KEEP User Policies

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

1. 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),
2. 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creative and less purely factual the copyrighted work, the stronger its protection; second, if a copyrighted work is unpublished, it will be harder to establish that use of it was fair),
3. 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
4. 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.

from:
http://www.chillingeffects.org/fairuse/
http://www.chillingeffects.org/fairuse/faq.cgi

The foregoing description of the fair use doctrine is general in nature and does not constitute legal advice regarding your rights or any specific dispute.

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 [512(c)(3)(A)(v)].
• 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:

1. 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 notes.").
2. 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 http://www.cfkeep.org/html/snapshot.php?id=15637111398985, image 'flow.gif' in upper left of page"
3. Provide information to permit the Knowledge Media Lab to contact you (email address is preferred).
4. 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).
5. 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."
6. 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."
7. Sign the paper.
8. 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 www.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs or other unique identifying information of material that KML has removed or to which KML has disabled access.
2. 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 person.
3. 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."
4. Sign the paper.
5. 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.