DMCA Notice Of Copyright Infringement
First, although our Company is based outside the United States and not governed by U.S. law, we respect the rights of copyright owners and thus have implemented certain policies in an effort to voluntarily comply with laws such as the Digital Millennium Copyright Act ("DMCA"). If you believe any material accessible on Culture Whiz infringes your copyright, you may submit a copyright infringement notification (see below,). These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
Second, we are technology platform like Facebook, YouTube, Instagram and so on. We provide users with a platform to share content. Thus under legal shield known as “safe harbor” that protects technology platforms. Safe port provisions (section 512) protect service providers who remove infringing content as soon as a valid copyright (DMCA) report is filed against monetary damages for the infringing activities of their users and other third parties on the Internet. YouTube itself is well protected because it is against its policy to host infringing videos, and once it has been reported, all infringing videos will be removed.
See: https://www.eff.org/issues/dmca
By posting content to YouTube you grant YouTube a license to do pretty much whatever it wants with your work. That includes sub-licensing it to others and modifying it (making derivative works).
The youTube TOS states the following -
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. ~~ [youTube TOS part 6C]
This clearly indicates that the owner of the video grants you a limited license to embed the video simply by leaving the embed option (which is part of the functionality of the YouTube Service). If the owner has disabled the embedding option, you can not otherwise duplicate the video and display it on your site. Similarly, the limited license does not grant permission to modify, extend, shorten or publish video screenshots.
Third, we are a non-profit organization. Org extensions are used by educational websites whose sole purpose is to provide people with free education. Any monetary funds received are donations and therefore not commercial.
Moreover, laws across the globe recognize that strict application of copyright laws in certain cases may be unfair or may inappropriately stifle creativity or stop people from creating original works, which would harm the public. These laws allow people to use, under certain circumstances, someone else's copyrighted work. Common examples include use for the purpose of criticism, commentary, parody, satire, news reporting, teaching, education and research.
FILING A DMCA NOTICE OF COPYRIGHT INFRINGEMENT
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
You may notify Culture Whiz of alleged copyright infringement via our form found at https://culturewhiz.org/contact This form is designed to help you identify your content accurately and help speed up the process of content take-down. 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 Culture Whiz is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. In that case, in accordance with the DMCA, the written notice (the “DMCA Notice”) must include substantially the following:
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Adequate information by which we, and the uploader(s) of any video(s) you remove, can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law..
- A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.
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.