KEEP User Policies
(Non-Disclosure) we do not share information about
KEEP users or their communications with the KEEP Toolkit Team with
others without the explicit permission of that user.
The Knowledge Media Lab does not share information about KEEP users or
about users’ communications with the KEEP Toolkit Team without the
explicit permission of that user.
we permit the searching of publicly shared snapshots by indexing
services and make public snapshot content available to those who search
Open Searching - The
Knowledge Media Lab permits the searching of shared snapshots by
indexing services. KML allows for content within public snapshots to be
made available for searching. The expressed purpose of searching is to
build community and to promote knowledge sharing.
(Educational Use) KEEP is available for use at no charge to individuals for non-commercial, educational use.
(Community Standards) the
KEEP Toolkit upholds legal and community standards, our standards are
those that you might expect at a modern educational institution. If you
notice a snapshot that seems to be in violation of this policy email firstname.lastname@example.org.
Community Standards -
The KEEP Toolkit upholds legal and community standards. Our standards
are those that you might expect at a modern educational institution like
the University of Oregon,
which states, "In order to thrive and excel, this community must
preserve the freedom of thought and expression of all its members...A
culture of respect that honors the rights, safety, dignity and worth of
every individual is essential to preserve such freedom."
If you are suspected of being in violation of standards your snapshot
may be made private while this is being determined. You will be given
the opportunity to change your snapshot to align it with our community.
For example, the following may be considered violations of our
standards: illegal content, pornography, harassment, or hate speech. In
most cases you will be given the chance to defend your work, but in the
end the decision is entirely that of the KEEP Toolkit Team. If you
notice a snapshot that seems to be in violation of this policy, email email@example.com.
(User Responsible for Copyright and/or Obtaining Permission) users
are responsible for providing proof of copyright ownership, permission
to use or reasons they believe the use of the content is covered under
fair use upon request.
User Responsible for Copyright and/or Obtaining Permission -
Each KEEP Toolkit User is responsible for providing copyright
ownership, permission to use, or the reasons they believe that their use
is covered under fair use upon request. If the user is the owner of the
copyright they may choose the license for the particular work,
otherwise the original copyright and attribution should be maintained
The Knowledge Media Lab will respond to notices of alleged infringement
on Intellectual Property that comply with the Digital Millennium
Copyright Act. More information on our potential responses and means for
making counter claims are found here.
Some uses of copyrighted material may be considered Fair Use under
Copyright Law. This defense for use of copyrighted material is
available to users; however, the KML encourages users to use only
material that they own, have permission to use, or properly cite.
Please find more information here.
Copyright Infringement Notification Policy (DMCA Takedown):
Fair Use -
If you are using copyrighted material without permission or ownership of
the material, your use may be considered fair use by copyright law. The
KML encourages the users of the KEEP Toolkit to only use material that
they own, have permission to use, or properly cite. We realize that
this is not always possible as many useful materials cannot be properly
tracked to an owner to acquire permission. In these cases use of these
materials may be covered by fair use.
When a copyright holder sues a user of the work for infringement, one
defense that the user may have is the defense of fair use. Under the
fair use doctrine, it is not an infringement for one to use the
copyrighted works of another in some circumstances. However, it is
difficult to define what exactly constitutes fair use because courts
consider the defense on a case by case basis, and the analysis of the
defense varies with the facts of each case.
Although the fair use defense was available for many years, the doctrine
was first codified by Congress in the Copyright Act of 1976 in Section
107. Section 107 gives a non-exhaustive list of examples of when the
fair use defense could be successful. The list includes criticism,
comment, scholarship, research, news reporting and teaching as uses that
may be fair.
The list also gives four guiding factors courts will consider in
deciding whether a use is fair or not. These factors are
- the purpose and character of the use (the more transformative
the use, the more likely to be fair use, whereas if it merely reproduces
the work without putting it to a transformative use, the less likely
this use will be held to be fair; further, the more commercial use, the
less likely such use will be fair),
- the nature of the copyrighted work (first, the more creative and
less purely factual the copyrighted work, the stronger its protection;
second, if a copyrighted work is unpublished, it will be harder to
establish that use of it was fair),
- the amount and substantiality of the portion used (did user copy
nearly all of, or the heart of, the copyrighted work? If so, such use is
less likely to be fair), and
- the effect of use on the potential market for the copyrighted work.
Of course, even with these factors, it is problematic and often unyielding to try to predict what uses a court will deem fair.
The foregoing description of the fair use doctrine is general in
nature and does not constitute legal advice regarding your rights or any
Copyright Infringement Notification Policy (DMCA Takedown) -
The Knowledge Media Lab will respond to notices of alleged infringement on Intellectual Property that comply with the Digital Millennium Copyright Act
(the text of which can be found at the U.S. Copyright Office Web Site,
and information about the entire act can be found in the Wikipedia
and other applicable intellectual property laws. Responses may include
removing or disabling access to material claimed to be the subject of
infringing activity and/or terminating subscribers. If we remove or
disable access in response to such a notice, we will make a good-faith
attempt to contact the owner or administrator of the affected site or
content so that they may make a counter notification pursuant to
sections 512(g)(2) and (3) of that Act.
In order to have allegedly infringing material removed from, or to
have access to an allegedly infringing website disabled, the copyright
owner must provide notice to the KML with the following information:
- The name, address, and signature of the complaining party [512(c)(3)(A)(i)]
- The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)].
- Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
- A statement by the owner that it has a good faith belief that
there is no legal basis for the use of the materials complained of
- A statement of the accuracy of the notice and, under penalty of
perjury, that the complaining party is authorized to act on the behalf
of the owner [512(c)(3)(A)(vi)].
To file a notice of infringement with us, you must provide a written
communication (by fax or regular mail) that sets forth the items
specified above. Please note that you will be liable for damages
(including costs and attorneys' fees) if you materially misrepresent
that a product or activity is infringing your copyrights. Indeed, in a
recent case (please see opg-v-diebold
for more information), a company that sent an infringement notification
seeking removal of online materials that were protected by the fair use
doctrine was ordered to pay such costs and attorneys fees. The company
agreed to pay over $100,000. Accordingly, if you are not sure whether
material available online infringes your copyright, we suggest that you
first contact an attorney.
Please use the following format:
- Identify in sufficient detail the copyrighted work that you believe
has been infringed upon (for example, "My copyrighted image which shows a
flow of ideas including images of a tree, brain, eye, and musical
- 2. Identify the Snapshot and the material within the Snapshot that
you claim is infringing the copyrighted work listed in item #1 above.
For example, "Snapshot at
'flow.gif' in upper left of page"
- Provide information to permit the Knowledge Media Lab to contact you (email address is preferred).
- Provide information, if possible, sufficient to allow the Knowledge
Media Lab to notify the owner of the allegedly infringing Snapshot or
other content (email address is preferred).
- Include the following statement: "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."
- Include the following statement: "I swear, under penalty of perjury,
that the information in the notification is accurate and that I am the
copyright owner of an exclusive right that is allegedly infringed."
- Sign the paper.
- Mail or fax the written communication to the following address:
Knowledge Media Lab, Attn: KML Support, DMCA Complaints, 51 Vista Lane,
Stanford, CA 94305. Fax: 650-326-0278.
How to file a Counter Claim:
The administrator of an affected site or the provider of affected
content may make a counter notification pursuant to sections 512(g)(2)
and (3) of the Digital Millennium Copyright Act. When we receive a
counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written
communication (by fax or regular mail -- not by email) that sets forth
the items specified below. Please note that you will be liable for
damages (including costs and attorneys' fees) if you materially
misrepresent that a product or activity is not infringing the copyrights
of others. Accordingly, if you are not sure whether certain material
infringes the copyrights of others, we suggest that you first contact an
attorney. A sample counter notification may be found at
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific URLs or other unique identifying information
of material that KML has removed or to which KML has disabled access.
- Provide your name, address, telephone number, email address, and a
statement that you consent to the jurisdiction of Federal District Court
for the judicial district in which your address is located (or Santa
Clara County, California if your address is outside of the United
States), and that you will accept service of process from the person who
provided notification under subsection (c)(1)(C) or an agent of such
- Include the following statement: "I swear, under penalty of perjury,
that I have a good faith belief that each item of content identified
above was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled, or that the
material identified by the complainant has been removed or disabled at
the URL identified and will no longer be shown."
- Sign the paper.
- Send the written communication to the following address:Knowledge
Media Lab, Attn: KML Support, DMCA Complaints, 51 Vista Lane, Stanford,
CA 94305. Fax: 650-326-0278.
(As Is) all information and services are provided as
is; we cannot and do not guarantee function of the tool nor accuracy of
Snapshot content, though we do attempt to maintain a consistent service.
In the unlikely event of termination of KEEP services users will be
As Is - All
information and services are provided As Is. The services and the
content of this site come without any warranties of any kind, including,
but not limited to, representations and warranties of accuracy,
completeness, and fitness for a particular purpose. We cannot and do not
guarantee functionality and sustainability, though we do attempt to
maintain a consistent service.
(Legal) the user agrees that jurisdiction of any
dispute regarding the use of this site and venue for any related legal
action shall be in Santa Clara County, California.
Legal - In the
unlikely event of termination of KEEP services users will be notified.
The user agrees that jurisdiction of any dispute regarding the use of
this site and venue for any related legal action shall be in Santa Clara
(Policy Changes Published) all alterations to these policies will be published to KEEP users.
Policy Changes Published -
All alterations to these policies will be published to KEEP Toolkit
users in our newsletter. Additionally, an attempt will be made to notify
users and permit them to opt out as policy changes are made.
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