Copyright
Intellectual Property and Publicity Rights
YMCA KTUB is a community built on respect and recognition of artists. We ask, rather we beg, that you remember this when you are posting work on YMCA KTUB. If you make sure that all the works you upload consist of your very own, original ideas and are not infringing on the intellectual property or publicity rights of another, you will help us foster the supportive and creative environment that is YMCA KTUB. AND, besides being counter to all that YMCA KTUB stands for, stealing other people’s work and passing it off as your own is against the law:
There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, generally speaking…
COPYRIGHT law protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.
TRADEMARK law protects the use of words, symbols, designs or logos that identify and distinguish a source of goods.
PUBLICITY RIGHTS protect an individual’s name, image and likeness. Basically this means you can’t use someone else’s identity, to your commercial advantage, without their consent.
A NOTE ON FAIR USE: You might be able to incorporate someone else’s copyright or trademark into your own work, if you do it in such a way that that is considered “fair use” or in such a way that qualifies as another permissible use. However, please be aware that “fair use” typically applies in limited circumstances and isn’t the same as “freedom of speech”. Quite frankly “fair use” is a difficult concept, even for the experts, and the scope of “fair use” is different in different countries. So even if you think you’ve created a work covered by “fair use” or another permissible use, you should talk to an attorney prior to using it in connection with the YMCA KTUB service. While some uses might appear “fair” or permissible to you, we ask that you understand that YMCA KTUB must act in accordance with its Notice and Takedown procedure when a report has been received. Additionally, certain works may be taken down without a specific report being received if we are otherwise alerted or aware of potential infringement issues.
Ultimately, you take full responsibility for the works you upload and display on YMCA KTUB. This is reflected in the YMCA KTUB User Agreement. Use of the YMCA KTUB website indicates continued acceptance of this Agreement.
So please do us all a favour and if someone has created or owns the rights to a picture, painting, photograph, logo, story, poem or any other work, copyright, trademark or publicity right (regardless of whether it’s an individual or a large global company), obtain consent before you use that work in connection with the YMCA KTUB service. This will help ensure that you don’t infringe the rights of any third party and help us promote an encouraging and inspired environment at YMCA KTUB filled with wit, soul, meaning and aesthetic genius.
REPEAT INFRINGER POLICY: It is YMCA KTUB’s policy, in appropriate circumstances, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademark rights, other intellectual property rights or publicity rights of others.
If Your Work Has Been Included in a Notice/Takedown Report
If the YMCA KTUB Content Team has received a Notice and Takedown Report which specifically notes one or more of your works, the noted works will have been removed. You will not be able to view or update these works.
The Notice and Takedown Report that has been received may or may not have also included other works by other artists, and by removing the work, we are not stating that your work does or does not infringe copyright, trademark or publicity rights law.
We have a legal obligation to act on reports filed in accordance with our IP/Publicity Rights Policy.
While the work may not have been a direct copy of someone else’s work, it may contain elements, logos, or personal likenesses which may infringe on another’s rights.
If you believe a report was in error or should not apply to your work, you have the right to lodge a counter-notification.
We do apologize that we are legally not able to provide individual copyright, trademark or publicity rights advice, or give personal opinions on these matters.
We recommend that you research the relevant copyright, trademark and publicity rights laws and their application to your work on the Internet (a few links below), or consult an I.P. specialist if you are unsure why your specific work may have been included in a Notice and Takedown Report.
