DMCA & Copyright Policy

1. Overview

The Political Transparency Project ("PTP") respects the intellectual property rights of others. PTP complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, as amended.

This policy describes:

• How to submit a DMCA notice of claimed copyright infringement
• How PTP responds to valid notices
• How an affected user may submit a counter-notice
• PTP's repeat-infringer policy

PTP's role under the DMCA is primarily as a publisher of editorial content and primary-source data, not as a hosting platform for user-generated content. However, in the event that material on PTP-operated services is claimed to infringe a third-party copyright, this policy describes the process.

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2. Designated Agent

In accordance with 17 U.S.C. § 512(c)(2), PTP has designated the following agent to receive notifications of claimed copyright infringement:

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3. How to Submit a DMCA Notice

To submit a notice of claimed copyright infringement, please send a written communication to PTP's Designated Agent (§ 2) that includes substantially all of the following information, as required by 17 U.S.C. § 512(c)(3)(A):

3.1 Required elements

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, a representative list of such works will suffice.

3. Identification of the material that is claimed to be infringing, including:

   • A URL (or URLs) where the material is located on PTP-operated services
   • A specific description of the material
   • Any other information reasonably sufficient to allow PTP to locate the material

4. Contact information for the complaining party:

   • Address
   • Telephone number
   • Email address

5. A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement, under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.2 Submission format

We accept DMCA notices by:

• Email to PolTraPro@proton.me (preferred for speed)
• Mail to the Designated Agent address in § 2

Notices that are incomplete or fail to substantially comply with 17 U.S.C. § 512(c)(3) may not result in expedited response and may be returned for correction.

3.3 False or misleading notices

Section 512(f) of the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by PTP. Do not submit a DMCA notice if you are not the copyright owner or authorized to act on the owner's behalf.

PTP reserves the right to seek 17 U.S.C. § 512(f) damages and attorneys' fees against complainants who submit false or knowingly misleading DMCA notices, including notices used as pretext to suppress journalism or legitimate public-interest commentary.

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4. PTP's Response

4.1 Review

Upon receipt of a notice that substantially complies with 17 U.S.C. § 512(c)(3), PTP will:

• Acknowledge receipt within 5 business days
• Review the notice for facial validity and legal sufficiency
• Determine whether the material at issue is editorial PTP-original content, primary-source data, third-party content, or a mixed work
• Consider applicable defenses (fair use, fair report privilege, news exception under 11 C.F.R. § 104.15, public domain)

4.2 Action on valid notices

If the notice is facially valid and the claim is not obviously defective:

• PTP may remove or disable access to the allegedly infringing material expeditiously
• PTP will notify the affected user (if any) of the removal
• PTP will provide the affected user with a copy of the notice (with the complaining party's address and phone number redacted if requested)

4.3 PTP's reservation of rights

PTP reserves the right to decline removal where, in PTP's good-faith determination:

• The material is in the public domain (e.g., FEC filings, Congressional records)
• The use is plainly within the fair-use doctrine, 17 U.S.C. § 107
• The use is protected by the news exception to 11 C.F.R. § 104.15, the fair-report privilege, or the First Amendment
• The notice is being used as pretext to suppress journalism, public-interest commentary, or constitutionally protected speech

In such cases, PTP will respond to the complainant explaining the basis for declining removal. The complainant retains the right to pursue legal remedies, but PTP will assert applicable defenses including the news exception and the First Amendment.

4.4 Editorial integrity

PTP places strong public value on editorial integrity and the protection of legitimate journalism. PTP will not remove editorial content as a result of a facially defective or pretextual DMCA notice. PTP will resist DMCA abuse used to suppress reporting on matters of public concern.

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5. Counter-Notice Procedure

If you believe your material was removed or disabled by mistake or as a result of misidentification, you may submit a counter-notice under 17 U.S.C. § 512(g).

5.1 Required elements

Your counter-notice must include substantially all of the following, as required by 17 U.S.C. § 512(g)(3):

1. Your physical or electronic signature
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
4. Your contact information:
   • Name
   • Address
   • Telephone number
   • Email address
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the United States, for any judicial district in which PTP may be found), and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person

5.2 Submission

Submit counter-notices to the Designated Agent at the contact information in § 2.

5.3 PTP's response to counter-notice

Upon receipt of a counter-notice that substantially complies with 17 U.S.C. § 512(g)(3), PTP will:

• Forward the counter-notice to the original complainant
• Notify the original complainant that PTP will restore access to the disputed material in not less than 10 nor more than 14 business days unless the complainant first notifies PTP that it has filed an action seeking a court order to restrain the alleged infringer
• Restore access to the disputed material within that window if no such notice from the complainant is received

5.4 False or misleading counter-notices

17 U.S.C. § 512(f) applies equally to counter-notices that knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification.

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6. Repeat-Infringer Policy

In accordance with 17 U.S.C. § 512(i)(1)(A), PTP has adopted a policy to terminate, in appropriate circumstances, the accounts of users (and Subscribers to the Commercial API) who are repeat infringers of copyright.

6.1 Repeat infringer determination

A "repeat infringer" is a user or Subscriber for whom:

• PTP has received two (2) or more valid DMCA notices regarding distinct works within any twelve-month period, and
• PTP has determined in good faith that the notices were valid (not pretextual) and that the user or Subscriber was responsible for the alleged infringement, or
• A court of competent jurisdiction has determined that the user or Subscriber infringed a copyright

6.2 Termination

Upon a repeat-infringer determination, PTP will:

• For Site users: terminate account features (watchlist, newsletter subscription)
• For Commercial API Subscribers: terminate API access and refuse to issue new API keys
• For Editorial Content contributors: cease engagement

6.3 Appeal

A user or Subscriber who believes a repeat-infringer determination was made in error may appeal in writing to PolTraPro@proton.me within 30 days of termination. PTP will review the appeal in good faith.

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7. Limitations of This Policy

7.1 Public-domain material

Primary-Source Data displayed on the Site (FEC filings, Congressional records, etc.) is in the public domain. Public-domain material is not subject to copyright and cannot be the subject of a valid DMCA notice. A DMCA notice claiming infringement of public-domain material will be rejected.

7.2 Fair use and journalism

DMCA notices that target content protected by fair use, the news exception to 11 C.F.R. § 104.15, the fair-report privilege, or the First Amendment will be evaluated with substantial weight given to the protected use. PTP will not facilitate the use of the DMCA to suppress journalism, public-interest commentary, or constitutionally protected speech.

7.3 No legal advice

This policy is procedural. It is not legal advice. If you are uncertain whether you have a valid copyright claim or counter-claim, consult an attorney.

7.4 Defamation, privacy, and other claims

This policy addresses copyright infringement only. For complaints regarding defamation, privacy, right of publicity, or other claims, contact PTP at PolTraPro@proton.me with a description of the claim. PTP's response to non-copyright claims is governed by applicable law and by PTP's Editorial Standards & Methodology Statement.

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8. Changes to This Policy

PTP may update this policy from time to time. Material changes will be posted to this page with a revised "Last revised" date. The Designated Agent registration is current as of the date listed in § 2 and must be renewed with the U.S. Copyright Office every 3 years.

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9. Contact

Designated Agent address: Designated Agent registration with the U.S. Copyright Office is pending; pending registration, the electronic contact below is the operative channel. PolTraPro LLC Service-of-process address available on written request via PolTraPro@proton.me