1 |
What is copyright? |
1.1 |
Copyright is a form of protection provided for original works of authorship, including literary, dramatic, musical, graphic and audiovisual creations. "Copyright" literally means the right to copy, but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work.
|
2 |
What is copyright infringement? |
2.1 |
Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed or made into a derivative work without the permission of the copyright owner.
|
2.2 |
Posting copyright-infringing content can lead to the termination of your account and possibly monetary damages if a copyright owner decides to take legal action (this is serious - you could get sued!)
|
3 |
The Copyright Policy
|
3.1 |
As The Top 100 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. As an overriding principle, you should always obtain the copyright owner’s permission before you place any material on the site.
- 1. You will not post content that infringes someone else's rights or otherwise violates the law.
- 2. We can remove any content or information you post on the site if we believe that it violates this statement.
- 3. If you believe that material located on The Top 100 website violates your copyright, you should file a copyright infringement notification with us – see below.
- 4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you have the right to appeal – see below.
- 5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
|
3.2 |
DISCLAIMER: WE ARE NOT YOUR LAWYERS AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
|
4 |
Filing a copyright infringement notification |
4.1 |
To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:
- 1. Include a statement telling us that you have found content on The Top 100 website which you believe infringes your copyright (for example, "I hereby confirm that I believe a photograph identified below infringes my copyright").
- 2. Tell us which country your copyright applies to.
- 3. Tell us the title of the content concerned and the full URL for its item page.
- 4. Explain to us how the content infringes your copyright (e.g. the entire text is a copy of an original work made by you, etc.)
- 5. Identify the type (e.g. a film, a piece of music, a book, etc.) and details (e.g. title, publisher, dates, etc.) of the copyright work which you own the rights to and which you believe has been infringed. If this information is available on the Internet, it is helpful to send us a link.
- 6. Provide us with your contact information so that we can get in touch with you (email address is preferred).
- 7. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
- 8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
- 9. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- 10. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
To expedite our ability to process your request, such written notice should be sent to our designated agent via our online form.
|
4.2 |
Make sure you know whether the content that you have seen on The Top 100 website infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process. Don't make false claims! |
4.3 |
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. |
5 |
Filing a counter notification |
5.1 |
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you can make a counter notification. |
5.2 |
A counter-notification must include the following specific elements:
- 1. Identification of the specific URLs of material that The Top 100 has removed or to which The Top 100 has disabled access.
- 2. Your full name, address, telephone number, email address and the username of your The Top 100 account.
- 3. The statement "I will accept service of process from the person who provided The Top 100 with the original copyright complaint or an authorised agent of such person."
- 4. The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- 5. Signature. A scanned physical signature or a valid electronic signature will be accepted.
|
5.3 |
We can only accept a counter-notification directly from the user from whose account an item of content has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account. |
5.4 |
Our preferred method of counter-notification submission is via our online form. |
6 |
What happens next? |
6.1 |
After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant. We may then reinstate the material in question at our discretion. |
6.2 |
Note: Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to legal liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. |