Document · Copyright Policy

Copyright Policy

Last updated: May 2026 · Version 1.0

Members Warehouse respects intellectual property rights and expects all users to do the same. This policy explains how to report copyright infringement and what we'll do about it.

1. Our Position on Copyright

Members Warehouse is a connecting platform. We don't create the listings, photos, or content posted by our users — they do. However, we're committed to:

• Removing infringing content when we're properly notified
• Banning users who repeatedly infringe copyright
• Cooperating with rights holders to resolve issues quickly
• Educating users about respecting copyright

2. Photo and Content Rules for Users

When you list on Members Warehouse, you confirm that:

• You own the photos you upload, OR
• You have written permission from the photo owner to use them
• Your descriptions are your own writing
• You're not using copyrighted brand logos, trademarks, or packaging shots without permission
• You're not copying photos or descriptions from other websites or listings

3. Common Examples of Copyright Issues

Examples that ARE copyright infringement:

• Using a manufacturer's professional product photos without permission
• Copying photos from another seller's listing on Carsales, Gumtree, eBay, etc.
• Using photos from a magazine or website
• Copying another seller's full description word-for-word
• Using stock images that you haven't licensed
• Using celebrity images or images of identifiable people without consent

Examples that are usually OK:

• Photos you took yourself of your own item
• Photos you bought stock licences for
• Generic descriptive text written in your own words
• Manufacturer specs you've paraphrased

4. How to Report Copyright Infringement

If your copyright has been infringed by content on Members Warehouse, you can have it removed by sending us a formal takedown notice. This process is similar to the US DMCA process and is best practice in Australia.

Send a takedown notice to:

Email: admin@memberswarehouse.com.au
Subject line: Copyright Takedown Notice

Your notice must include:

1. Your contact details — full name, address, phone number, email
2. Identification of the copyrighted work — what work you own (e.g., "the original photographs of my 2018 Ford Ranger taken at Sydney Tools Brisbane on 15 March 2026")
3. Identification of the infringing material — the URL of the listing on Members Warehouse where your work appears
4. A statement of good faith — "I have a good faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law"
5. A statement of accuracy — "The information in this notice is accurate, and I am the copyright owner or am authorised to act on behalf of the copyright owner"
6. Your signature — physical or electronic signature

5. What We'll Do When We Receive a Notice

1. Within 48 hours we'll acknowledge receipt of your notice
2. Within 5 business days we'll review the notice for completeness
3. If valid, we'll remove the listing or content from public view
4. We'll notify the user who posted the content
5. The user has the right to file a counter-notice if they believe the removal was incorrect
6. If the user files a valid counter-notice, we may restore the content after 10-14 business days unless you take legal action

6. Counter-Notice (For Users Whose Content Was Removed)

If your content was removed and you believe it was a mistake (e.g., you do own the photos, or the use is authorised), you can submit a counter-notice.

Send your counter-notice to:

Email: admin@memberswarehouse.com.au
Subject line: Copyright Counter-Notice

Your counter-notice must include:

1. Your contact details (name, address, phone, email)
2. Identification of the removed content (URL, listing title)
3. A statement explaining why the content was removed in error
4. Evidence of your ownership or right to use (photos with metadata, receipts, written permission, etc.)
5. Consent to the jurisdiction of Australian courts
6. Your signature (physical or electronic)

7. Repeat Infringer Policy

Members Warehouse will terminate accounts of users who repeatedly infringe copyright. The threshold is generally:

• 1st valid takedown: Warning, listing removed, education provided
• 2nd valid takedown: Account suspended for 30 days
• 3rd valid takedown: Permanent account termination, no refund

We use our judgement based on severity. Deliberate infringement (e.g., copying a competitor's entire listing) may result in immediate termination.

8. False or Bad-Faith Notices

Submitting false copyright takedown notices is illegal under Australian law and may result in:

• Liability for damages caused to the affected user
• Reporting to authorities
• Banning from sending future notices

Don't use the takedown process to harass competitors or remove legitimate content.

9. Trademark Issues

Trademark infringement (e.g., someone selling counterfeit branded goods) is a separate issue from copyright. Trademark holders can report listings using:

• The same email address as copyright takedowns
• Subject line: "Trademark Infringement Report"
• Include trademark registration number, evidence of ownership, and the infringing listing URL

10. Australian Copyright Law

This policy operates under Australian copyright law (Copyright Act 1968) and the Australian "safe harbour" provisions for online service providers. Key points:

• Copyright is automatic in Australia — you don't need to register it
• Photographs you take are your copyright by default
• "Fair dealing" exceptions are limited (research, criticism, news reporting)
• Disputes can be escalated to the Federal Court of Australia

11. Updates to This Policy

We may update this policy from time to time. Major changes will be communicated via email to active users.