Our site is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act (“DMCA”). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act C’DMCA”) and other applicable intellectual property laws.
If your copyrighted material has been posted on our site or if hyperlinks to your copyrighted material are returned through our search engine and you want this material removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.
The following elements must be included in your copyright infringement claim:
- Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Provide sufficient contact information so that we may contact you. You must also include a valid email address.
- You must identify in sufficient detail the copyrighted work claimed to have been infringed and including at least one search term under which the material appears in our site search results.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Limitations on Exclusive Rights in Copyrighted Works
The owner of a copyright has the sole right to exercise any of the exclusive rights of copyright. S/he can exclude others from exercising any such rights. However, these rights are not absolute, and contain several exceptions.
I – Fair Use Doctrine
The fair use doctrine permits other people to use copyrighted material without the owner’s consent in a reasonable manner. The fair use of a copyrighted work, which includes use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright. However, the defendant should have acted fairly and in good faith.
The following factors are to be considered in determining whether the use of a copyrighted work is a “fair use”:
- Purpose and character of the use: the use of copyright material can be considered fair when it relates to issues of public concern and is likely to benefit the public. The use may not be considered fair when it is solely to obtain a commercially benefit. A work used for a nonprofit, educational purpose is generally considered fair use. Parody or satire, which provides social benefit by shedding light on an earlier work as well as creating a new work, is also considered a fair use of the copyrighted work.
- Nature of the copyrighted work: when a work is unpublished, it will be difficult for a person copying the work to take the defense of fair use. This is because in unpublished works, the author reserves the right of first publication. Besides it is the author who is to decide when, where, and in what form a work is to be first published, or whether to publish at all. In published historical works, only the creative expression contained within the work is entitled to protection. If a copyrighted work is out of print and cannot be purchased, the work may be copied. Likewise, when the nature of the work is such that it requires copying to understand the ideas and processes in the copyrighted work, copying is also usually permitted.
- Amount of work used: the extent of permissible copying depends on the quantity, quality and importance of the materials that are to be copied. For purposes of determining the amount of the portion copied of the original copyrighted work, the relevant question is whether the whole or substantial portion of the infringing work was copied verbatim from the copyrighted work.
- Effect of the use on the potential market: a fair use defense generally will not prevail when copying would adverse impact the potential market for the original as well as derivative copyrighted works.
II – Limitations on Reproduction Rights
Libraries and archives are permitted under certain circumstances to reproduce and distribute one copy (in some situations three) of a work without infringing the copyright. However, the library or archive should not reproduce or distribute such materials for commercial advantage. The reproduction must include a notice of copyright. This right to reproduce is also conferred to private libraries that are accessible to all persons doing research in a specialized field. In the case of an unpublished work, a library may reproduce and distribute three copies or phonorecords provided that the duplication is solely for the purposes of preservation and security, or for assisting research work in another library, and the work is not available elsewhere. A library can reproduce up to three copies or phonorecords of a published work in order to replace a copy that is damaged, deteriorating, lost, or stolen and not available elsewhere. A library can also make copies at the request of another library user or patron.
Governmental bodies and nonprofit organizations which are entitled to transmit a performance or display of a work may make up to 30 copies or phonorecords of a particular transmission program and use them for transmition purposes for not more than seven years after the first transmission. To be entitled to this exemption, the broadcast must be a regular part of an instructional activity. Governmental bodies and nonprofit organizations can also make one copy or phonorecord for each transmitting organization of a particular musical work of a religious nature or of a sound recording of such a musical work.
The exclusive rights of an owner of copyright in a sound recording are extend only to the right to reproduce, adapt, and distribute copies or phonorecords of the work, and to perform the copyrighted work publicly by means of a digital-audio transmission. Only the particular sounds captured in the recording are protected. The sound recording copyright holder’s exclusive right to prepare a derivative work is limited to the right to prepare a work in which the actual sounds fixed in the recording are rearranged, remixed, or otherwise altered in sequence or quality.
Copies of a computer program can be made if the copy is created as an essential step in the utilization of the computer program, or if it is for storing in archives.
The copyright in an architectural work does not include the right to prevent the making, distribution, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.
III – Limitations on Distribution Rights
The copyright owner’s exclusive right to distribute copies or phonorecords applies only to distributions to the public. Once the holder of the copyright consents to the sale of particular copies of his/ her work, s/he may not thereafter exercise the distribution right with respect to such copies. The first-sale doctrine extinguished the copyright owner’s right to control the further disposition of copies placed in the stream of commerce. However, the first-sale doctrine does not affect a motion picture producer’s exclusive rights to perform and to authorize public performances of the copyrighted work.
IV – Limitations on Public Performance Rights
A performance will not infringe a copyright owner’s exclusive rights of public performance if the performance is for educational activities, instructional broadcasting, performance as a part of a religious service, or a nonprofit or noncommercial performance. For all other forms of public broadcasting, a compulsory license is to be obtained from the owner of the copyright. Similarly, in the case of secondary transmissions of a performance, compulsory license is required for all satellite carriers, cable systems, superstations and network stations for home viewing.
V – Limitations on Public Display Rights
A person who lawfully owns a copy of a copyrighted work can display that copy publicly to viewers present at the place where the copy is located. However, a person who merely possesses a copy without having actual ownership of the copy cannot display that copy publicly.
The following public performances also do not constitute infringement:
display of a work by instructors or pupils in the course of classroom instruction;
display of a work made in the course of an instructional broadcast; and
display of work in the course of services at a place of worship.
The copyright in an architectural work that has been constructed does not include the right to prevent the public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.
VI – Limitations on Attribution and Integrity
When there is a written instrument executed between the owner of a building and the author of a visual art, by which a visual art has been made a part of a building, and the instrument further states that installation of the work may subject the work to destruction, distortion, mutilation, or other modification, by reason of its removal, then the author’s rights of attribution and integrity will not apply.
A hand ready to hit, may cause you great trouble.