Copyright is an issue that all UMiTouch users must pay attention to. Below we will provide all relevant information and tool resources to help you manage your copyright on the UMiTouch platform and learn more about how to avoid infringement of the copyright of other creators.
About the fair use principle
Different countries/regions have different standards for the circumstances under which the copyright owner’s content can be used without the permission of the copyright owner. For example, in the United States, works such as reviews, criticism, research, teaching, or news reporting may be deemed to comply with the fair use principle. In some other countries/regions, there is a similar concept, which is the so-called "fair use" principle, and the standards adopted maybe different.
The court will analyze possible fair use behaviors based on the arguments in each specific case. If your media contains copyrighted content, you may have to seek legal advice from experts before uploading.
Four factors for fair use
1.Purpose and nature of use (including whether it is used for commercial or non-profit educational purposes)
Generally speaking, the focus of the court's judgment is whether the use behavior has been "transformed." That is, whether to add new expressions or meanings to the original content, or just copy the original content. If it is a commercial use, although it may be profitable through the media and still has an advantage in fair use defense, it is unlikely to be ruled as conforming to the fair use principle.
2.Nature of copyrighted work
The use of works based on facts as the main creative basis is more likely to be recognized as conforming to the principle of fair use than the use of purely fictitious works.
3.The overall number of copyrighted works related to the use of parts
Citing a small amount of original content is more likely to be deemed to comply with the fair use principle than quoting a large amount of content. However, if the cited content belongs to the "core" part of the original work, even if it only accounts for a small part of the whole, it may still violate the fair use principle in some cases.
4.The effect of the act of use on the potential market or value of the copyrighted work
If the use behavior causes damage to the copyright owner's profit from the original work, it is usually unlikely to comply with the fair use principle. If it is a satirical parody, the court may sometimes consider it as fair use, and such cases are an exception to this principle.
File a copyright infringement notice
If you believe that someone has published the URL information of your copyrighted works (pictures, videos, etc.) on UMiTouch without authorization, you can file a copyright infringement notice. Before you send a notice, please consider the principles of fair use and reasonable disposal, or similar copyright exceptions. Only the copyright owner or his authorized agent can submit such requests.
If you want to report suspected infringing media or materials to UMiTouch, the easiest and fastest way is to fill in the form by reporting. You can find this feature at the bottom of the media browsing interface.
After we accept your declaration, we will request the following verification information with you via e-mail:
■ The handwritten or electronic signature of the person submitting the notice.
■ The identification of the copyrighted work that is claimed to have been infringed, or if there are multiple copyrighted works, a list of such works.
■ Identify the material that is claimed to be infringing, the material to be removed or banned, and enough information for us to find the material.
■Information sufficient to allow us to contact the complainant, such as address, telephone number, and email address.
■A statement that the complainant believes that the use of the material is not authorized by the copyright owner or the law.
■A statement that the information in the notice is accurate.
※ Please do not make false claims. Abuse of this procedure may result in suspension of your account, and you may also be liable for other legal responsibilities.
Defence statement
Counter notification refers to a legal request made by the original uploader of media or material or its authorized agent to UMiTouch, requiring UMiTouch to restore the online material (pictures, music, etc.) that was removed from the shelves for alleged copyright infringement. Only when the media or material uploaded by the respondent is removed or banned due to the system's misjudgment of the content (for example, the content that complies with the fair use principle is removed by mistake), the respondent can request a response . In addition, no response request is allowed.
※ Please note that when we forward the reply notice, we will attach the full text of the reply notice, including all the personal information you provided. The complaining party can use this information to file a lawsuit against you to prevent the relevant content from resuming online on UMiTouch.
After we have processed your reply notice and forwarded it to the claimant, the other party must provide relevant supporting documents within 10 working days to verify that it has taken legal action to ensure that the relevant content remains off the shelf. Since 10 working days is the processing period stipulated by the copyright law, please be patient.
If your account is suspended due to repeated copyright infringements, you will not be able to use the response notification form. If necessary, you can submit an informal response notice.
Withdraw the infringement complaint
After submitting a copyright infringement notice, the copyright owner may find that the content he has identified is wrong and change his mind for some reason. Therefore, if the party submitting the copyright statement wants to withdraw the statement, UMiTouch will respect it.
If your media or material is removed
If you are a user accused of the copyright statement, you can directly contact the copyright owner and ask the other party to withdraw the appeal. We will inform you of the report, as well as the information and e-mail address of the reporter through the system notification. The easiest way is to explain through actual contact.