FAQ about DMCA

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We understand the DMCA process can be confusing at times, so here are some of the most commonly asked questions we receive regarding this important law.

What is DMCA?

DMCA stands for Digital Millennium Copyright Act, a federal law passed by the United States Congress that IMVU users and non-users alike can rely on to address instances where they feel that their intellectual property has been infringed. 

When would I use the DMCA process?

You may use the DMCA process when you feel your property has been infringed or when you believe someone may have filed a false claim against you. The DMCA process is designed to have steps that provide a pathway for both the claimant and the counter-claimant to seek resolution. 

How do I file a DMCA complaint?

Check out this article for more detail on filing a DMCA claim.

If someone files a false DMCA against my product will it automatically be taken down?

The DMCA requires IMVU to expeditiously remove or disable access to the item that is being claimed as infringing by the filer of the DMCA complaint. Before doing so, we make sure that the documentation is in order and that a real person has signed the complaint. If you believe your item was removed erroneously, you have the right to file a counter-notification.

If someone files a false DMCA against my shop will their shop automatically be taken down?

If IMVU Official believes that a user of IMVU is either (a) abusing the Digital Millennium Copyright Act (DMCA) process with filings that appear to be without basis or (b) by repeatedly posting infringing content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing user’s account. Keep in mind, though, that IMVU Official's actions still do not determine the actual outcome of copyright disputes. In the US, copyright is assigned by the Federal government and governed by existing legal systems.

Can there be a deadline to counter a DMCA claim instead of having a shop or product taken down without notice?

We are required by the DMCA to expeditiously process any correctly logged claim that follows the DMCA process, and this includes immediately removing the item that is claimed to have infringed the rights of the claimant. These products are not immediately deleted, however, and if you believe, in good faith, that your items were erroneously removed, you have the right to file a counter-notification which IMVU will also expeditiously process. 

Someone filed a false DMCA against me that was obviously incorrect, but my product was taken down anyway. Why?

A claim that may be obviously false to you may not be as obvious to our DMCA agent, and the DMCA process requires that we maintain an objective view of the process. This is why the counter-notification process exists. 

Why do Creators not receive warnings before their accounts are suspended or disabled?

Creators almost always do receive warnings when they are violating our Terms of Service. In limited circumstances where we discover that the TOS violation is egregious enough, we may choose to suspend or disable an account immediately. Some examples of these scenarios include obvious attempts to hide inappropriate content from public view in order to skirt our rules or developing products that are intentionally hiding UFI triggers or textures. 

Why can’t Creators whose accounts have been terminated collect their earnings?

If a creator has a positive money account balance at a time when the creator's account is suspended from IMVU, or if the creator's account is voluntarily terminated, then IMVU will make payment out to the creator (if all other conditions to eligibility for payment are and remain satisfied) on the June 30 or December 30, whichever occurs first following the three month anniversary of the suspension or voluntary termination of the account, as applicable. Generally, if an account has been permanently banned, they will unlikely be able to withdraw any money they may have accrued in the Earn Money program. 

What are possible reasons for an account / catalog to be put on hold or disabled?

If IMVU Official believes that a user of IMVU is either (a) abusing the Digital Millennium Copyright Act (DMCA) process with filings that appear to be without basis or (b) by repeatedly posting infringing content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing user’s account. Keep in mind, though, that IMVU Official's actions still do not determine the actual outcome of copyright disputes. In the US, copyright is assigned by the Federal government and governed by existing legal systems

What can I do if my account is suspended or disabled?

If you receive a message or email saying that your account has been restricted or banned due to DMCA or other copyright concerns, you can contact DMCA by sending an email to dmca_agent@imvu.com and see if there is anything you can do to have your account reactivated. In some cases, the ban is permanent, but in many cases, we just need you to answer some questions or provide documentation in order to have your account returned.