WWW.ANIMALLOVERSUNITED.COM
COPYRIGHT TIPS
Registrants and Users of our Website frequently ask us what makes a video, photograph or story (" Content ") copyright infringing and ineligible for upload on www.animallovers.com. Posting copyright-infringing content can lead to the termination of your account, and possibly monetary damages if a copyright owner takes you to court. Here are some guidelines to help you determine whether your Content may be posted or whether it infringes someone else's copyright.
1. The easiest way to ensure that your Content does not infringe someone else's copyrights is to create it yourself! If you tape or photograph your pet or a wild animal you never have to worry about the copyright because you own it. It doesn't matter if it is candid, staged, posed or scripted (so long as you created the script), if the idea came from you and you carry it out, you should not be infringing someone's copyright.
2. But, there's always a but, be sure that all the components of your Content are your own original creation-even the background music. What does this mean? Let's say you tape your Frisbee © catching dog doing her routine to the song Born to Be Wild. That song is a sound recording owned by a record label. Without that record label's permission, your video will be infringing the copyrights of others, and as soon as we become aware of it we will take it down.
3. If you did not create the content, and you do not have the specific permission from the person who did, you will be infringing someone's copyright. For example, if the local paper prints an article with a picture of your bunny rabbit at an Easter Egg rolling contest you may not post either the article or picture without getting the newspaper's permission. Similarly, and as some examples only, you may not post clips from any TV shows, including news or sports broadcasts, commercials and music videos, or any movies, movie trailers or live performances (even if you shot the video or picture yourself) and you may not post stories or photographs from any newspaper, magazine, feed bag, advertisement or website. It does not matter how short it is or whether or not you give credit to the copyright holder, you still cannot use the material without permission.
4. We will take down any Content for copyright infringement that is a direct copy of copyrighted content when we become aware of it (usually when the owners of the copyrighted content have alerted us that their content is being used without their permission). This is the law.
5. If you believe that Content on the site infringes your copyright, send us a copyright notice (see below) and we will take it down. If you believe we have removed your Content in error and that you are the copyright owner or have permission, you can file a counter notice. If you repeatedly post infringing Content, your account will be terminated. This is also a requirement of the law.
6. We wouldn't need lawyers if there weren't some gray areas. Content that is a direct copy of someone else's material is a clear copyright violation. However, under the "fair use" principle of copyright law there are certain very limited circumstances in which the use of very short clips of a copyrighted video or song or other material may be legal even without permission. Determining whether a particular use qualifies as a "fair use," is often quite subjective and complex. Further, if the copyright owner disagrees with your interpretation, they may chose to resolve the dispute in court. If it turns out that your use is not a "fair use," then you are infringing the copyrights of the owner and you may be liable for monetary damages. Below are a few links to websites that discuss "fair use," however, we strongly suggest you proceed with caution.
http://www.copyright.gov/title17/92chap1.html#107
http://www.copyright.gov/fls/fl102.html
http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm
THIS INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT YOUR ATTORNEYS AND THE INFORMATION WE PROVIDED HERE IS NOT LEGAL ADVICE.
7. The Digital Millennium Copyright Act of 1998 (the " DMCA ") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any Content has been copied and Posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Sponsor actual knowledge of facts or circumstances from which infringing material or acts are evident.
Sponsor's copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Law Office of Sonya del Peral
Address: 22 Park Row, Chatham, New York 12037
Telephone: 518-392-4267
Fax: 518-392-4389
We suggest that you consult your legal advisor before filing a notice with Sponsor's copyright agent. Be advised that pursuant to this Agreement you are granting certain licenses to use your Content. You should note that there can be penalties for false claims under the DMCA.