Have you ever wondered what
actions you are permitted to do in connection with a video, or music, or a text
document and what actions constitute a copyright violation? Well, you
should.
First of all, it is the
policy of Footbo Ltd. to respect the legitimate rights of artists and creators
of copyrighted works.
Second, posting copyright
infringing content can lead to the termination of your account.
Finally, you could be sued
for monetary damages if a copyright owner takes you to court.
We hope you will work with
us to keep our community a creative and legal experience for everyone. Here are
some guidelines to help you determine whether posting material is legal or
whether it infringes someone else's copyright.
How To Make Sure The
Content You Post Does Not InfringeThe best way to ensure the
material you upload doesn't infringe someone else's copyright is to simply
create your own original work using your skills, imagination and creativity. If
it's all yours, you never have to worry about the copyright infringement—you own
it! Footbo encourages you to create and post your own works
so that others can enjoy them.
Make sure that your work is
really ALL yours. For example, if your video uses an audio track
of a sound recording owned by a record label, your video infringes the copyright
of the record label, unless you received permission from that label. If we
receive a notice from that record label, we will remove that file, and, if you
are a repeat infringer, we will disable your access to the Footbo service.
Some Guiding
Principles
Here are some principles
which may be helpful:- TV shows, including sports broadcasts,
are commercial copyrighted material. They may typically not be uploaded unless
you have the owner’s permission.
- If you tape a clip from another source,
it usually violates someone’s copyright. It doesn't matter how long or short the
clip is. If you taped it off cable, videotaped your TV screen, or downloaded it
from some other website, it is still copyrighted, and requires the copyright
owner's permission to distribute.
- It doesn't matter whether or not you
give credit to the writer, owner, author, cameraman, or songwriter—it is still
copyrighted, and you cannot post it without the owner’s permission.
- The owner or owners of the venue where a
video is shot may have a say in whether that video can be shown.
- It doesn't matter that you are not
making commercial use of the content, or that you are not charging money for
it—it is still copyrighted.
- It doesn't matter whether or not the
material contains a copyright notice—it is still copyrighted.
- Just because the text, picture, music or
video is posted on the internet does not mean that you can use it—it is still
copyrighted.
Fair Use - Using Some
Copyrighted Content in Your Works
You may have heard of the
term “fair use” or “fair dealing.” Under certain circumstances, you are allowed
to make limited use of other people’s copyrighted materials without their
permission. This is called “fair use” in the United States, and is sometimes
called “fair dealing”, “free use” or “fair practices” in the United Kingdom or
other locations. The law varies from country to country, so it is difficult to
make generalizations here.
Fair use is a legal
principle that defines the limitations on the exclusive rights of copyright
holders.
There is no simple test to
determine what is fair use so the safest course is always to get permission from
the copyright owner before using copyrighted material. When it is impracticable
to obtain permission, use of copyrighted material should be avoided unless the
doctrine of “fair use” would clearly apply to the situation. Here are some
examples of activities that courts have generally regarded as fair use:
- Quotation of excerpts in a review or
criticism for purposes of illustration or comment
- Quotation of short passages in a
scholarly or technical work, for illustration or clarification of the author's
observations
- Use in a parody of a limited amount of
the content of the work parodied
- Summary of an address or article, with
brief quotations, in a news report
- Reproduction by a teacher or student of
a small part of a work to illustrate a lesson
- Reproduction of a work in legislative or
judicial proceedings or reports
- Incidental reproduction, in a newsreel
or broadcast, of a work located in the scene of an event being reported
You should know, however,
that since works on Footbo are viewable in all countries in the world, the laws
of those countries could apply. Many countries have a much more limited view of
fair use, or may not have the fair use concept at all. Please note that a "fair
use" is not likely to be found "fair" if a large or significant excerpt is used
or if the use would tend to discourage purchases or supplant demand for the
copyrighted work.
What We Do If You Upload
Infringing Content
It is the policy of
Footbo to respect the legitimate rights of copyright and
other intellectual property owners. We act in accordance with law in the
European Union (the European Union Directive on Electronic Commerce, which has
been implemented in EU countries) and the United States called the Digital
Millennium Copyright Act (the "DMCA"). Under the DMCA, Footbo has
designated a person to receive notices of claimed copyright infringement. If you
believe that your copyrighted material is being infringed, please write us with
all the details.
Copyright notice
When we receive a valid
notice that content on our site infringes the copyright of someone else, we will
delete the infringing material. Repeated infringement will result in termination
of your use of the Footbo
service, so please do not post
infringing material—we want you to enjoy all the wonderful aspects of the
Footbo community for a long time!!