What is Copyright?

Copyright ownership gives the owner the exclusive right to use the work, with some exceptions. When a person creates an original work, fixed in a tangible medium, he or she automatically owns copyright to the work.

Which types of work are subject to copyright?

Many types of works are eligible for copyright protection, for example:

• Audiovisual works, such as TV shows, movies, and online videos
• Sound recordings and musical compositions
• Written works, such as lectures, articles, books, and musical compositions
• Visual works, such as paintings, posters, and advertisements
• Video games and computer software
• Dramatic works, such as plays and musicals

Can I use content from a work that's protected by copyright?

Copyright holders have the right to control most uses of their works. In some circumstances, it's possible to use a copyright-protected work without infringing their copyright:

• You've checked with the copyright holder, who has allowed you to use the content. It's a good idea to get written permission from them, for example, in the form of a license agreement.
• Some copyright holders make their works available to others for uncompensated reuse, with a few requirements. To learn more, you can read about Creative Commons licenses.
• In some cases, you can use content from a work that's protected by copyright without getting permission from the copyright holder. That's because some uses of copyrighted works are considered "fair use" or may fall within a limitation or exception to copyright law such as fair dealing. If you're not sure whether the use you're considering is legal without permission, you may wish to consult a lawyer.

What if I state that "no copyright infringement is intended"?

If you don't have permission to use copyright-protected work, your content could still be removed even if:

• You gave credit to the copyright holder.
  When giving permission to use their work, some copyright holders ask that you do this. In some cases, you may also need to credit the copyright holder if you plan to use their work in a way that you consider fair use or fair dealing. However, this doesn't automatically give you the right to use the content without permission.
• You bought the content, including a physical or digital copy.
  Owning a copy means you might be able to sell that copy or give it to a friend, but it doesn't give you the right to publicly share that content with the entire internet.
• You're not making a profit from the content.
  While it's more likely that non-commercial use can be considered fair use, or might satisfy the requirements of some licenses, not making a profit alone doesn't always mean your use is non-infringing.
• You've seen similar content elsewhere on the internet.
  Those other users might have gotten permission to share the content, or they may be using the content in a way that can be considered fair use.
• You recorded the content yourself from the TV, a movie theater, or the radio.
  Making your own copy from one of these sources doesn't give you the rights to the underlying content.
• You copied the content yourself from a textbook, a movie poster, or a photograph.
  As with the above, making your own copy doesn't give you the rights to the underlying content.
• You've stated that "no copyright infringement is intended."
  This never helps. Copyright infringement is a "strict liability" offense. This means that when the courts decide whether there was copyright infringement, they don't look at whether you intended to infringe or not.

Can App4arts.com (Rainbow riders) determine copyright ownership?

No. App4arts.com (Rainbow riders) isn't able to mediate rights ownership disputes. When we receive a takedown notice (from a concerned individual/party by sending us an email contact@app4arts.com), we remove the content as the law requires. When we receive a valid counter notification, we forward it to the person who requested the removal. If there's still a dispute, it's up to the parties involved to resolve the issue in court.

What's the difference between copyright & trademark? What about patents?

Copyright is just one form of intellectual property. It isn't the same as trademark, which protects brand names, mottos, logos, and other source identifiers from being used by others for certain purposes. It's also different from patent law, which protects inventions.

What's the difference between copyright & privacy?

Just because you appear in a video, image, or audio recording doesn't mean you own the copyright to it. For example, if your friend took a picture of you, she would own the copyright to the image that she took. If your friend, or someone else, uploaded a video, image, or recording of you without your permission, and you feel it violates your privacy or safety, you may wish to file a privacy complaint to us giving us details about you and concerns by sending us an email contact@app4arts.com.

Copyright infringement notification requirements

The easiest way to file a complaint is by sending us an email contact@app4arts.com with all associated details.

Copyright notifications must include the following elements. Without this information, we will be unable to take action on your request:

1. Your contact information:
   You'll need to provide information that will allow us to contact you regarding your complaint, such as an email address, physical address, or telephone number.
2. A description of your work that you believe has been infringed:
   In your complaint, be sure to clearly and completely describe the copyrighted content you're seeking to protect. If multiple copyrighted works are covered in your complaint, the law allows a representative list of such works.
3. Each allegedly infringing URL:
   Your complaint must contain the specific URL of the content you believe infringes your rights, or we'll be unable to locate it. General information about the location of the content isn't adequate. Please include the URL(s) of the exact content at issue.
4. You must agree to and affirm both of the following statements:
   • "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
   • "The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
5. Your signature
   Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.

About Fair Use

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use. Section 107 calls for consideration of the following four factors in evaluating a question of fair use:

1. Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes: Courts look at how the party claiming fair use is using the copyrighted work, and are more likely to find that nonprofit educational and noncommercial uses are fair. This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, "transformative" uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.
2. Nature of the copyrighted work in relation to the copyrighted work as a whole: This factor analyzes the degree to which the work that was used relates to copyright's purpose of encouraging creative expression. Thus, using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of fair use than using a factual work (such as a technical article or news item). In addition, use of an unpublished work is less likely to be considered fair.
3. Amount and substantiality of the portion used: Under this factor, courts look at both the quantity and quality of the copyrighted material that was used. If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely. That said, some courts have found use of an entire work to be fair under certain circumstances. And in other contexts, using even a small amount of a copyrighted work was determined not to be fair because the selection was an important part—or the "heart"—of the work.
4. Effect of the use upon the potential market for or value of the copyrighted work: Here, courts review whether, and to what extent, the unlicensed use harms the existing or future market for the copyright owner's original work. In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread.

In addition to the above, other factors may also be considered by a court in weighing a fair use question, depending upon the circumstances. Courts evaluate fair use claims on a case-by-case basis, and the outcome of any given case depends on a fact-specific inquiry. This means that there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.