Copyright Policy

    Copyright and Your Ilunafriq Submission
    Here at Ilunafriq, we respect the right of all artists and creative people worldwide and we expect our members to also demonstrate that respect and assist us in creating a beneficial and positive atmosphere for all guests and members. The bottom line is, just about anything that is on this site, on the web, on TV, on CD’s, on DVD’s, in botoks & in magazines is probably copyrighted by someone.

    Copyright can be a confusing territory for many people. Therefore in this document, we will attempt to eliminate some of the confusion and counter many of the myths surrounding copyright and to present clearly the Ilunafriq policies and practices with regard to copyright. The availability of this document should not be construed as legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, please seek the services of a qualified attorney.

    How do I get Copyright?
    Under most national laws and international copyright treaties, you receive a copyright automatically in any original work as you make it. However, registration may be required to exercise some rights, like commencing a lawsuit. Copyright does NOT protect ideas. Copyright protects the expression of ideas or the ways in which an idea is materially placed or expressed in the work.

    What is Copyright Infringement?
    To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.

    Some examples of copyright infringement (this is only a partial listing) can include:

    • Placing someone else’s photograph or creative work online without proper permission.
    • Using a creative work commercially without permission.
    • Adapting someone else’s creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting.
    • Modifying or editing a creative work without proper permission.

    How Can I Avoid Infringing on Someone’s Copyright?
    The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original work. When we use the word ‘original’ we don’t mean that you must come up with an idea which hasn’t been used before – recall that copyright does not protect ideas. When used in reference to copyright, “original” means that you created your work without referencing or deliberately copying anyone else’s work during the process.

    Ensure that all parts of your work, both visual and audio, are your own original creations. If you have used materials which are owned by other people or companies, make certain that you have obtained proper permission or licensing for the use before you place your work online. You can also obtain permission to use a copyrighted work by license.

    What Sort of Things are Copyrighted?
    The easy answer to this question is that just about any creative work that is less than 150 years old should be considered copyrighted by default. A work is not required to have a copyright statement printed on it or near it in order to be considered copyrighted, so do not assume that the work is unprotected simply because you cannot see a notice written anywhere.

    Also do not confuse the fact that a work is publicly available with the idea that it is in the public domain or free for use. Being easy to find on the internet does not affect a work’s copyrighted status. There are many exceptions to the 150 year guideline, but you are best advised to obtain legal advice from an expert if you intend to rely on the possibility that a modern work is not copyrighted.

    Some Cautions

    • In most cases, it does not matter how much of the material you have used, whether it is a single frame, a few moments of audio, a short clip of video, or any other sampling. It’s still considered protected by copyright and you still require the owner’s permission for use.
    • It does not matter how you obtained the material, it’s still considered copyrighted and you still need permission.
    • It does not matter whether or not you have credited the proper owner. It is still considered copyrighted and you still need permission.
    • It does not matter if you are not selling it or making a profit. It’s still considered copyrighted and you still need permission.
    • It does not matter if you can identify other people using things without permission. It’s still considered copyrighted and you still need permission.
    • It does not matter if you have edited it a little bit or made a few alterations. If it is recognizable, it is still considered copyrighted and you still need permission.

    Read licenses carefully to understand the type of permission they provide. For example, there are many versions of the Creative Commons – each giving different permissions.

    What Happens When You Import Infringing Work into Ilunafriq?
    Any copyright owner following the procedures in this Copyright Policy can require Ilunafriq to remove his or her copyrighted content in use by a member of Ilunafriq. When we become aware that a submission on Ilunafriq infringes upon the copyright of another artist, creative person, or company, we will immediately delete it. This is a legal requirement which we fulfill immediately. If you are the bad actor, you will not receive advanced warning and you will not be given an opportunity to ‘fix it’.

    If you believe that a submission on Ilunafriq infringes on your copyright, you may report the submission by sending us a copyright notice via mail or email at [email protected]. A member of staff will review your notice and act accordingly.

    If you believe that one of your submissions was removed in error, you may reach out to us at [email protected] or otherwise, file a counter notice.

    If you are found to repeatedly post infringing content, your account will be suspended and serious offenders will have their account banned and deactivated. We consider three strikes as an indication of being a repeat infringer, and repeat infringers are subject to ban. If you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately banned and deactivated.

    The copyright owner may also decide to sue you directly if you infringe on his or her copyright in posting content on Ilunafriq.

    What about “Fair Use”?
    “Fair Use” is the notion that some public and private uses of copyrighted works should not require the permission of a copyright owner. These circumstances are very limited, complex to analyze under the law, and require the help of expert advice from a lawyer. We recommend you talk to your lawyer if you want to know more about fair use as it applies to the work you are doing. If it turns out that it is not fair use, you may be liable for very serious financial damages.

    If you take my work down am I protected from a lawsuit?
    No. Even if Ilunafriq takes down infringing work, you may still be responsible for very significant damages if the copyright owner decides to sue you.

     

    Notification of Copyright Infringement

    Instructions for Copyright Owners
    This section contains the formal requirements of the Copyright Act with respect to the rights of copyright owners whose content appears on Ilunafriq without authorization. It also contains instruction to copyright owners.

    To file a copyright infringement notification with Ilunafriq (also commonly known as a “DMCA takedown notice”), the copyright owner or an authorized agent acting on his or her behalf, will need to send a written communication that includes substantially the following:

    1. A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. In this regard please provide URLs when you identify the location of the material.
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    5. 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.
    6. 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.

    To file a DMCA takedown notice, send your written notice by PDF attached to [email protected].

    Under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Consult your legal counsel or see Section 512(c)(3) of 17 U.S.C. to clarify or confirm the requirements of the notice.

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Counter-Notification
    If you want to send Ilunafriq a counter notice, please review this section for instructions.

    If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to [email protected]. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

    • Your physical or electronic signature.
    • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
    • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
    • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
    • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Ilunafriq may be found) and that you will accept service from the person (or an agent of that person) who provided Ilunafriq with the complaint at issue.

    The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Repeat Infringers
    It is our policy in appropriate circumstances, to disable and/or terminate the account(s) of users who are repeat infringers.