termination, whether the customer acted to correct the problem, and whether a notice was withdrawn or a counter-notice succeeded. Creating a new account or workspace to get around a termination is itself grounds for termination.

6. The rights in what you upload are yours to have

You may upload only imagery and data you own or are licensed to use for this purpose. This is the control that matters most, because it works before anything is stored. These are the sources that most often turn out not to be cleared:

• Manufacturer and supplier imagery. Usually licensed for particular channels. Permission to show a product on your own site is not automatically permission to make new imagery from it.
• Photographer and studio work. Usually licensed, not assigned. Check the term, territory, permitted media, and whether derivative works are allowed.
• Stock imagery. Many stock licences now prohibit use in AI systems, derivative generation, or redistribution.
• Artwork, interiors, and architecture in a photograph. These carry their own copyrights, separate from the photograph.
• Fabric, wallpaper, and surface designs. Protectable artistic works in their own right. A swatch photograph is not a licence to the pattern.
• A previous employer’s or client’s material. Not yours to bring with you.

Generating from it does not clean it. A render made from material you were not entitled to upload is not a fresh work — it may be a derivative of the input, and both may be actionable.

7. Copyright in generated imagery

We make no representation that generated imagery is protected by copyright, that it is unique, or that it does not resemble someone else’s work. Generation is probabilistic, and similar output may be produced for other customers. How much copyright protection AI-generated material attracts, and who would hold it, is unsettled law.

A complaint about generated imagery is handled the same way as a complaint about an upload. Formspace does not use your content to train its own models.

8. Complaints that are not about copyright

Trademark, right-of-publicity, and privacy complaints are not DMCA matters and carry none of its timelines or protections. We still want to hear about them. Write to dmca@formspace.us marking the subject "Trademark" or "Publicity", with the same locating detail Section 2 asks for. Uploading a photograph of an identifiable person without authorisation is already prohibited by our Terms.

9. Changes

We may update this policy. We will change the date at the top, and material changes take effect on the stated effective date.