Palabea Copyright Information
As of: 15 February 2012
Preamble
Under the Internet domain palabea.com and other top-level domains (inter alia, asia, de, es, net, me, org, tv, us), various services of (henceforth referred to as “Palabea”) are offered/operated for our Users. Palabea is a project that is promoted by Matthias Spanic and Fabian Hübner and all employees of Palabea for all Users worldwide. Palabea regards itself as a marketplace where people can simply connect with one another, speak, learn, teach and interact, regardless of their location worldwide, at any time. The focus is on the particular interests and motivation of people to communicate with one another. On Palabea, you can get to know people who are not, or not yet, within the current professional or social network (Social Graph) and interact with them online (video, audio and/or text chat). Furthermore, it is possible to post offers and requests (Palabea Offers and Requests) on Palabea to monetize your knowledge.
You can use Palabea with your Internet browser and prospectively, in the future, also with your Smartphone (e.g. iPhone, HTC, Samsung, Nokia etc.) or a Tablet PC (iPad etc.).
It takes just a click to share Palabea offers and requests to Twitter and Facebook! Click here to easily interact with people outside your social graph.
It takes just a click to share Palabea offers and requests to Twitter and Facebook! Click here to easily interact with people outside your social graph.
Learn about Copyright
Palabea is a global platform for all users and we expect all Palabea users to respect other people’s copyright.
- What is copyright?
- What is copyright infringement and how can I avoid it?
- Copyright Checklist
- Further resources
Please note: This page provides some basic information about copyright. However, nothing on this page constitutes legal advice – please do not treat it as legal advice or as a substitute for legal advice. Please consult a suitably qualified lawyer on any matters related to copyright.
What is copyright?
Copyright is a form of protection provided for original works of authorship, including literary, dramatic, musical, graphic and audiovisual creations. "Copyright" literally means the right to copy, but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work.
Copyright protection means that a copyright owner can control certain uses of their work. Most importantly, this protection gives the copyright owner the right to control the copying of their content, adapting and transmitting the content. Uploading and sharing content via the Internet implicates many of a copyright owner's exclusive rights. The exclusive nature of copyright means that only the owner can decide who engages in these activities with respect to their content.
There are limitations to copyright. It does not generally protect ideas or facts. In addition, there are some uses of copyright protected materials that are authorized by law. This means, for example, that the copyright owner's permission is not required to use their work in a video. The precise nature of these exceptions to copyright protection, depends on the national copyright law that applies. In the US, the most important exception is fair use. In the UK, there are fair dealing exceptions for particular uses such as criticism and review or reporting the news. In Brazil, the exceptions are itemized and specific and include quotes with attribution or short excerpts for personal use.
What is copyright infringement, and how can I avoid it?
Because the rights afforded by copyright law are exclusive to the copyright owner(s), you will infringe copyright if you do any of those things without the permission of the copyright owner(s) - for example, if you copy or adapt a copyright work, or make it available on the Internet.
The best way to avoid copyright infringement is to ensure that you don’t use anything created by anyone else. Simple as that.
Be sure that all components are your original creation—even the audio and video portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video may be infringing the copyrights of others, and may be subject to removal.
If you do use someone else's work, make sure you have the necessary permissions – this will usually take the form of a licence from the copyright owner(s), which you may have to pay for. There are certain instances where you may be able to use excerpts of copyrighted material without a licence – for example, if you use a small part of someone else's work for the purposes of criticism or review, or if your use constitutes "fair use" under applicable law (particularly U.S. law) – however, discussion of these exceptions is beyond the scope of this guidance. If you intend to use any part of a copyright work in reliance on any of the statutory exceptions, you should seek legal advice first.
Copyright Checklist
Copyright is complicated. If you have any doubt regarding the extent of your rights in any sounds or videos, you should consult with a suitably qualified lawyer before uploading anything to Palabea or making any claims or counter-claims regarding your rights. However, as a general guide, here are some of the issues you might want to consider before uploading anything to Palabea:
For music uploads:
Can you answer “yes” to all of the following questions?
- Did you compose the music yourself?
- Did you write the lyrics yourself?
- Did you record and produce the track yourself or do you have permission from the producer or record label that made the recording?
- Do you have written permission from all copyright owners to use any samples contained in the track?
Can you answer “no” to all of the following questions?
- Were you signed to a record label when you recorded the track?
- Do you have a publishing deal?
- Are you a member of a performing rights organization or collecting society?
- Have you licensed your track to anyone else?
- Does the track contain the entirety or any part of someone else's song(s) Is it based on someone else’s song(s)?
For other sounds, including field recordings, podcasts, audiobooks or voice messages:
Can you answer “yes” to all of the following questions?
- Is the recording spontaneous, as opposed to being recited from a script, play or book (other than one written by you)?
- Is it a recording of your performance?
- Did you make the recording yourself?
- Do you have the permission of anyone else appearing in the recording to upload and share the recording on Palabea?
Can you answer “no” to all of the following questions?
- Is the recording rehearsed or recited from a script, play or book (other than one written by you)?
- Does the recording contain any music or excerpts from other copyright works (e.g. movie dialogue)?
For video uploads
Palabea takes copyright infringement very seriously. If you receive three copyright strikes, your account and all videos uploaded to that account will be removed. In order to prevent this from happening, you should refrain from uploading videos that infringe the copyright of others.
Can you answer “yes” to all of the following questions?
- Did you compose the music used in your video/motion picture yourself?
- Did you write the lyrics/speeches yourself?
- Did you record and produce the video yourself or do you have permission from the producer, motion picture distribution studio or record label that made the recording?
- Do you have written permission from all copyright owners to use any samples contained?
Can you answer “no” to all of the following questions?
- Were you signed to a record label/motion picture studio when you filmed/ recorded the video?
- Do you have a publishing deal?
- Are you a member of a performing rights organization or collecting society?
- Have you licensed your video/motion picture to anyone else?
- Does the track contain the entirety or any part of someone else's song(s) Is it based on someone else’s song(s) or video(s)?
Further resources
WIPO has a list of Intellectual Property and Copyright Offices internationally, you can find the one applicable for your country here: http://www.wipo.int/directory/en/urls.jsp
In European Union countries, the Commission website has some helpful information and links: http://ec.europa.eu/information_society/eyouguide/navigation/index_en.htm.
For more information about U.S. copyright law please see http://www.copyright.gov/circs/circ1.pdf.
For even more information on US copyright law and fair use, please check out the following materials.
- http://www.copyright.gov/fls/fl102.html
- http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/
- http://www.copyrightwebsite.com/Info/Law/FairUse.aspx
- http://chillingeffects.org/fairuse/
For information on copyright laws around the world, try the World Intellectual Property Office database: http://www.wipo.int/wipolex/en/