Copyright and intellectual property
Copyright or Trademark Infringement. Respect the copyrights and trademarks of others. If you aren't allowed to use someone else's copyrighted or trademarked work (either by license or by legal exceptions and limitations such as fair use or fair dealing), don't post it.
Intellectual property is a tricky issue, so now is as good a time as any to explain some aspects of the process we use for handling copyright and trademark complaints. We respond to notices of alleged copyright infringement as per our Terms of Service and the Digital Millennium Copyright Act; please see our DMCA notification form at the bottom of this page to file a copyright claim online. Please note that we require a valid DMCA notice before removing content. Parties asserting a trademark infringement claim should identify the allegedly infringing work and the legal basis for their claim, and include the registration and/or application number(s) pertaining to their trademark. Each claim is reviewed by a trained member of our Trust and Safety team.
If we remove material in response to a copyright or trademark claim, the user who posted the allegedly infringing material will be provided with information from the complainant's notice (like identification of the rightsholder and the allegedly infringed work) so they can determine the basis of the claim.
We always want to make sure there is room in any copyright or trademark complaint for both parties to make their case. With regard to copyright claims, the posting user can file a DMCA counter-notification with us, as described in our Terms of Service. Counter-notifications that we determine to be valid will result in restoration of the content at issue following the required waiting period prescribed by the DMCA. With regard to trademark claims, the posting user can send us an appeal explaining their side of the situation, along with any relevant materials we should look at. A successful trademark appeal will also result in restoration of the content at issue.
With regard to repeat copyright infringement, we use a three-strike system to evaluate the standing of a user's account, where, generally, each valid copyright infringement notice constitutes a strike, and three strikes results in the termination of a user's account. When a user submits a valid DMCA counter-notification, we remove the associated strike from their record.
Whew. It's a complex process, but one we're proud of, and that we think strikes all the appropriate balances.
F4R has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of f4r's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA using our copyright notice form.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the administrators by using the form below.
Include in your Claim the following:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that F4R is capable of finding it and verifying its existence.
Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Subscriber who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, F4R will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. F4R will terminate, under appropriate circumstances, the Accounts of Subscribers who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Subscriber for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with f4r by providing the following information to the Designated Agent at the address below:
The specific URLs of material that F4R has removed or to which F4R has disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that 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."
Upon receipt of a valid counter-notification, F4R will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If F4R does not receive any such notification within ten (10) days, we may restore the material to the Services.
Fair use/Fair dealing
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.
1. Purpose and character of the use
2. Nature of the copyrighted work
3. Amount and substantiality
4. Effect upon work's value
The term "fair use" originated in the United States. A similar-sounding principle, fair dealing, exists in some other common law jurisdictions but in fact it is more similar in principle to the enumerated exceptions found under civil law systems. Civil law jurisdictions have other limitations and exceptions to copyright.
Fair use is one of the traditional safety valves intended to balance the public's interest in open access with the property interests of copyright holders.
Fair dealing allows specific exceptions to copyright protections. The open-ended concept of fair use is generally not observed in jurisdictions where fair dealing is in place, although this does vary. Fair dealing is established in legislation in Australia, Canada, New Zealand, Singapore, India, South Africa and the United Kingdom, among others.
Under the Copyright, Designs and Patents Act 1988 (CDPA), fair dealing is limited to the following purposes: research and private study (both must be non-commercial), criticism / review / quotation, and news reporting (sections 29, 30, 178); as well as parody, caricature and pastiche (section 30A) and illustration for teaching. Although not actually defined as a fair dealing, incidental inclusion of a copyrighted work in an artistic work, sound recording, film, broadcast or cable programe doesn't infringe copyright. Since 2014 the UK has protected the fair dealing exceptions from override by contracts or contractual terms and conditions.
Contrary to the often stated view, the provisions of section 29 of the CDPA do not state the amount of an in-copyright work that may be copied for the purposes of non-commercial research or private study or to single copies of the work, where the copies are made by the researcher or student himself. Such restrictions only apply to copies made by or on behalf of a librarian (by virtue of s. 40), or by a person, other than the researcher or student himself, who knows or has reason to believe that "it will result in copies of substantially the same material being provided to more than one person at substantially the same time and for substantially the same purpose" (by virtue of parag. s. 29(3)b).
For copying beyond the boundaries of fair dealing, universities and schools in the UK obtain licences from a national copyright collective, the UK Copyright Licensing Agency (CLA). Under these licences, multiple copies of portions of copyrighted works can be made for educational purposes.
If you believe your intellectual property right/copyright has been violated YOU ARE REQUIRED BY LAW TO NOTIFY f4r , but you do not notify us F4R will consider this a malicious claim, you will be reported as a malicious claimer and damages will be sought not exceeding $10,000,000,000 and no less than $1,000,000 USD