Post images freely? FAIR USE & DMCAREMOVAL. Is this verbiage legit?

byMikeHolm

174 followers

8 years ago

I posted this is the writing and authoring content classroom, but maybe that wasn't the best place for it, so I'll put it here, too.

I really like how a particular website utilizes imagery in their articles, so I decided to investigate further on how they go about obtaining the images. Many of the images are linked back to pixabay, Flickr...etc. but some are not linked to anything.

This site has ads EVERYWHERE, so even though theY are not linking to products in their content, I would consider it monetized. (Is that a correct assumption?)

Anyway, I came across the following verbiage on their site, and I would love to hear thoughts on the effectiveness of it - if any.

The following is directly from the site. I have removed all references to the site itself so as to keep it anonymous.

FAIR USE NOTICE:

This web site contains some copyrighted material whose use has not been authorized by the copyright owners. We believe that this not-for-profit, educational use on the Web constitutes a fair use of the copyrighted material (as provided for in section 107 of the US Copyright Law.)

If you wish to use this copyrighted material for purposes that go beyond fair use, you must obtain permission from the copyright owner.

Fair Use notwithstanding, we will immediately comply with any copyright owner who wants their material removed or modified. All articles and images contained on (website domain) which are not created/provided by (website domain) are attributed to the original owner/creator.

The opinions and viewpoints expressed on (website domain) articles are not necessarily those of the (website domain) owner, webmaster, or staff members.

Each article is attributed to its originator, which is listed at the bottom of each entry, when available.

DMCA/REMOVAL

(Name of Website) (“Website”) has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

This is information for anyone that wishes to challenge our “fair use” of copyrighted material.

Many of the stories on this site contain copyrighted material whose use has not been specifically authorized by the copyright owner. We are making this material available in an effort to advance the understanding of environmental issues, human rights, economic and political democracy, science and technology, health, issues of social justice, and other certain conscious knowledge.

Fair use: Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational, or personal use tips the balance in favor of fair use.

We believe that because we are a news/education/research website, that our use of such copyrighted material falls under “fair use”.

If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting us at (website email address) Images displayed on(website domain) remain copyright material of their respective owners.

The information, views, and articles contained on (website domain) and other pages belonging to “NAME OF WEBSITE” do not necessarily reflect the views and opinions of the website, staff and writers.

We will respond and take necessary action immediately.

If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.

We believe in the free-flow of information, and this site may feature content that is not created by us,including articles, videos, and images. All 3rd party material posted on this website is copyright to the respective owners/authors and (domain name)makes no claim of copyright on such material.

“NAME OF WEBSITE” – DMCA COPYRIGHT POLICY

REPORTING COPYRIGHT INFRINGEMENT:

If you allege that your intellectual property is being violated, you must submit to the website:

1.A physical or electronic notification from a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

2.Identification of the works or materials being infringed;

3.Identification of the material that is claimed to be infringing including information regarding the specific location of the infringing materials on the website that the copyright owner seeks to have removed, with sufficient detail so that the website is capable of finding and verifying its existence;

4.Contact information of the person notifying the website, including address, telephone number and, if available, e-mail address;

5.A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

6.A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:

It is the website’s policy:

1.to remove or disable access to the infringing material;

2.to notify the content provider, member or user that it has removed or disabled access to the material; and

3.that repeat offenders will have the infringing material removed from the system and that the website will terminate any such originating content provider’s, member’s or user’s access to our service.

Please contact the website administrators following the above procedures at: (website email address)

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