- What is Copyrights?
In many countries, when a person creates an original work that is fixed in a physical medium, they automatically own copyright to the work. As the copyright owner, they have the exclusive right to use the work. Most of the time, only the copyright owner can say whether someone else has permissions to use the work.
- Which types of work are subject to copyright?
- 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
Ideas, facts, and processes are not subject to copyright. According to copyright law, in order to be eligible for copyright protection, a work must be creative and it must be fixed in a tangible medium. Names and titles are not, by themselves, subject to copyright.
- Can you use a copyright-protected work without infringing?
In some circumstances, it is possible to use a copyright-protected work without infringing the owner’s copyright as a fair use.
Your video can still be claimed by a copyright owner, even if you have...
· Given credit to the copyright owner
· Refrained from monetizing the infringing video
· Noticed similar videos that appear on Sport360.TV
· Purchased the content on iTunes, a CD, or DVD
· Recorded the content yourself from TV, a movie theater, or the radio
· Stated that “no copyright infringement is intended"
Some content creators choose to make their work available for reuse with certain requirements. For more about this.
- Can Sport360.TV determine copyright ownership?
No. Sport360.TV isn’t able to mediate rights ownership disputes. When we receive a complete and valid takedown notice, 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. After this, it’s up to the parties involved to resolve the issue in court.
- Is copyright the same as trademark?
Copyright is just one form of intellectual property. It's not the same as trademark, which protects brand names, mottos, logos, and other source identifiers from being used by others for certain purposes. It is also different from patent law, which protects inventions.
Sport360.TV offers a separate removal process for videos which violate trademark or other laws.
- What is the difference between copyright and privacy?
Just because you appear in a video, image, or audio recording does not mean you own the copyright to it. For example, if your friend filmed a conversation between the two of you, she would own the copyright to that video recording. The words the two of you are speaking are not subject to copyright separately from the video itself, unless they were fixed in advance.
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.
- Submit a copyright takedown notice
If your copyright-protected work was posted on Sport360.TV without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be sent in by the copyright owner or an agent authorized to act on the owner’s behalf.
The fastest and simplest way to submit a copyright takedown notice is through our webform. You’ll find this easier on a desktop or laptop computer than on a mobile device or tablet.
Steps to report a copyright:
- Go to the video which you feel has a copyright violation
- Click on the “Report Copyright Violation” button
- Fill in all the information and upload any supporting documents
- Click “Send Report”
The name you enter as copyright owner will be published on Sport360.TV in place of disabled content. If you are able to provide a valid legal alternative, such as a company name, or the name of a representative you have authorized to act on your behalf, we will review and apply it, if appropriate. This will become part of the public record of your request, along with your description(s) of the work(s) allegedly infringed. All other information, including your full legal name and email address, are part of the full takedown notice, which may be provided to the uploader.
If you choose to submit a copyright takedown request, please remember that you are initiating a legal process.
Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
We will also accept free-form copyright infringement notifications, submitted by email, fax and mail.
- Counter Notification Basics
A counter notification is a legal request for Sport360.TV to reinstate a video that has been removed for alleged copyright infringement. The process may only be pursued in instances where the upload was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, such as fair use. It should not be pursued under any other circumstances.
If your video was removed but does not fit the criteria above, you may want to seek a retraction, or simply wait for your strike to expire.
Please note that when we forward the counter notice, it will include the full text of the counter notice, including any personal information you provide. The claimant may use this information to file a lawsuit against you in order to keep the content from being restored to Sport360.TV
By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant.
Counter notifications must be submitted by the video’s original uploader or an agent authorized to act on their behalf, such as an attorney. To submit a counter notification send us an email at: [email protected]
After we process your counter notification by forwarding it to the claimant, the claimant has 10 business days to provide us with evidence that they have initiated a court action to keep the content down. This time period is a requirement of copyright law, so please be patient.
If your account has been suspended for multiple copyright violations, the counter notification webform will be inaccessible. If appropriate, you may submit a free-form counter notification.
- Copyright strike basics
If you get a copyright strike, that means your video has been taken down from Sport360.TV because a copyright owner sent us a complete and valid legal request asking us to do so. When a copyright owner formally notifies us that you don’t have their permission to post their content on the site, we take down your upload to comply with copyright law.
Keep in mind, videos can be removed from the site for different reasons, not all of which are copyright-related.
- What happens to your account when you get a copyright strike?
We all make mistakes. When you get a copyright strike, it acts as a warning. However, copyright strikes may affect your ability to monetize. In addition, if your live stream or archived live stream is removed for copyright, your access to live streaming will be restricted for 90 days.
If you receive three copyright strikes:
- Your account, along with any associated channels, is subject to termination.
- All the videos uploaded to your account will be removed.
- You won't be able to create new channels.
- How to resolve a copyright strike?
To resolve a copyright strike please email us at: [email protected]
- Retract a claim of copyright infringement
After submitting a copyright infringement notification, a copyright owner may realize that they've misidentified content or may change their mind about their complaint. When this happens, Sport360.TV is glad to honor retractions of copyright claims from the party that originally submitted them.
- If you removed a video:
If you removed a video for alleged copyright infringement, you can retract your claims on the Retractions page. There are also pages where you may retract claims issued through CVP and CMS. Note that a previously removed video cannot be claimed following this action. You will need to be signed in to the Sport360.TV account that issued the copyright claim in order to submit a retraction.
If you do not have a Sport360.TV account and would like to retract a claim of copyright infringement, please make sure to send us the following information:
1. A statement of retraction (such as "I hereby retract my claim of copyright infringement")
2. The complete and specific URL of the video in question (like: www.Sport360.TV/xxxxxxxxx)
3. An electronic signature (typing your full legal name will do)
Please submit your retraction to [email protected] from the same email address that was used to submit your original claim of infringement. If the email address is different, we may be unable to process your retraction.
- If your video was removed:
If you're a user affected by a copyright claim, you may reach out to the copyright owner directly in search of a retraction.
If the copyright owner has a Sport360.TV account, the easiest way to contact them is through Sport360.TV's private messaging feature.
Please note that we can only process retractions that are sent from the same email address or domain that submitted the original claim of copyright infringement.
- What is fair use?
Fair Use is a legal doctrine that, under certain circumstances, allows the reuse of copyrighted material without requiring permission from the copyright owner. Useful examples of fair use can be found in the videos below.
- Fair use guidelines
Different countries are subject to different policies when materials can be used without the permission of the copyright owner. For example, in the United States, fair use can be considered as commentary, criticism, research, lecture, or news release. In some other countries, there is a similar concept of " fair treatment" that can function on the basis of different principles.
Judges will analyze potential fair use based on facts in specific cases. Before submitting videos that contain copyrighted material, it is good to seek legal advice from experts.
- Four Fair Use Factors
In the US, fair use is determined by a judge who analyzes how each of the four fair use factors can apply to a particular case.
1. Purpose and manner of use, including whether such use is of a commercial nature or is intended for non-profit educational purposes
Courts typically take into consideration whether the use of "transformative" is, whether it adds a new expression or meaning to the original or just copies the original. Commercial use will be more difficult to be considered fair, although it is possible to monetize the video by referring to the principles of fair use.
2. Nature of copyrighted works
The likelihood that using material from a work that is primarily factual to be honest is more likely to be the use of works that are completely invented.
3. The amount and significance of the part used in relation to the full copyrighted work
Poor use will probably be considered to borrow smaller parts of the material from the original work than to borrow larger parts. However, even a small part of borrowing will not be considered fair use if it is the "core" of the work.
4. Effect of use on a potential market for a copyrighted work or on the value of copyrighted works
It is less likely that uses that damage the copyrights of profiting from their original work will be considered as fair use. The courts have, in some cases, made exceptions to this factor if they were about parody.
- Myths about honest use
In some sources, you may find disinformation that might make you believe that fair use will automatically apply if you say a few magical words. There are no magic words that would guarantee the protection of the principle of fair use if you use any copyrighted material. Courts will consider all four above mentioned factors and dissect them according to each case. Here are some common myths:
Myth no. 1: If I specify a copyright owner, my use becomes automatically honest.
As we have seen above, the transformative approach is usually key to fair use analysis. If you designate a copyright owner, this does not mean that you use this work automatically to be honest; the use of works must be of a transformative nature. Phrases such as "all rights belong to the owner" and "i'm not the owner" does not automatically mean that your use of this material is fair and does not mean that you have the permission of the copyright owner to use its content.
Myth no. 2: If I publish a Disclaimer on my video, my use is considered fair use.
As stated above, there are no magical words that will solve this question. Publish four fair-watchers in a video or include a phrase "violation of rights is not intentional" will not automatically protect you from copyright infringement.
Myth no. 3: Using "for fun" or "non-profit" use is automatically considered fair use.
Courts will carefully consider the purpose of your use to determine whether it is fair, but the remaining three factors should also be taken into account. For example, a statement that content that you upload to use "for entertainment only" is unlikely to prevail in fair use testing. Similarly, "non-profit" uses are favored in fair use analysis but do not represent protection in themselves.
Myth no. 4: If I work with copyrighted copyright, I add the original material I have created, my use is considered fair use.
Even if you have added something to someone else's content, you may not be able to use fairness in your defense, especially if the part you have created does not give the original content a new expression, meaning or message. As with all other cases referred to here, the courts will consider all four factors of fair use testing, including the amount of original content used.
Sport360.TV protects videos that are an example of fair use
Content authoring Sport360.TV receives a large number of video removal requests for violations of copyright laws. Sometimes these requirements apply to videos whose content is a clear example of the principle of fair use. The courts consider that the holders of rights are required to consider whether it is a fair use before they submit the content removal notice. Therefore, in many cases (though generally speaking, a small percentage of copyright removal is claimed), we require the rights holders to confirm they have completed this analysis.
In special cases, video creators, please join the initiative that seeks to protect us from content elimination requests with the best examples of honest use on Sport360.TV. With this Sport360.TV initiative, we promised the authors whose videos have received the removal notice, and the authors have created these videos on a fair-use basis. We will compensate authors in the amount of up to $ 1 million for legal costs if the removal notice of the video results in copyright infringement proceedings. Content authors have the opportunity to protect their work and everyone has the benefit of learning about the importance and limitations of the doctrine of fair use.
If you are in the United States, you can view the protected videos above. Unfortunately, if you're out of the US, you will not be able to watch the videos in that playlist.
Videos above are just some of the videos we've received due to copyright violations, and even a small portion of the total number of videos that may have been made on a fair use basis for which we've received a content removal notice. The principle of fair use of video footage made by Sport360.TV every year can only provide for the small number of videos we choose according to different criteria. We're trying to choose videos that contain clear examples of fair use. We'll let you know if we've chosen your video for that initiative. Do not ask us to protect your content; if we can provide such protection, we will contact you.
Although legal protection cannot be provided to everyone, we will carefully monitor whether there are any removal information about the video that could harm all content creators. You may have seen in the media that in some cases we have asked copyright owners to consider their video removal request or to restore videos that the authors made on a fair use basis to their site.