“As the original creator and designer of the logo and banner, I also filed a DMCA against the further use of the r/TIHI logo on reddit.”
Thanks, I Love It.
Unfortunately that has no chance of succeeding. When you sign up to reddit, you give them a license to use the content you submit. It’s in the user agreement, section 5 “Your Content”: https://www.redditinc.com/policies/user-agreement
Under GDPR you have the right to your content, including data download and revocation. If you are banned from or restricted access to a website it doesn’t strip you of that right. However the complain should have probably been through GDPR and not DMCA.
No, under the GDPR you don’t have the right to have your content removed. You have the right to have personally identifiable data removed, things like names, IP addresses, phone numbers, …
I’ll link to the EU website that explains what they mean with personal data below, but I don’t think a logo qualifies under their definition.
https://commission.europa.eu/law/law-topic/data-protection/reform/what-personal-data_en
This doesn’t hold any grounds in the EU as copyrights can’t be waived, and unless you got paid for it, you can withdraw consent at any time.
You don’t waive your copyright. You grant a license to reddit to use your content.
Read the link, it’s all there:
You retain any ownership rights you have in Your Content, but you grant Reddit the following license to use that Content:
…
Under GDPR you have the right to your content, including data download and revocation. If you are banned from or restricted access to a website it doesn’t strip you of that right. However the complain should have probably been through GDPR and not DMCA.
GDPR wouldn’t cover this case either. Not if the logo has no personal data attached to it https://commission.europa.eu/law/law-topic/data-protection/reform/what-personal-data_en
The DMCA is used “successfully” with even less grounds on YouTube every day. But I suppose the difference lies in not being a mega corporation.