These resources offer insights into copyright protection, guiding you on how to safeguard your original works and steer clear of violating others' copyrights. Additionally, they detail how our platform handles reports of copyright infringement. If you suspect unauthorized use of your copyrighted material, you're encouraged to report it through our specified form.
Copyright laws differ across countries. For a deeper understanding of copyright legislation, you might consider visiting the U.S. Copyright Office or the World Intellectual Property Organization (WIPO) websites. While we're dedicated to providing support on these matters, please note that we cannot offer legal advice. For more comprehensive inquiries or specific situations, consulting with a legal professional is recommended.
Discover More About Copyright
What is copyright and what does it Cover?
What is copyright and what does it Cover?
Typically, the creator of an original piece automatically holds the copyright for that work. For instance, if you paint a picture or snap a photograph, you are generally considered the copyright owner of that piece. However, there are scenarios where copyright ownership might not be as straightforward as it seems. Consider the following:
Being the subject of a photograph or video doesn't grant you copyright over the image or footage.
Capturing a photograph of a public sculpture doesn't give you exclusive rights to prevent others from photographing the same sculpture.
Creating a work as part of your job duties may not necessarily mean you own the copyright. In such cases, your employer could legally be regarded as the "author" and copyright holder of the work.
If you're uncertain about your copyright ownership or rights in a particular situation, it's wise to seek legal advice from a qualified attorney to clarify your position.
What am I entitled to as a copyright owner?
What am I entitled to as a copyright owner?
As the holder of a copyright, you are afforded specific legal rights. These rights allow you to restrict others from copying, distributing, or creating derivative works based on your original creation without your explicit consent. A breach of copyright, known as copyright infringement, typically occurs when someone partakes in these prohibited activities without the permission of the copyright owner.
For instance, if an individual uploads a photo or video of yours, they are effectively making an unauthorized copy of your work. The same principle applies if someone incorporates a song into their video's soundtrack, regardless of whether they have legally purchased the song through another platform.
When you hold a copyright, you not only have the authority to authorize the use of your work but also the power to prevent unauthorized use of your copyrighted material by others.
Copyright Vs. Trademark
Copyright Vs. Trademark
In many jurisdictions around the world, both copyright and trademark laws are recognized and enforced, albeit serving distinct purposes.
Copyright law is designed to encourage creativity and innovation by offering incentives for the creation of original works of authorship. This legal protection extends to various forms of media such as photographs, videos, movies, and music, ensuring creators can benefit from their creations for the public good. It's noteworthy that in the United States, the provisions of the Digital Millennium Copyright Act (DMCA) specifically protect copyrights and do not extend to trademarks.
On the other hand, trademark law aims to safeguard consumers from potential confusion or deception. It prevents anyone but the rightful owner from using a trademark—a brand's logo, for instance—in a manner that could mislead consumers about the origin of goods or services. This branch of law protects identifiers such as brand names, slogans, logos, and other symbols that are crucial in helping consumers recognize the source of a product or service.
Copyright and Posting Content on Clearly Development
How can I ensure my content does not violate copyright law?
How can I ensure my content does not violate copyright law?
Before uploading content to Clearly Development, take a moment to reflect on these essential inquiries:
Is every part of the content I intend to share originally created by me?
Do I hold the rights or have explicit permission to use all components of my submission?
Can my utilization of this content be considered an exception to copyright infringement, under guidelines such as fair use?
Is the material I'm planning to post protected under copyright law (e.g., is it merely a short phrase, an idea, or a work in the public domain)?
How does Clearly Development handle United States Digital Millennium Copyright Act (DMCA) counter-claims?
How does Clearly Development handle United States Digital Millennium Copyright Act (DMCA) counter-claims?
Clearly Development adheres to the notice-and-takedown procedures as outlined in Section 512(c) of the United States Digital Millennium Copyright Act (DMCA), specifically for handling content that infringes on U.S. copyright laws.
If your content is taken down in accordance with the DMCA, we will provide you with detailed instructions on how to submit a counter-notification. This step should only be taken if you believe your content was removed due to an error or misidentification. It's important to note that if your content was removed for reasons not related to a copyright issue, you might not receive further communication from us on the matter.
Upon receiving a valid DMCA counter-notification, we will forward it to the individual or entity that initially reported the content. This forwarded information will include your contact details, allowing them to reach out to you directly.
Should the reporting party fail to inform us of their intention to seek a court order to maintain the removal of the content within 14 business days, we will proceed to restore or stop disabling access to the content in question, as per DMCA guidelines. Please be aware that technical limitations might prevent the restoration of some content. In such cases, we will update you accordingly, and you may opt to repost the content if you wish.
Content reinstated following a valid DMCA counter-notification will not negatively impact your standing under our repeat infringer policy.
How do I contact Clearly Development's Digital Millennium Act Copyright (DMCA) designated agent?
How do I contact Clearly Development's Digital Millennium Act Copyright (DMCA) designated agent?
To swiftly and conveniently file a DMCA copyright infringement report, please direct your communication to our designated agent via copyright_agent@clearlydev.com.
It's important to remember that your submission must encompass a comprehensive copyright claim.
What information do I need to include in a copyright report (takedown request)?
What information do I need to include in a copyright report (takedown request)?
The quickest and most straightforward method to report a copyright infringement on Clearly Development is through our reporting mechanism. Whether you opt to use our online form or another approach, we require the following details to effectively process your claim:
Your full contact details (name, postal address, and telephone number).
A detailed description of the copyrighted material you believe has been violated.
Specific information about the content on our platform you allege is infringing upon your copyright, sufficient for us to identify and locate it. Providing the direct web addresses (URLs) to the content in question is the most efficient way to achieve this.
A statement affirming:
Your genuine belief that the use of the copyrighted content in question, as per your claim, is not authorized by the copyright owner, their agent, or the law.The accuracy of the information contained in your notice.
Under penalty of perjury, that you are the copyright owner or are authorized to act on their behalf concerning the exclusive right that is allegedly infringed.
Your signature, which can be electronic or physical.
Please be aware that we typically share your name, contact information, and the substance of your report with the individual or entity that posted the content you are reporting. If you're representing someone else, we'll also share the name of the organization or client holding the rights. Consequently, you might prefer to provide a professional or business email address for correspondence.
Clearly Development removed content as a result of my copyright report. What information is sent to the person who posted the content?
Clearly Development removed content as a result of my copyright report. What information is sent to the person who posted the content?
Upon processing a copyright report submitted via our agent and consequentially removing the implicated content, we typically inform the individual who posted the material of the following details:
The report number
The name of the rights owner
The email address the reporting party furnished
A summary of the report
Guidelines on how to appeal the removal
It's possible the person from whom the content was removed might reach out to you using the information you've provided. Hence, it's advisable to use a valid, general business or professional email address for such submissions.