Last Updated: April 2026
This Intellectual Property Policy ("IP Policy") forms part of the myPalco Terms of Service and is incorporated by reference into them. In the event of any conflict, the Terms of Service prevail. This Policy describes how myPalco handles rights notices from third-party rights holders, counter-notices from users, repeat-infringer enforcement, and related intellectual property matters.
myPalco operates as an Online Content Sharing Service Provider ("OCSSP") under Article 17 of Directive (EU) 2019/790 on Copyright in the Digital Single Market ("CDSM Directive"), as transposed into Portuguese law by Decreto-Lei n.º 47/2023. myPalco does not assert a neutral-host exemption from Article 17 obligations.
A rights notice may be submitted only by:
Submitting a notice without holding or representing the relevant rights, or submitting a notice you know to be false or misleading, may result in civil liability and account suspension. Under DSA Article 23, submitting repeated manifestly unfounded notices is a breach of these Terms.
Rights notices must be submitted by email to: takedown@mypalco.com
You may also use the in-app "Flag" function on any track card, which pre-fills the required track identifier and opens a structured notice form in your email client addressed to the above address.
A valid notice must include all of the following:
Notices that are materially incomplete will not be actioned and will receive a written explanation of the deficiency. You will be given the opportunity to resubmit a corrected notice.
myPalco will acknowledge receipt of a valid notice within 2 business days. A decision on whether to remove, restrict access to, or retain the identified content will be communicated within 5 business days of receipt of a complete and valid notice, together with the reasons for the decision.
Where content is removed or access is restricted, the uploader will be notified simultaneously with a Statement of Reasons in accordance with DSA Article 17 and Section 1.13 of the Terms of Service.
A user whose content has been removed or restricted following a rights notice may submit a counter-notice if they believe the removal was made in error or that their use of the content is lawful (e.g., it is original, licensed, or covered by a statutory exception such as quotation, criticism, or parody under Article 17(7) CDSM and Articles 4–6 of Decreto-Lei n.º 47/2023).
Counter-notices must be submitted by email to: legal@mypalco.com with the subject line "Counter-Notice — [Track ID]".
| Step | Action | Timeline |
|---|---|---|
| 1 | myPalco acknowledges receipt of counter-notice | 2 business days |
| 2 | myPalco notifies the original complainant that a counter-notice has been received and that content may be restored if no court order is submitted | 2 business days after receipt |
| 3 | Complainant may submit a court order or equivalent legal instrument preventing restoration | Within 10 business days of complainant notification |
| 4 | If no court order is received, myPalco restores the content | Within 14 business days of complainant notification |
Restoration does not prejudice the complainant's right to pursue legal proceedings. If a competent court or authority subsequently orders removal, myPalco will comply promptly.
myPalco maintains a repeat-infringer policy in accordance with CDSM Article 17 and DSA Article 23. A "valid rights notice" for the purpose of this policy means a notice that has been assessed by myPalco and resulted in the removal or restriction of content following human review.
| Valid notices received | Action |
|---|---|
| 1st valid notice | Content removed. User notified with Statement of Reasons. First formal warning issued. |
| 2nd valid notice (within 24 months of the 1st) | Content removed. User notified. Second formal warning issued. Upload privileges temporarily suspended for 30 days. |
| 3rd valid notice (within 24 months of the 1st) | Content removed. Account permanently suspended. User notified with Statement of Reasons including appeal information. |
Strikes older than 24 months are not counted toward the suspension threshold but remain on the account's permanent record. myPalco reserves the right to escalate to immediate suspension for egregious or large-scale infringement regardless of prior strike count.
Users may appeal any strike decision through the internal complaint mechanism described in Section 1.13 of the Terms of Service (DSA Article 20). Appeals must be submitted to: legal@mypalco.com with subject line "Strike Appeal — [Account ID]" within 6 months of the decision.
In accordance with CDSM Article 17(4)(c), myPalco applies technical stay-down measures to prevent the re-upload of content that has been removed following a valid rights notice. Removed content is fingerprinted and hash-tagged; attempts to re-upload the same or substantially equivalent file are automatically rejected. Intentional circumvention of stay-down measures constitutes a breach of the Terms of Service and may result in immediate account termination independently of the strike count.
As an OCSSP under CDSM Article 17, myPalco makes best efforts to obtain licences from rights holders and collective management organisations ("CMOs" / "CROs") covering the content categories permitted on the Service. myPalco has initiated or is pursuing licence negotiations with applicable Portuguese and EU-wide CMOs, including for musical compositions (SGAE, SPA), neighbouring rights (GDA, Audiogest), and related rights as applicable.
Rights holders who wish to discuss licensing arrangements, rather than or in addition to submitting a rights notice, may contact: licensing@mypalco.com
A rights holder's submission of a rights notice does not waive or prejudice any claim for licensing compensation for use prior to removal.
Notices submitted by entities designated as Trusted Flaggers by the Portuguese Digital Services Coordinator (ANACOM) pursuant to DSA Article 22 are processed with priority. Trusted Flagger status on the myPalco platform is granted exclusively by ANACOM and is not conferred by myPalco. Trusted Flagger notices are subject to the same notice requirements as set out in Section 2.1, but benefit from expedited processing.
myPalco Legal Department responds to all correspondence in Portuguese and English.
myPalco may update this Policy to reflect changes in applicable law, platform features, or operational practice. Material changes will be notified through the Service or by email at least 15 days before taking effect. Continued use of the Service after the effective date of a revised Policy constitutes acceptance of the revised terms.