VibePen
Contents
  1. Designated agent
  2. Before you send a notice
  3. How to file a notice of claimed infringement
  4. What we do when we receive a valid notice
  5. Counter-notice
  6. Repeat infringers
  7. Misrepresentations
  8. AI-generated content
  9. Other intellectual-property complaints

VibePen Copyright and DMCA Policy

Effective date: 14 August 2026

VibePen respects copyright. This policy explains how to tell us that something on the Service infringes your copyright, how the person who published it can respond, and what we do in between. It is part of the VibePen Terms of Service.

We respond to notices that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Designated agent#

Send copyright notices to our designated agent:

Dustin Adkison
Enthusiast, LLC
1109 Davenport Blvd 301, Franklin, TN 37069, United States
Email: dustadk@gmail.com

Please send copyright notices only to the agent above. Notices sent to other addresses, posted in a Pen, or filed through the in-product Report button may be delayed, and may not start the process described here. For everything that is not a copyright complaint, use the Acceptable Use Policy routes instead.

Before you send a notice#

Two things are worth checking, because they come up constantly on this Service:

  • Public Pens carry an open licence. Most public Pens on VibePen are licensed to the public under the MIT Licence by default (Section 6 of the Terms). If the code you are complaining about is yours but you published it here, or it descends from a Pen you licensed, the reuse may be permitted.

  • Fair use and other limitations exist. You are required to consider whether the use is authorized by law before you send a notice.

Sending a notice in bad faith has consequences — see "Misrepresentations" below.

How to file a notice of claimed infringement#

Your notice must be in writing and must include all of the following (17 U.S.C. § 512(c)(3)):

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

  2. Identification of the copyrighted work you claim has been infringed — or, if multiple works at one site are covered by a single notice, a representative list of them.

  3. Identification of the material you claim is infringing and that you want removed, with enough detail for us to find it. For VibePen that means the URL of the Pen (https://vibepen.io/p/…) and, where the Pen has more than one file, the specific file or lines at issue.

  4. Your contact information: address, telephone number, and email address.

  5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Incomplete notices may not be effective and we may ask you to resubmit.

What we do when we receive a valid notice#

  1. We act expeditiously. We disable the Pen, or the version at issue, so that it stops being served — the page shows a takedown notice and the Pen's sandbox origin closes. In some cases we quarantine it first while we identify the correct material.

  2. We tell the person who published it, and we give them a copy of your notice, including the identifying and contact information in it. If you do not want your contact details passed on, do not send them to us — we cannot process a notice without them, and we cannot withhold them from the affected user.

  3. We record it. Copyright takedowns are recorded in our moderation log, with the reason, like every other enforcement action.

  4. We count it. Repeat infringement is tracked against the account (see below).

Nothing on the Service is hard-deleted when we take it down: the material stops being served, and the record of what happened is retained.

Counter-notice#

If your Pen was removed and you believe that was a mistake or that the use is authorized, you may send a counter-notice to the agent above. It must include:

  1. Your physical or electronic signature.

  2. Identification of the material that was removed and the location where it appeared before removal (the Pen URL).

  3. A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification.

  4. Your name, address and telephone number.

  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 your address is outside the United States, of any judicial district in which VibePen may be found — and that you will accept service of process from the person who filed the notice, or their agent.

What happens next. We forward your counter-notice to the person who complained. Unless they tell us within 10 business days that they have filed a court action seeking to restrain you from the activity, we may restore the material in 10 to 14 business days after we receive your counter-notice.

Do not send a counter-notice unless you mean it. Like a notice, it is made under penalty of perjury, and it gives the other side your contact details and your consent to a court's jurisdiction.

Repeat infringers#

We terminate, in appropriate circumstances, the accounts of users who are repeat infringers. We consider the number and seriousness of upheld complaints, counter-notices, whether the account appears to be publishing infringing material systematically, and any other relevant conduct. Attempting to republish material we removed under this policy is itself grounds for termination.

Misrepresentations#

Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing — or that it was removed by mistake — may be liable for damages, including costs and legal fees. We take abuse of this process seriously, in both directions.

AI-generated content#

Most content on VibePen is produced by generative AI, and this policy applies to it exactly as it applies to anything else.

  • Generated material can infringe. A model can reproduce protected expression from its training data. If a published Pen reproduces your protected material, it does not matter that a model wrote it — send a notice.

  • "An AI made it" is not a defence to a takedown, and we will not treat it as one.

  • We do not decide ownership. We are not in a position to determine who owns a Pen, or whether a machine-generated Pen is protected by copyright at all. This process removes material in response to a valid notice; it does not adjudicate anything.

Other intellectual-property complaints#

For trademark, publicity, privacy or other non-copyright complaints, write to dustadk@gmail.com with the URL, what right you hold, and why you believe the Pen infringes it. Those complaints are handled under the Acceptable Use Policy rather than this procedure.