VIEWCHAT’S INTELLECTUAL PROPERTY RIGHT POLICY
The purpose of this policy is to protect the intellectual property rights and the rights neighboring on them and to promote fair use of works in order to contribute to the improvement and development of culture and related industries.The terms used in this policy shall be defined as follows:
a. The term “work” means a creative production that expresses human thoughts and emotions.
b. The term “author” means a person who creates a work.
c. The term “public performance” means to present to the public works, performances, phonograms or broadcasts by acting, musical playing, singing, narrating, reciting, screening, playback or other means, including transmission (excluding interactive transmission) made in the connected premises in the possession of one and the same person.
d. The term “performer” means a person who gives a stage performance by expressing works through acting, dancing, musical playing, singing, narrating, reciting or other artistic means or by expressing things other than works in a similar way, including a person who conducts, directs or supervises a stage performance.
e. The term “public transmission” means transmitting works, stage performances, phonograms, broadcasts or database (hereinafter referred to as “works, etc.”) by making such available to the public by wire or wireless means so that the public may receive them or have access to them.
f. The term “broadcasting” means, among the public transmission, transmitting sound or image, or sound and image so that the public may receive it at the same time.
g. The term “interactive transmission” means, among types of public transmission, to make works, etc. available for the public so that the members of the public may have access at the time and place of their own choice, including transmission to be done accordingly.
h. The term “cinematographic work” means a creative production in which a series of images (regardless of whether accompanied by sound) are recorded, and which may be played by mechanical or electronic devices to be seen, or seen and heard through a reproduction.
i. The term “producer of cinematographic works” means one who plans and takes responsibility for the whole in the production of cinematographic works.
j. The term “reproduction” means the temporary or permanent fixation of works in a tangible medium or a remaking of works by means of printing, photographing, copying, sound or visual recording, or other means; in cases of architectural structures, it includes carrying out construction of works in accordance with the models or plans for the relevant construction works.
k. The term “distribution” means a transfer by assignment or lending of the original or its copies to the public for free or at charge.
Viewchat respects the intellectual property rights of others, and we expect you to do the same. Viewchat’s policy do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights. Where a person does not unreasonably undermine an author's legitimate interest without conflicting with the normal exploitation of works, he or she is entitled to use such works.
1. Copyright
Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea (e.g., the specific way a video or music is expressed or created) but does not protect underlying ideas or facts.Authors
Any person who falls under any of the following subparagraphs shall be presumed to have the copyright for his or her works as an author: Amended on Jun. 30, 2011
a. A person whose real name or well-known pseudonym (referring to the stage name, pen name, abbreviated name, etc.; hereinafter the same shall apply) is indicated as the name of the author in a usual manner on the original or copies of a work.
b. A person whose real name or well-known pseudonym is indicated as the name of the author in the public performance or public transmission of a work.
If the name of the author is not indicated as prescribed under any of the subparagraphs, the person who is indicated as a publisher, public performer or a person making the work public shall be presumed to have the copyright.
Copyright Infringement
We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Viewchat’s policies.
At the same time, not all unauthorized uses of copyrighted content constitute an infringement. In many countries, exceptions to copyright infringement allow the use of copyrighted works under certain circumstances without authorization. These include the fair use doctrine in the United States and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).
Removal of Content; Suspension or Termination of Account
Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Viewchat site or app, or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Viewchat site or app, or otherwise hosted by Viewchat.
Information for Rightsholders: Copyright Infringement Notification
Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report to request the removal of the alleged infringing content from Viewchat.
All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.
We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.
Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws as may be applicable in other countries.
If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that Viewchat is not in a position to adjudicate disputes between third parties, and may not be able to remove the content or suspend the account you reported. As an alternative, you may want to contact the person who posted the content or owns the account to try to resolve your issue directly.
EU Copyright Directive
Pursuant to Article 17 of the Copyright Directive (EU 2019/790), if you want to make an enquiry about granting an authorisation to Viewchat to make your copyright-protected works available on Viewchat, please use this form. We will review your request and be in touch.
If you want to request that your music or audiovisual works are made unavailable in the EU, we need you to file this form. So that Viewchat can consider your request, you will have to provide us with relevant and necessary information about you and your copyright works. Upon receiving this information and validating your request, Viewchat will do its best to ensure that your copyright work is made unavailable on Viewchat in the EU.
Please note that in accordance with its legal obligations Viewchat provides to users and rightholders a copyright infringement dispute resolution mechanism, however rightholders remain free to assert their rights in court.
Information for Users: Copyright Infringement Counter-Notification
If you are a user located outside of the European Union
If you receive a copyright infringement notification that you believe to be in error or believe that you are authorised to use the content, you can reach out to the copyright owner directly to request a retraction.
You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.
The counter-notification process will take time to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries. Please note that, where appropriate and authorised by law, we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy. The claimant may use this information to file a lawsuit against you.
If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at Viewchat’s sole discretion.
If you are a user located in the European Union
If you receive a copyright infringement notification and believe that you have the right to post the content in question, you can complete a Counter Notification Form.
Under EU law, users are allowed to use copyright works without the authorization of the copyright holder for quotation, criticism, review and for the purpose of caricature, parody or pastiche provided that such use is fair. EU countries may also provide for additional exceptions. See below some further information about the exceptions and limitations to copyright available in the EU:
2. Trademark
A trademark is a sign capable of distinguishing the goods or services of one company in the market from those of other companies. Accordingly, it is vital that the trademark has distinctive or distinguishing capacity: it must be able to identify a business source. Therefore, a trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.Trademark Infringement
Trademark laws prohibit trademark infringement, which is generally the unauthorized use of a trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of the associated goods and/or services.
At the same time, the use of another’s trademark for purposes of accurately referencing, lawfully commenting, criticizing, parodying, or reviewing the trademark owner’s products or services, or for purposes of comparing them to other products or services, where the mark is not used to designate the user’s own goods or services or those of a third party, is generally not considered a violation of our policies. Likewise, it is generally permissible to make a fan page about a brand, even without the brand’s permission, provided that you do not claim to speak for or be associated with the brand or otherwise violate the brand’s intellectual property rights.
Removal of Content; Suspension or Termination of Account
Any content that violates another’s trademark rights may be taken down. Repeat violations of trademark rights in connection with the use of the Viewchat site or app, or other violations of the Terms of Service and Community Guidelines may result in the suspension or termination of the user account. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Viewchat’s site or app, or otherwise hosted by Viewchat.
Trademark Complaint and Notification
Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Trademark Infringement Report.
All complaints should contain the information requested in our online Trademark Infringement Report form. Failure to include necessary information may limit our ability to deal with your claims and may result in your complaint being denied. We may provide the account holder with your contact information, including the email address and the name of the trademark owner, and/or details of the complaint, in accordance with our Terms of Services and Privacy Policy.
Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under laws as may be applicable in some countries.
Trademark Infringement Counter-Notification
If you receive a trademark infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the trademark owner directly to request a retraction.
You may also provide us with a counter-notification via our online Counter Notification Form. All counter-notification should contain the information requested in our online Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.
General Note
You are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.