DMCA Policy

1. Introduction to Copyright and the DMCA

Copyright law protects the original creative and intellectual work of authors, artists, publishers, photographers, software developers, cartographers, and other creators by granting them exclusive rights to reproduce, distribute, display, perform, and create derivative works based on their protected works. In the digital environment, copyright infringement — the unauthorised copying, distribution, or display of protected works — can occur at scale and speed that would have been unimaginable in the analogue era.

The Digital Millennium Copyright Act of 1998 (DMCA), codified at 17 U.S.C. § 512 et seq., addresses this challenge by establishing a “notice and takedown” framework. Under this framework, online service providers who host user-submitted content can qualify for “safe harbour” protection from copyright liability — meaning they are not liable for infringing content posted by their users — provided they comply with specific obligations. These obligations include: designating a DMCA agent to receive infringement notices; promptly removing or disabling access to allegedly infringing material upon receipt of a valid takedown notice; notifying the user whose content was removed; restoring removed content if a valid counter-notice is filed and no legal action is initiated; and implementing and enforcing a repeat infringer policy.

HeyMariner (“we,” “us,” or “our”) operates a maritime intelligence platform at heymariner.com that publishes original editorial content authored by our team, hosts user-generated contributions, aggregates and displays publicly available maritime data, and displays photographs and other media. We take copyright seriously — both as the owner of intellectual property rights in our own original content and as a platform that must respect the rights of third-party copyright owners whose works may be referenced, reproduced, or displayed through our service.

This DMCA Policy describes our procedures for receiving and processing copyright infringement notices and counter-notices, our repeat infringer policy, our approach to fair use in the maritime context, and the specific intellectual property considerations that arise in connection with maritime charts, navigational publications, AIS data, and other maritime-specific content categories.

This Policy applies to all content published on or accessible through heymariner.com and any subdomain thereof. Nothing in this Policy limits or waives any rights available to copyright owners under applicable law, nor does it expand beyond applicable law the rights available to users or content contributors. If you have questions about this Policy, you may contact our DMCA agent using the details provided in Section 5.

2. Our Commitment to Intellectual Property Rights

HeyMariner is committed to respecting and protecting the intellectual property rights of creators, publishers, hydrographic offices, maritime organisations, and all other rights holders. This commitment is grounded in both legal obligation and professional principle: as a publisher of original maritime content ourselves, we understand the investment of time, expertise, and resources that goes into creating high-quality maritime knowledge resources, and we are determined to ensure that our platform does not become a vehicle for the unauthorised use of others' creative work.

The maritime industry relies on a rich ecosystem of published works — including official navigational charts issued by national hydrographic offices, Admiralty Sailing Directions and port guides published by the UKHO, IMO publications including the SOLAS consolidated edition, MARPOL consolidated edition, STCW consolidated text, and the IAMSAR Manual, classification society rules and technical guidelines, maritime textbooks and training materials, professional maritime photography, and a wide range of digital maritime datasets. These works are protected by copyright and, in many cases, have significant commercial and safety value that depends on the copyright owner's ability to control their distribution and use.

HeyMariner's approach to third-party copyrighted content is guided by the following principles:

• Licence before use: we obtain appropriate licences for any third-party copyrighted material we wish to reproduce, display, or distribute through HeyMariner, including licences for AIS data, chart tile data, and photographic content.
• Attribution: we provide clear attribution to third-party sources for all data, images, and content that we are licensed or permitted to display, in accordance with the terms of the relevant licence.
• Fair use with care: where we rely on the fair use doctrine (17 U.S.C. § 107) or equivalent fair dealing provisions under applicable law to reproduce limited portions of third-party works — for example, quoting from IMO regulations for commentary, criticism, or educational purposes — we do so conservatively and in compliance with applicable law.
• Responsive takedown: when we receive a valid DMCA takedown notice identifying infringing content on our platform, we act promptly to remove or disable access to the identified material, typically within 48 hours of receipt of a complete and valid notice.
• Education over infringement: we actively train our editorial contributors on copyright law principles applicable to maritime content creation, to prevent inadvertent infringement before it occurs.

We also recognise our obligations as a rights holder. The original content created by HeyMariner's editorial team — including articles, maritime wiki entries, original vessel research, editorial graphics, platform interface designs, and proprietary software — is protected by copyright, and we will take appropriate action to protect our rights where our content is reproduced without authorisation. For licensing enquiries relating to HeyMariner's own content, please contact us using the details in Section 16.

3. HeyMariner's Original Content

HeyMariner produces a substantial body of original maritime content through its team of nine Master Mariners, five Chief Engineers, seventeen deck officers, thirteen marine engineers, and numerous volunteer contributors with professional maritime backgrounds. This original content constitutes intellectual property owned by HeyMariner and is protected by copyright under applicable law.

Editorial Articles and News

HeyMariner publishes original editorial articles covering maritime safety, regulatory developments, shipping market analysis, port operations, seafarer welfare, maritime history, ship technology, and environmental issues. These articles are original works of authorship written or commissioned by our editorial team, incorporating the professional expertise of qualified mariners and maritime specialists. The selection, arrangement, and expression of information in these articles — including research, analysis, commentary, and the specific formulation of sentences and paragraphs — is protected by copyright. Factual information contained in articles is not itself copyrightable, but the original expression of that information is.

Maritime Wiki Pages and Reference Content

HeyMariner maintains an original maritime knowledge base — a wiki-style reference covering maritime terminology, vessel types, equipment descriptions, regulatory framework explanations, port profiles, canal and strait descriptions, and seafarer career guidance. The original text, structure, and organisation of this knowledge base is the result of significant editorial investment and is protected by copyright. Where wiki entries are derived from or build upon publicly available information, the originality of our contribution lies in the selection, arrangement, research synthesis, and editorial expression.

Original Graphics, Diagrams, and Visualisations

Where HeyMariner produces original infographics, technical diagrams, vessel cross-section illustrations, port layout diagrams, or data visualisations — whether created by our design team or by maritime professional contributors — these graphic works are protected by copyright. They may not be reproduced, downloaded, or republished without our prior written permission.

Platform Interface and Branding

The HeyMariner platform interface — including its visual design, layout, colour scheme, typography, navigation structure, and user interface components — constitutes an original creative work protected by copyright. The HeyMariner name, logo, and brand elements are also protected as trade marks. Reproduction of platform design elements or brand assets without authorisation is prohibited.

To request permission to reproduce, quote from, or publish HeyMariner original content, or to enquire about licensing our content for use in maritime training materials, publications, or other platforms, please contact us at heymariner@gmail.com. We consider licensing requests on a case-by-case basis and generally look favourably on educational and non-commercial uses of our content with appropriate attribution.

4. Maritime Data and Third-Party Sources

HeyMariner aggregates data from numerous third-party maritime sources. Understanding the copyright status of these data sources is important for users of the platform and for rights holders seeking to understand how their data is used.

IMO Publications

Publications of the International Maritime Organization — including SOLAS, MARPOL, the STCW Convention and Code, the ISM Code, the ISPS Code, the IAMSAR Manual, IMO resolutions, MSC and MEPC circulars, and other official IMO instruments — are copyright works owned by the IMO. HeyMariner references, summarises, and provides educational commentary on IMO publications but does not reproduce the complete texts of IMO publications on our platform without authorisation. Where short excerpts from IMO publications are quoted for commentary, analysis, or educational purposes, we do so in reliance on fair use principles and with appropriate attribution to the IMO.

Users who require the full text of IMO publications for operational, legal, or compliance purposes should obtain them directly from the IMO Publishing website (store.imo.org), from authorised national distributors, or through the flag state's maritime administration. HeyMariner's summaries and references to IMO instruments do not substitute for the official texts and should not be relied upon for regulatory compliance purposes.

AIS Data

The AIS position data displayed on HeyMariner is obtained from commercial maritime data providers under licence. The raw AIS radio transmissions originate from vessels at sea and are received by receiver networks operated by our data providers. The compilation, processing, aggregation, and delivery of AIS data as a structured database product is a value-added service created by these providers, and copyright in the structured database product may be owned by them (subject to applicable database rights law in relevant jurisdictions). HeyMariner's licence to display AIS data does not extend to permitting the systematic extraction or wholesale downloading of AIS data by platform users. Automated scraping of AIS data from HeyMariner is prohibited under our Terms of Service.

Port Authority and Flag State Data

Port authority websites, flag state ship registers, and maritime administration databases may be protected by copyright and database rights. Where HeyMariner aggregates port profiles and vessel registration data from these sources, we do so in reliance on applicable fair use, open data policies, or data licensing arrangements. We include source attributions and links to official sources where available. Copyright in official government publications may vest in the relevant government, and the applicable terms differ by jurisdiction.

Classification Society Data

Classification society vessel registers (Lloyd's Register, DNV, Bureau Veritas, ABS, ClassNK, RINA, CCS, BV, KRS, PRS, etc.) are proprietary databases compiled by the relevant classification societies. HeyMariner references publicly available vessel class information but does not reproduce proprietary classification society survey data or rules without appropriate licensing or attribution. The class rules of each society are protected by copyright; summaries and analyses of those rules on HeyMariner are original editorial works.

5. Designated DMCA Agent

In accordance with 17 U.S.C. § 512(c)(2), HeyMariner has designated a DMCA agent to receive notifications of claimed copyright infringement. All DMCA takedown notices, counter-notifications, and copyright-related correspondence should be directed to our designated DMCA agent using the contact information below.

We recommend submitting DMCA notices by email for the fastest processing. Our designated DMCA agent monitors this email address on business days and aims to acknowledge receipt of all notices within two (2) business days. Please note that the DMCA agent contact above is reserved for copyright infringement matters only. Other enquiries — including general support, advertising, data licensing, or press enquiries — should be directed to the general contact email at heymariner@gmail.com.

HeyMariner has registered its designated DMCA agent with the United States Copyright Office as required by 17 U.S.C. § 512(c)(2). The DMCA agent registration information on file with the Copyright Office is consistent with the contact details provided above. Any changes to our designated DMCA agent will be promptly updated in this Policy and in the Copyright Office registry.

6. How to Submit a DMCA Takedown Notice

If you believe that content appearing on HeyMariner infringes your copyright — or a copyright you are authorised to act on behalf of — you may submit a DMCA takedown notice to our designated DMCA agent. To be valid and actionable under 17 U.S.C. § 512(c)(3), your notice must include all six of the required statutory elements described below. Notices that are incomplete, inaccurate, or do not comply with the statutory requirements may not be processed.

6.1 Required Elements of a Valid DMCA Notice

Your DMCA takedown notice must include all of the following elements:

6.2 Where to Send Your Notice

Send your completed DMCA takedown notice to our designated DMCA agent by email at heymariner@gmail.com with the subject line “DMCA Takedown Notice.” Alternatively, you may send a written notice by postal mail to: HeyMariner, Duncan Ave, Jersey City NJ 07304, United States. Email submission is strongly preferred as it enables faster processing.

6.3 What Happens Next

Upon receipt of your notice, our DMCA agent will review it for completeness and validity. If the notice is complete and meets the statutory requirements, we will:

1. Acknowledge receipt of the notice by email, typically within two (2) business days.
2. Take prompt action to remove or disable access to the identified allegedly infringing material — typically within 48 hours of receiving a complete, valid notice, and in no case more than 10 business days.
3. Notify the user who posted the allegedly infringing content that their content has been removed and provide them with a copy of the notice (with your contact information).
4. Inform the user of their right to submit a counter-notice if they believe the content was removed in error.

If the notice is incomplete or does not meet statutory requirements, we will notify you of the deficiency and request the missing information. We will not process incomplete notices until the required information is provided.

6.4 Processing Timeline

Our target processing timeline for DMCA notices is as follows: acknowledgment of receipt within 2 business days; review for completeness within 3 business days; removal or disabling of identified material within 48 hours of a complete and valid notice being confirmed; notification to the content poster within 24 hours of removal. We aim to resolve all straightforward takedown requests within 5 to 7 business days from initial receipt of a complete notice. Complex cases involving disputed fair use, maritime data licensing, or novel legal questions may require additional time.

7. Counter-Notification Procedure

If you believe that content you posted on HeyMariner was removed or had access disabled as a result of a DMCA takedown notice that was submitted by mistake or was based on a misidentification of your material as infringing, you have the right to submit a DMCA counter-notification under 17 U.S.C. § 512(g). The counter-notification procedure allows you to challenge the takedown and request that the removed material be restored to the platform.

Required Elements of a Counter-Notice

To be valid under 17 U.S.C. § 512(g)(3), your counter-notice must include all of the following elements:

1. Your physical or electronic signature. Your typed full legal name is sufficient for an electronic signature.
2. Identification of the removed material. A description of the material that was removed or to which access was disabled, and the location on HeyMariner where it appeared before removal (e.g., the URL of the page from which it was removed).
3. Good faith belief statement. 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 to be removed or disabled. This might be because: the content does not infringe any copyright; the copyright claim is invalid or not owned by the complainant; or your use of the content constitutes fair use, fair dealing, or is otherwise legally permitted.
4. Your contact information. Your name, address, telephone number, and email address.
5. Consent to jurisdiction. 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 your address is outside the United States, any judicial district in which HeyMariner may be found), and that you will accept service of process from the person who submitted the original DMCA notice or their agent.

Process Following a Counter-Notice

Upon receipt of a valid counter-notice, HeyMariner will forward a copy of the counter-notice to the original DMCA complainant. The complainant then has 10 to 14 business days to notify us that they have filed a legal action seeking an injunction to prevent the restoration of the removed material. If HeyMariner does not receive such notification within this period, we will restore the removed material to the platform — typically within 10 to 14 business days of sending the counter-notice to the complainant.

If the original complainant does file a legal action and notifies us within the period, the content will remain removed pending the outcome of that legal action. HeyMariner is not a party to any dispute between a DMCA complainant and the user whose content was removed; we are acting as a neutral intermediary pursuant to our legal obligations under 17 U.S.C. § 512.

Please note that submitting a false counter-notice — for example, if you do not genuinely believe that the material was removed by mistake and the content does in fact infringe copyright — can expose you to significant legal liability under 17 U.S.C. § 512(f), including liability for damages and attorneys' fees. We strongly encourage you to consult a qualified copyright attorney before submitting a counter-notice if you are uncertain about whether your use of the removed material is legally permissible.

8. Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i)(1)(A), HeyMariner maintains and enforces a policy for the termination of accounts of users who are repeat infringers. This policy is a condition of our eligibility for DMCA safe harbour protection and reflects our genuine commitment to preventing our platform from being used to systematically infringe third-party copyright.

A user may be designated as a repeat infringer and subject to account termination in any of the following circumstances:

• HeyMariner receives two or more valid, complete DMCA takedown notices identifying copyright-infringing material submitted or associated with that user's account within any rolling twelve-month period.
• A user repeatedly submits substantially similar content that has previously been identified as infringing pursuant to a valid DMCA notice.
• A user is found by a court of competent jurisdiction to have infringed copyright in connection with content posted on HeyMariner.
• A user openly admits to intentional copyright infringement in communications with HeyMariner or in public statements associated with their use of the platform.
• A user engages in a systematic pattern of submitting copyrighted third-party material — such as uploading screenshots of official navigational charts, copying text from IMO publications, or reproducing classification society rules in bulk — without authorisation, even if individual notices have not yet been filed.

We evaluate repeat infringer designations on a case-by-case basis, taking into account all relevant circumstances, including: the nature and scope of the infringement; whether valid counter-notices were filed and upheld; whether the infringement appears to be inadvertent or deliberate; whether the user has demonstrated a pattern of behaviour; and whether the user has taken steps to rectify the infringement after notification.

HeyMariner maintains records of all DMCA notices received, counter-notices submitted, and account actions taken in connection with copyright infringement, for a period of at least three (3) years from the date of each action. These records are available to competent authorities or courts in appropriate legal proceedings.

Users whose accounts are terminated for repeat infringement may contact our DMCA agent to appeal the termination decision. Appeals will be considered in good faith, but account reinstatement is not guaranteed, particularly in cases of deliberate or systematic infringement. Former users whose accounts are terminated for infringement are not permitted to create new accounts on HeyMariner without our express permission.

9. User-Generated Content Policy

HeyMariner may allow registered users to contribute content to the platform, including: corrections and additions to port database entries; vessel records corrections; contributions to the maritime wiki knowledge base; discussion forum posts and community comments; uploaded photographs of vessels, ports, and maritime facilities; and feedback on articles and data.

By submitting any content to HeyMariner, users represent and warrant that:

• They are the original author or creator of the content, or have obtained all necessary rights, licences, and permissions to submit the content to HeyMariner and to grant HeyMariner the licence described below.
• The content does not infringe any copyright, trade mark, database right, or other intellectual property right of any third party.
• The content does not include any material that has been copied from a third-party source — including official navigational charts, IMO publication text, classification society rules, or copyrighted photographs — without authorisation.
• They have the legal capacity and authority to submit the content and to grant the licence rights described herein.

By submitting content to HeyMariner, users grant HeyMariner a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display the submitted content in connection with the operation of the HeyMariner platform and in any derivative products or services.

HeyMariner does not pre-screen all user-generated content before it appears on the platform but reserves the right to review, edit, or remove any user-submitted content at any time and for any reason, including if the content appears to infringe third-party copyright. Users who submit infringing content are solely responsible for any infringement and indemnify HeyMariner against any claim arising from their submission.

If you believe that user-submitted content on HeyMariner infringes your copyright, please submit a DMCA takedown notice using the procedure described in Section 6. The DMCA procedure applies to user-submitted content in the same way as it applies to any other content on the platform.

10. Fair Use Considerations in the Maritime Context

The fair use doctrine (17 U.S.C. § 107) permits the use of copyrighted material without the rights holder's permission in certain circumstances, including commentary, criticism, news reporting, teaching, scholarship, and research. The fair use analysis is fact-specific and considers four statutory factors: (1) the purpose and character of the use (including whether it is commercial or non-profit educational); (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used; and (4) the effect on the market for the original work.

In the maritime context, several categories of third-party copyrighted content arise in ways that may implicate fair use principles. HeyMariner considers the following in its editorial and content development processes:

Quoting Maritime Regulations and IMO Instruments

HeyMariner editorial articles frequently reference and quote from SOLAS, MARPOL, the STCW Code, the ISM Code, and other IMO instruments for the purposes of explanation, commentary, and educational analysis. Short quotations from these instruments — typically one to several paragraphs — used in the context of educational commentary or regulatory analysis are generally considered fair use because: the purpose is informational and educational rather than commercial reproduction; the character of the use is transformative (adding analysis and context); only limited portions of the full published instrument are reproduced; and such limited quotation does not substitute for the purchase of the full official publication.

HeyMariner never reproduces the complete or near-complete text of an IMO publication and always attributes quotations to the IMO as source. Our policy is to link users to the official IMO publications catalogue for full text access rather than to reproduce complete texts on our platform.

Academic and Research Uses

HeyMariner hosts content by maritime academics and researchers that may quote from third-party sources in the context of original research analysis. Academic quotation for the purpose of analysis and scholarly commentary is generally considered fair use, provided it is appropriately attributed and does not reproduce the work's creative expression in a way that substitutes for the original.

Maritime News Reporting

News reporting about maritime incidents, regulatory developments, casualty investigations, and industry events may involve reference to official reports (such as MAIB, ATSB, or NMA casualty investigation reports), press releases, and publicly available documents. Limited quotation from these sources in the context of bona fide news reporting is generally considered fair use.

HeyMariner does not take a position on whether any specific use of third-party content by our users constitutes fair use, as this is a legal determination that depends on specific facts. If you believe that a use of your copyrighted material on HeyMariner exceeds the bounds of fair use, please submit a DMCA notice and we will evaluate the use in context. If we disagree with your assessment of fair use, we will notify you of our position before taking any action.

11. Maritime Chart and Publication Licensing

Navigational charts and hydrographic publications are among the most important categories of copyrighted works in the maritime domain, and they deserve specific treatment in HeyMariner's DMCA Policy because of the critical safety and commercial significance of chart copyright and the complex licensing framework that applies.

Hydrographic Office Copyright

Official navigational charts are produced by national hydrographic offices (NHOs) — including the United Kingdom Hydrographic Office (UKHO), the National Oceanic and Atmospheric Administration (NOAA) in the United States, the Service Hydrographique et Océanographique de la Marine (SHOM) in France, the Bundesamt für Seeschifffahrt und Hydrographie (BSH) in Germany, the Australian Hydrographic Service (AHS), the Japan Hydrographic and Oceanographic Department (JHOD), and others. Charts produced by these offices are protected by copyright, typically vested in the relevant national government or Crown.

UKHO (Admiralty Charts): Admiralty charts and publications — including the full range of paper and digital Admiralty charts, Admiralty Sailing Directions (Pilots), Admiralty Notices to Mariners, Admiralty Tide Tables, and the Admiralty List of Radio Signals — are Crown copyright works published by the UKHO under licence from His Majesty's Stationery Office (HMSO). They are distributed through the UKHO's authorised distributor network under specific licence terms. Reproduction of Admiralty chart images, chart extracts, or chart data on any platform without UKHO authorisation constitutes copyright infringement.

NOAA (US Charts): NOAA nautical charts produced by the US federal government are in the public domain in the United States (as works of the US federal government, 17 U.S.C. § 105). NOAA provides free access to its chart raster files and digital ENC data through its official chart download portal. HeyMariner may use NOAA chart data under these public domain terms with appropriate attribution. Users should note that while NOAA's own charts are in the public domain, third-party products derived from NOAA data (such as commercially enhanced chart plotters or third-party ENC compilations) may be protected by additional copyright.

IHO (International Hydrographic Organization): The IHO co-ordinates international hydrographic standards, including the S-57 and S-100 series of ENC data standards. The IHO itself publishes technical standards and publications that are separately protected by copyright. HeyMariner references IHO standards in educational content with appropriate attribution.

HeyMariner does not reproduce official navigational chart images or ENC data on our platform without appropriate licensing. Where we display map or chart-style visualisations of maritime areas — for example, as backgrounds for vessel position plots or AIS displays — we use licensed mapping tile services (such as those based on OpenStreetMap, which is licensed under the Open Database Licence, or commercial tile providers licensed for use in maritime applications) rather than reproducing official navigational chart data.

If you are a hydrographic office or rights holder in navigational chart data and you believe that HeyMariner is displaying your chart data without appropriate authorisation, please contact our DMCA agent using the details in Section 5. We take NHO copyright concerns very seriously and will respond promptly.

12. Photograph and Image Policy

HeyMariner uses photographic and graphic images throughout the platform — in editorial articles, port profiles, vessel profiles, contributor pages, and general illustrative content. Photographs are among the most frequently infringed category of copyrighted works on the internet, and HeyMariner is committed to sourcing and using images only through lawful channels.

Unsplash and Licensed Stock Photography

HeyMariner uses images from Unsplash, a platform that provides photographs under the Unsplash Licence, which permits free use of images for commercial and non-commercial purposes, including on websites and applications, without attribution (though we provide attribution as good practice). The Unsplash Licence does not permit re-selling images, using images in ways that compete with Unsplash, or using images to create misleading depictions of identifiable people without appropriate releases. HeyMariner's use of Unsplash images complies with the Unsplash Licence terms.

We may also use images from other licensed stock photography sources, including Shutterstock, Getty Images, or Adobe Stock, under their respective commercial licences. Images sourced from these providers are used within the scope of the applicable licence.

Maritime Photography — Vessel and Port Images

Photographs of vessels, ports, maritime facilities, and maritime operations published on HeyMariner are either: original photographs taken by HeyMariner team members or contributing maritime photographers who have granted us a licence; photographs from Unsplash or other licensed sources as described above; photographs contributed by users under the user content licence described in Section 9; or photographs from public domain sources (e.g., official government or coastguard photographs released into the public domain).

HeyMariner does not use maritime photographs sourced from other maritime websites, ship spotting platforms, or photography platforms (such as Flickr or MarineTraffic) without obtaining the specific permission of the copyright owner or verifying that the image is licensed under a Creative Commons or other open licence that permits our intended use. We do not assume that photographs posted on social media or maritime forums are free to use.

Reporting Infringing Images

If you are a photographer or image rights holder and you believe that a photograph appearing on HeyMariner was used without your authorisation, please submit a DMCA notice using the procedure in Section 6. Please include in your notice: the URL of the page on HeyMariner where your image appears; a description of the original image sufficient to identify it (title, the platform or publication where it was originally published, and any image registration details); and a link to the original source or a copy of the original image. We treat photographer rights claims with seriousness and will act promptly upon receipt of a valid notice.

13. Software and Code

The HeyMariner platform is a proprietary software application developed by HeyMariner's technical team. The source code, architecture, database schemas, API designs, and all software components that constitute the HeyMariner platform are protected by copyright and constitute trade secrets of HeyMariner. All rights in the platform software are reserved.

Users of HeyMariner are granted a limited, non-exclusive, non-transferable licence to access and use the platform through a standard web browser or authorised mobile application interface, solely for the personal or commercial purposes described in our Terms of Service. This licence does not include any right to: decompile, disassemble, or reverse-engineer any software component of the platform; copy or reproduce the platform software or any part of it; distribute, sublicence, sell, or otherwise transfer access to the platform software; use automated tools, bots, scrapers, or crawlers to systematically extract data from the platform; or access or attempt to access platform source code through any means other than the standard browser interface.

Where HeyMariner uses open-source software components in the development of the platform — including Next.js, React, Tailwind CSS, and other open-source libraries — we do so in compliance with the applicable open-source licences (MIT, Apache 2.0, etc.) and provide attribution where required by those licences.

If you believe that any software code appearing on HeyMariner infringes your copyright — for example, if you believe that platform code was derived from your proprietary or open-source project without compliance with the applicable licence — please contact our DMCA agent using the details in Section 5. Software copyright disputes often involve complex technical and legal analysis, and we may need additional time to assess such claims thoroughly.

Similarly, if you believe that another party has copied HeyMariner's platform software or design and is using it without our authorisation, we welcome notifications. Please contact us at heymariner@gmail.com with details of the suspected infringement.

14. False DMCA Claims — Perjury Warning

The DMCA imposes significant legal consequences for misuse of the takedown procedure. Section 512(f) of the DMCA (17 U.S.C. § 512(f)) provides that any person who knowingly materially misrepresents, in a notification of claimed infringement or a counter-notification:

• that material or activity is infringing (in a takedown notice), or
• that material or activity was removed or disabled by mistake or misidentification (in a counter-notice)

shall be liable for any damages — including costs and attorneys' fees — incurred by the alleged infringer, by any copyright owner or copyright owner's authorised licensee, or by a service provider (such as HeyMariner), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

In plain terms: if you submit a DMCA takedown notice claiming that material on HeyMariner infringes your copyright, and you do so knowing that the material is not actually infringing (for example, because you are using the DMCA process to suppress legitimate criticism, competition, or content with which you disagree), you may be liable for the damages suffered by the person whose content was wrongfully removed, including their legal fees. Similarly, if you submit a counter-notice knowing that the removed material was actually infringing, you may be liable for the consequences of that misrepresentation.

The statutory language requires you to state, under penalty of perjury, that the information in your notice is accurate and that you have a good faith belief regarding the infringement or non-infringement of the identified material. “Under penalty of perjury” has real legal force. Perjury in connection with a legal proceeding — including a sworn statement in a DMCA notice — can result in criminal prosecution under 18 U.S.C. § 1621 (perjury) or § 1001 (false statements), in addition to civil liability under § 512(f).

HeyMariner does not take sides in disputes between copyright owners and users, but we take seriously our obligation to the integrity of the DMCA process. Where we have reason to believe that a DMCA notice has been submitted in bad faith — for example, where the complained-of content is clearly non-infringing, where the complainant does not appear to be the actual rights holder, or where the notice targets content that is obviously protected by fair use — we reserve the right to decline to process the notice and to notify the complainant of our concerns. Repeated bad-faith notices may result in the complainant being refused further access to our DMCA takedown procedure.

15. International Copyright Considerations

Copyright is a territorial right — it is granted and enforced under the law of each individual country. However, the Berne Convention for the Protection of Literary and Artistic Works (1886, as amended), to which 181 countries are currently signatories, establishes minimum international standards for copyright protection and mutual recognition of copyright between member states. Under the Berne Convention, works created by nationals of any Berne Convention member state are automatically protected in all other member states, without the need for registration or other formalities.

HeyMariner is a global maritime platform accessed by users from countries across the world — reflecting the inherently international nature of the maritime industry. The platform is operated from the United States, and the DMCA (as a US federal statute) is the primary legal framework for our copyright infringement response procedure. However, HeyMariner recognises that copyright claims may arise from rights holders in any jurisdiction, and we endeavour to respond to copyright concerns from non-US rights holders in a manner consistent with our obligations under US law and with general international copyright principles.

Rights holders from countries outside the United States — including those in the European Union (where the DSM Directive and national implementing legislation apply), the United Kingdom (where the Copyright, Designs and Patents Act 1988 and associated regulations apply), Australia (where the Copyright Act 1968 applies), and other Berne Convention member states — are welcome to submit copyright infringement notices using the procedure described in Section 6. We will process notices from non-US rights holders using the same DMCA-based procedure, which is consistent with the notice-and-takedown procedures required by equivalent legislation in most major jurisdictions.

Specific international copyright considerations relevant to the maritime context include:

• Crown Copyright in UK and Commonwealth nations: works produced by UK government bodies — including UKHO Admiralty publications, Marine Accident Investigation Branch (MAIB) reports, Maritime and Coastguard Agency (MCA) guidance documents, and similar official publications — are subject to Crown Copyright and are managed by the UKHO or HMSO/OGL as appropriate. These works may be used subject to the terms of the Open Government Licence (OGL) or other specific licensing arrangements.
• European Database Rights: the EU Database Directive (96/9/EC) creates a sui generis database right in the EU (and retained in UK law post-Brexit via the Retained EU Law framework) protecting substantial investment in the creation of databases, independent of copyright. Maritime data compilations — including structured AIS databases, port authority databases, and classification society vessel registers — may be protected by database rights in EU/UK jurisdictions even if individual data elements (such as vessel positions or port contact details) are factual and not copyrightable.
• Moral Rights: some jurisdictions — including France, Germany, and other civil law countries — recognise moral rights in copyright works (the right of attribution and the right of integrity) that persist even after the economic rights in a work are transferred. HeyMariner respects moral rights by providing attribution to authors and by not altering quoted works in ways that would distort or dishonour the author's original intent.

If you are a copyright rights holder outside the United States and are uncertain whether the DMCA procedure described in this Policy applies to your claim, please contact us at heymariner@gmail.com. We will work with you to find an appropriate resolution consistent with applicable law in both your jurisdiction and ours.

16. Contact Information

For all DMCA-related matters — including takedown notices, counter-notices, appeals of repeat infringer decisions, licensing enquiries for HeyMariner original content, and general copyright questions — please contact us using the following details. For DMCA takedown and counter-notices, please use the specific submission procedure described in Sections 6 and 7 respectively, and use the subject lines indicated there to ensure prompt routing to our DMCA agent.

For DMCA takedown notices: use subject line “DMCA Takedown Notice”.
For DMCA counter-notices: use subject line “DMCA Counter-Notice”.
For content licensing enquiries: use subject line “Copyright Licensing Enquiry”.
For general copyright questions: use subject line “Copyright Question”.

We aim to acknowledge all copyright and DMCA-related communications within two (2) business days and to resolve straightforward matters within five (5) to ten (10) business days. Complex matters involving disputed fair use, international copyright issues, or novel legal questions may require additional time, and we will communicate with you about the timeline as needed.