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Copyright Information & Tips |
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Disclaimer: The information delineated in MacDirectory is not to be considered and used for the purpose to seek legal advice on the matters concerning and relating to the nature of work. The information divulged in the document is for genericand non-legal purposes only.
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What Does “Copyright” Mean?
The term “Copyright” means protecting the copy of the work produced as the part of creative efforts, and includes literary, dramatic, musical, graphic and any kind of audio-visual creations. Of late, the term has also endows exclusive rights privileged by court of law to safeguard any kind of work produced by the original creator, from duplication or copying by another party. The exclusivity of “Copyright” empowers the copyright owner to decide the presentation or use of the content, either in part or full.
Copyright protection would ideally mean that copyright owner has the right to control (adapt/modify/translate/ edit/share) the content (in whatever form) over Internet, or any other medium for that matter.
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Limitations to Copyright
There are exceptions to the stringent copyright procedures practiced across the world. The foremost: no potential safeguard is available against copying of ideas or facts. Moreover, the copyright law also authorizes use of copyright-protected materials. No copyright owner's consent/agreement is considered necessary while integrating/using part of the original video/audio content in the new video.
The exception to individual copyright protection laws is dependent on the national copyright laws applicable in different countries. For example, in U.S., the copyright law makes the exception of Fair Use of the original content. In the U.K., exceptions are provided in the national copyright law for fair dealing practices, which allows the use of literary criticisms, reviews as well as reporting news. Brazil on the other hand provides a complete list of items in its copyright law which can be used for the purpose. These also include quotes and/or short excerpts, etc.
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Fair Use: What Does It Mean?
The "fair use" principle of copyright law states that it is direct violation of copyright to copy audio and/or video of the copyright’s owner for professional use. However, use of small footages of any video or song is considered legal for use and requires no permission from the copyright owner.
In order to genuinely establish whether small part of footage of copyrighted video or song is placed under the purview of "fair use," you should follow on to the four factors as enumerated in U.S. copyright statute. The analysis of material based on four qualifying factors is not an easy task altogether, as they are subjective and complex in explanation.
Plainly described, if the copyright owner does not agree with your version of Fair Use, he or she might challenge your decision or point of view in the court of law. And in case the court of law goes with the decision of copyright owner, then it would be tantamount that you have made copyright infringement, and court would levy monetary damages.
We at MacDirectory unfortunately would not be able to make sound judgment whether or not the video footage or song clip meets the criteria of Fair Use as described in U.S. copyright statute. In case you differ in your consent on the copyright document notice that you receive a counter-notification. MacDirectory by no means offer legal advice on all such matters. Should you have any query arise, the same can be discussed and consulted with your legal counsel.
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“Fair Use”: More Information
If you are eager to know more about the principles of “Fair Use,” please refer to the links listed below.
The discretion on how to use “Fair Use Rights” completely rests on your circumspect. MacDirectory holds no responsibility, whatsoever, in this regard. |
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For more resources on U.S. copyright law and fair use, you can refer to:
*** The resource links and the text is meant to be used strictly for information purposes only, and should not be considered, or intended, or substituted for any kind of legal advice.
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What Does Infringement of Copyright Mean?
The term “Infringement of Copyright” means violation of copyright act by making its reproduction, distribution, performance, or publicly displaying any work of art of creation, without prior consent or written permission of original manufacturer, or creator of the work of art, or the copyright owner.
Posting of the infringed content on the Web site can lead to the possibility of forfeit of the Web site login account, and/or the possibility of heavy monetary indemnity.
The information on the copyright infringement is available for anyone looking to upload video and pictures into MacDirectory’s MD space section. Click on the link below: MD space
MacDirectory truly acknowledges the creative work explicitly showing the talents of the artists and creators. We strive to keep MacDirectory a place of creative communion where all creations are honored and respected for what they are.
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Checking Copyright Infringement of Audio/Video: Methods to Adopt
The best method to make it completely sure that your audio/video is completely original is to use your skills and creative imagination. You can make a simple footage of your friends chatting together in a room, or make a well-scripted short movie with actors and background score. You don’t have to worry about copyright when you have created the video footage or sound.
Moreover, as an original producer of the audio/video, you have to take care that both your video as well as audio is original. If you are using a copyrighted audio in your originally produced video, then your video is deemed to infringe the copyright, and would therefore mean immediate removal from the Web site.
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Generic Copyright Inquiries |
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Few Instances of Copyright Protected Work
Any work of art or creativity that is created or produced or recorded by the artist or author or producer comes under copyright statute, and is protected by it. All types of copyrighted materials are subject to infringement. The videos that have infringed the copyright act and are available on MacDirectory shall be immediately removed. However, in such a case the owners of copyrighted videos should inform us in advance.
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Detailed information on U.S. Copyright law can be had by clicking on:
http://www.copyright.gov/circs/circ1.html
A list of some real time examples where copyright infringement can occur:
- All Kinds of TV Shows, Reality Shows, sports programs, news, comedy series, cartoon shows, dramas, etc.
- All TV Networks, Cable TV Networks, Dish TV, Direct-to-Home (DTH) TV, Pay-Per-View, On-Demand TV.
- All Kinds of Music Video Performances and Music Videos
- Full Length Movies, Documentary Films, Non-Feature Films, Trailers of the Movie
- Advertorials, Commercials, Infomercials
- Live Concerts, even if those live concerts have been recorded by you personally on your Handy cam. It is because the songwriter has the right over the song being sung in the show.
- Slide Shows containing images of other people or personalities.
The responsibility to check the originality of content lies entirely on the person who uploads the content. It is important to note that rights ownership is subject to change with time. |
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MacDirectory Copyright Policy: Penalty Incurred for Using Copyrighted Material
During the course of checking, if MacDirectory finds that any video, or part of that video, breaches copyright law of the original creator of the video, the material shall be taken down from the Web site. Should you strongly feel that the video uploaded on the Web site infringes your copyright, it is kindly requested that you provide us with the copyright notice, and we shall remove it from the site immediately.
On the contrary, if you feel that we have removed the copyrighted video unknowingly or mistakenly, and you have the stated permission to broadcast that video from the copyrighted owner, then you can file a counter notice on the same. Those accounts that are found to be guilty of recurrent infringements shall be summarily terminated.
Note: All such users whose accounts have been either suspended or terminated for the reasons as mentioned above are strictly prohibited to create a new account on MacDirectory.
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Permission to Use Part of Audio/Video Content
The very right of using screen shots or footage of original creator on MacDirectory lies completely with the copyright owner. In this case, you need to acquire permission from the copyright owner, for using part of the video footage.
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If you have the Permission to use the Video Content
If you have the copyright owner’s permission to use the part of his video in your video footage, you need to inform the original producer about the title of your video as well as address of your MacDirectory account, so as to prevent the removal of the footage mistakenly.
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I Have Produced the Video and I Have Acted in It
This seems utterly confusing as the video originally produced by you was removed from MacDirectory for copyright violation. Consider the following questions:
- Was there any copied song in the video?
- Was there any footage from third party video?
- Was there any TV show incorporated in the video?
- Was there any Videogame Footage?
If the answer to any one of these questions is YES, then you have violated the copyright.
For clear details, check out our Copyright Tips Section. This section contains guidelines on the conditions under which your own produced video infringes the copyright of the third party.
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I Bought the Content and Uploaded it on the Web Site
Buying DVD, CD or MP3 containing the video or audio content not necessarily tantamount that you have bought the owner’s copyright to upload it in your personal account on our Web site. Even if you credit the copyright owner, posting of audio/video content on our Web site mean infringement of copyright law, and is therefore, strictly prohibited.
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Despite Receiving the Approval, My Video was Removed from Web Site
We at MacDirectory allow the original content owners to use and control their content. However, subject to the original content owner’s discretion, where he or she decides to change the very presentation of the content on our Web site, it might become possible that the video content that was allowed by us other time is blocked immediately. In addition, there can be an instance where more than one party holds the copyright to variable sections of Audio/Video of any copyrighted work. In such an event, one of the owners may allow the use of video material on the Web site, while the other one may strictly restrict its use.
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Making Direct Recordings from TV, DVD or CD
You cannot upload the owner’s copyrighted material even if you have recorded the material from TV, DVD or CD. The video content can only be uploaded if you have sought prior permission from the copyright owner.
Here’s the list of some real time examples where copyright infringement can occur:
- All Kinds of TV Shows, Reality Shows, sports programs, news, comedy series, cartoon shows, dramas, etc.
- All TV Networks, Cable TV Networks, Dish TV, Direct-to-Home (DTH) TV, Pay-Per-View, On-Demand TV.
- All Kinds of Music Video Performances and Music Videos
- Full Length Movies, Documentary Films, Non-Feature Films, Trailers of the Movie
- Advertorials, Commercials, Infomercials
- Live Concerts, even if those live concerts have been recorded by you personally on your Handy cam. It is because the songwriter has the right over the song being sung in the show.
- Slide Shows containing images of other people or personalities.
The list depicted above provides a generic overview about what content can be uploaded or not. Simply copying/recording video from TV, DVD or CD does not make it legal to upload the content on the website. The responsibility to check the originality of content lies entirely on the person who uploads the content. It is important to note that rights ownership is subject to change with time.
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Video Copyright and Ownership
The intricacy that lies with copyright statute is that there is absence of centralized information on the copyright owners. Since, copyright comes into play from the time any work is "created" or written down or photographed, or manufactured, it can be transferred through private contracts. Furthermore, there’s no record whatsoever as to who owns the copyright to the work of art, and we cannot assist you in this endeavor.
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Who is the Copyright Ownership Claimant?
In wake of removal of video/audio content, if found infringed, we intimate the user of the content via e-mail. The e-mail would contain the notification from original producer of the video/audio. If you have already removed the video/audio content, kindly check the e-mail address linked to your MacDirectory’s account to counter check the notification received.
The text is meant to be used strictly for information purposes only, and should not be considered or intended or substituted for any kind of legal advice.
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Copyright Infringement: Guidelines to Consider
Uploading Video/Audio content on MacDirectory that is deemed to be copyrighted shall automatically be blocked and removed. Furthermore, it would lead to termination of your account. There could also be imposition of heavy monetary indemnity, should the copyright owner intend to file a legal suit. Listed below are the guidelines that would help you to determine whether or not you have infringed someone else’s copyright act.
- If the audio/video has been recorded from the cable TV, or videotaped from TV, or has downloaded from some other Web site, the same would be considered infringement of copyright. In all such events, one need to have permission from copyright owner to use or distribute the content within accepted legal exceptions to copyright.
- The Song would be considered copyrighted, even if due credit has been accorded to credit to the owner/author/songwriter.
- Video content, even if it is not sold for commercial purposes, would still fall under the purview of copyright.
- If the video content which seems similar to other video content, appears on our website, it’d be considered copyrighted.
- If the video appears with a copyright notice, the same shall be considered copyrighted.
- Small video footages made and then edited by you shall also deem to be copyrighted.
The text is meant to be used strictly for information purposes only, and should not be considered or intended or substituted for any kind of legal advice.
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