Copyright is an issue every UMiTouch user must take seriously. The information and resources below are provided to help you manage your rights on the UMiTouch platform and better understand how to avoid infringing the copyright of other creators.
About Fair Use
Standards for using content without the copyright owner's permission differ across countries and regions. For example, in the United States, works used for commentary, criticism, research, teaching, or news reporting may be considered fair use. Other countries or regions may also have similar concepts, but the standards they apply can differ.
Courts analyze fair use based on the issues in each specific case. If your media includes content protected by another person's copyright, you may need to consult a legal professional before uploading it.
Four Factors Used to Assess Fair Use
1. The purpose and character of the use, including whether it is for commercial purposes or nonprofit educational purposes
Courts usually focus on whether the use is "transformative," meaning whether it adds new expression or meaning to the original material rather than merely copying it. If the use is commercial, even where a fair-use defense may be available, the chance of qualifying as fair use is generally lower.
2. The nature of the copyrighted work
Using works based on factual material is more likely to be considered fair use than using purely fictional works.
3. The amount and substantiality of the portion used
Using a small amount of the original material is more likely to qualify as fair use. However, if the portion used is the "heart" of the original work, it may still fail to qualify even if the amount is relatively small.
4. The effect of the use on the market for or value of the copyrighted work
If the use harms the copyright owner's potential market or revenue from the original work, it generally will not be regarded as fair use. There are exceptions, however, such as some parody works, which courts may sometimes recognize as fair use.
Submitting a Copyright Infringement Notice
If you believe someone has uploaded material to UMiTouch without authorization and that material includes a work you own the copyright to, such as an image or video, you may submit an infringement notice. Before sending such a notice, please consider fair use, fair dealing, or other copyright exceptions. Only the copyright owner or a lawfully authorized agent may submit this type of complaint.
If you want to report media or materials suspected of infringement, the easiest method is to fill out the report form available within the UMiTouch system, located below the media browsing interface.
After we receive your request, we will confirm the following information with you by email:
■ the handwritten or electronic signature of the notifying party
■ identifying information for the copyrighted work claimed to have been infringed, or a list if multiple works are involved
■ specific identifying information for the allegedly infringing content, including the material to be removed or disabled and its location
■ contact information sufficient to reach the notifying party, such as address, phone number, and email address
■ a statement that the use of the material is not authorized by the copyright owner or by law
■ a statement that the contents of the notice are accurate
※ Please do not submit false claims. Abuse of this mechanism may result in suspension of your account and potential legal liability.
Counter-Notification
If your media or materials are removed because of an alleged copyright infringement, but the removal is actually based on a mistake, such as content that should qualify as fair use, you or your authorized agent may submit a counter-notification to UMiTouch requesting that the removed content be restored. A counter-notification may not be submitted if the removal was not a mistake.
※ Please note that when we forward a counter-notification, it will include the full response and all contact information you provide. The reporting party may use that information to file a lawsuit against you in order to prevent the content from being restored.
After we process and forward your counter-notification, the original reporting party must provide proof of legal action within ten business days, otherwise the content may be restored. This is the standard processing period set by copyright law, so please be patient.
If your account has been suspended because of repeated infringement, you will not be able to use the counter-notification process. If necessary, you may submit an informal statement of appeal.
Withdrawing a Copyright Complaint
If a copyright owner later determines that a complaint was made in error, or changes their mind for another reason, they may notify UMiTouch to withdraw the complaint, and we will respect that request.
If Your Media or Materials Are Taken Down
If you are the user whose content has been reported, you may contact the original complainant directly and ask them to withdraw the claim. The UMiTouch system will notify you of the report details and the complainant's contact information, such as an email address. The best approach is usually to resolve misunderstandings through direct communication.
※ Please note that if the email used to withdraw a complaint is different from the email originally used to file it, we will not be able to process the request. All processing information must be sent from the originally registered email address.