Copyright can be a confusing territory for many people. The FAQs in this section provide some information about copyrights, including how you can protect your own copyrighted works and avoid infringing the copyrights of other people when posting to Ucroo, as well as how Ucroo addresses reports of copyright infringement. If you believe someone is using your copyrighted work without your permission, you can send us an email at firstname.lastname@example.org.
Please note that laws in different countries may vary. For more information on copyright law, you can visit the website of the U.S. Copyright Office, UK Intellectual Property Office, AU Copyright Act, or the World Intellectual Property Organization (WIPO). Ucroo can’t provide you with legal advice, so you may want to speak with an attorney if you have more questions about copyright.
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 Ucroo policies and practices with regard to copyright. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of a qualified attorney.
What are copyrights and what do they protect?
- Visual: videos, movies, TV shows and broadcasts, video games, paintings, photographs
- Audio: songs, musical compositions, sound recordings, spoken word recordings
- Written: books, plays, manuscripts, articles, musical scores
Only original works are eligible for copyright protection. To be original enough for copyright protection, a work needs to be created by the author themselves, and must have some minimal amount of creativity.
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. 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.
How do I know if I own the copyright in a work?
In general, the person who creates an original work owns the copyright in it. For example, if you take a photo, you generally own the copyright in that photo.
There may be situations where you might think you have a copyright in a creative work, but you may not. For example:
- If you appear in a photo or video, that doesn’t necessarily mean you have a copyright in that photo or video. (If you think a photo or video on Ucroo might violate your image privacy rights, you can learn more here.)
- If you take a photograph of a sculpture, that doesn’t mean you have the right to prevent someone else from also taking a photograph of the same sculpture.
- If you create a work as part of your regular job responsibilities, you might not be the owner of the copyright in that work. Instead, there are circumstances where the law will consider your employer to be the “author” of that work for copyright purposes.
If you’re not sure about the extent of your copyright in an original work, you may want to contact an attorney to advise you on your rights.
What rights do I have as a copywright owner?
How long does the copyright protection last?
What's the difference between copyright and trademark?
- Copyright is meant to foster creativity and to provide incentives to create original works of authorship for the benefit of the public. Copyright protects original works like photos, videos, movies and music. It’s also important to note that, in the U.S., the Digital Millennium Copyright Act (DMCA) applies only to copyrights and doesn’t apply to trademarks.
- Trademark law is meant to prevent consumer harm because it prohibits someone other than the rights owner from using a trademark (for example, a brand’s logo) in a way that may confuse consumers. Trademark law protects brand names, slogans, logos or other symbols that help consumers identify the source of goods or services.
- In most cases it does not matter how much of the material you have used, whether it's a single frame, a few moments of audio, a short clip of video or any other sampling it's still considered to be protected by copyright and you still require the owner's permission for use.
- It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission.
- It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission.
- It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.
- It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission.
- It doesn't matter if you've edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission.
- It is possible to infringe copyright without intending to do so.
- 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 is Copyright Infringment?
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 make sure the content I post to Ucroo doesn't violate copyright law?
- Did I create all of the content myself?
- Do I have permission to use all of the content included in my post?
- Is the content protected by copyright (for example, is it a short phrase, idea or public domain work)?
What is 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 own 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 isn't fair use, you may be liable for very serious monetary damages.
Content I posted was removed because it was reported for intellecutal property infringement. What are my next steps?
How do I report copyright infringement on Ucroo?
Written notice including all details listed below should be sent by mail or by PDF attached to an email using the contact information listed below.
Identification of the copyrighted work claimed to have been infringed, 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.
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.
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.
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.
- What type of content are you reporting? (ex. Video, group, photo, post)
- If possible, provide the poster's name and URL of that post or group.
- Declaration Statement: By submitting this notice, you state: that you have a good faith belief that the reported use described above, in the manner you have complained of, is not authorized by the intellectual property rights owner, its agent, or the law; that the information contained in this notice is accurate; and, under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property rights at issue.
- Signature and Date
- Email: email@example.com
- Mailing address US:
- 3001 Brighton Blvd. Suite 2760
- Denver, CO 80216
- Mailing address AU:
- 398 Johnston St, Abbotsford VIC 3067, Australia