Copyright Policy

Copyright and Your EdChat Content

Here at EdChat.net ('EdChat™') we respect the rights of all artists, content producers and creative people worldwide and we expect our members to demonstrate an equal amount of respect and assist us in creating a beneficial and positive atmosphere for all EdChat.net visitors and members.

The bottom line is: Just about anything that is on this site, on the web, on TV, on CD's, on DVD's, in books & in magazines is probably copyrighted by someone.

Copyright can be a confusing territory for many people. In many cases the natural confusion over the sometimes varied circumstances surrounding copyright will lead people to rely upon rumour or myth more often than the actual legal facts which naturally confuses the matter even more.

In this document we will attempt to eliminate some of the confusion and counter many of the myths surrounding copyright. Understand that the following form is provided for informational purposes only and is intended to be used as a guide only. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of a qualified lawyer.

What is Copyright Infringement?
To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.

Some examples of copyright infringement (this is only a partial listing) can include:
  • Placing a photograph or creative work online without proper permission.
  • Using a creative work commercially.
  • Adapting a creative work of one medium to another, such as making a book into a movie or a photograph into a painting.
  • Modifying or editing a creative work without proper permission.
How Can I Avoid Infringing on Someone's Copyright?
The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original work. When we use the word 'original' we don't mean that you must come up with an idea which hasn't been used before, when used in copyright matters "original" means that you created your work without referencing or deliberately copying anyone else's work during the process.

Ensure that all parts of your work, both visual and audio, are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online.
What Sort of Things are Copyrighted?
The easy answer to this question is that just about any creative work you might find should be considered to be copyrighted by default.

A work is not required to have a copyright statement printed on it or near it in order to be considered copyrighted so do not assume that the work is unprotected simply because you cannot see a notice written anywhere.

Also do not confuse the fact that a work is publicly available with the idea that it is public domain or free for use. Being easy to find on the internet does not affect a work's copyrighted status.

Some Cautions
  • In most cases it does not matter how much of the material you have used. Whether it's a single frame, a few moments of audio, a short clip of video or any other sampling it's still considered to be copyrighted and you still require the owner's permission for use.
  • It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission.
  • It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission.
  • It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.
  • It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission.
  • It doesn't matter if you've edited it a bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission.
What Happens When You Submit Infringing Works to EdChat.net?
When we become aware that a EdChat.net submission infringes upon the copyrights of another artist, content producer or company, we will immediately delete it. This is a legal requirement which we fulfil immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'. Any copyright owner following the procedures in this Copyright Policy can require EdChat.net to remove his or her copyrighted content. This is known as a Notice and Takedown Policy.

If you believe that a submission on EdChat.net infringes upon your copyright you may report the submission by writing to us at our address below. A member of staff will review your notice and resolve the situation.

If you believe that one of your submissions was removed in error you may contact us or otherwise file a counter notice. A member of staff will be made available to you so that the situation can be properly resolved.

If you are found to repeatedly post infringing content your account will be suspended and serious offenders will have their account banned and deactivated. If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated.
What about “Fair Dealing” & "Fair Use"
"Fair Use" is the notion that some public and private uses of copyrighted works should not require the permission of a copyright owner. These circumstances are very limited, complex to analyse under the law and require the help of expert advice from a lawyer. We recommend you talk to your own lawyer if you want to know more about fair use as it applies to the work you are doing. If it turns out that it isn't fair use, you may be liable for very serious financial damages.

“Fair Dealing” is the commonwealth equivalent and the law we use to govern copyright in the United Kingdom and here on EdChat.net; fair dealing originates in Sections 29 and 30 of the Copyright, Designs and Patents Act 1988, and requires the infringer to show not only that their copying falls into one of the three fair dealing categories, but also that it is "fair" and, in some cases, that it contains sufficient acknowledgement for the original author.

The categories of use are non-commercial research or study, criticism or review, or for the reporting of current events.
If you take my work down am I protected from a lawsuit?
No. Even if EdChat.net; takes an infringing work down, if you put it up on EdChat.net; you may still be responsible for very significant damages if the copyright owner decides to sue you.

Notification of Copyright Infringement [Notice & Takedown Policy]
This section contains the formal requirements of the Copyright Act with respect to the rights of copyright owners whose content appears on EdChat.net without authorization.

To file a copyright infringement notification with EdChat.net, the copyright owner or an agent acting on his or her behalf will need to send a written communication that includes substantially the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. In this regard please provide URLs when you identify the location of the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notice should be sent to EdChat.net’s designated agent as follows:
Notice & Takedown Team
Old Stoke House
23 Kenyon Street
IPSWICH
IP28 DJ

United States of America Law: Under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Consult your legal counsel or see Section 512(c)(3) of 17 U.S.C. to clarify or confirm the requirements of the notice.
Counter-Notification


If you want to send EdChat a counter notice, please contact us by email at mail@edchat.net for assistance and instructions.

Under Section 512(f) of the Copyright Act [U.S. LAW], any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consult EdChat.net’s Etiquette Policy in which we explain that you may be removed from the site if you are a repeat infringer or if you violate EdChat.net’s policies.

End of User Agreement. Date of Last Revision: August 13, 2013.

EdChat.net Non-Free Content Use (Our International Publication Agreement)
EdChat.net may have reached an agreement with another publisher to host and share their content, this does not alter any of our user agreements, our policies or revoke any copyright compliance, if you believe your copyright has been infringed upon please review our notice and takedown policy above .

The images of drawings, paintings, prints, or other two-dimensional works of art, videos and audio used by EdChat.net on this site, are most likely owned by either the artist who produced the work, the person who commissioned the work, or the heirs thereof, these parties also own copyright for them. It is believed that the use of low-resolution images of works of art
  • for critical commentary on
    • the work in question,
    • the artistic genre or technique of the work of art or
    • the school to which the artist belongs
  • for research and study to
    • inspire innovation,
    • encourage new creation.
  • on the EdChat.net site, hosted on servers in the United States by or, on behalf of, the not-for-profit organisation EdChat.
qualify as fair use under United States copyright law, and fair dealing under United Kingdom copyright law. All effort has been made to credit the artist where possible either by signature or significant title credit. Any other uses of these images, on EdChat.net or elsewhere, might be copyright infringement.

EdChat™ and EdChat.net are trademarks of Ferdinand Asset Management (FAM®) and may be recognised by our old operations or former brands which include TAG, The Academic Group, Institute of Art, IOA, Arts College and Carpe Diem (Intelligence). Some of our UK related content is licensed by the English government's Open Government Licence. It's similar to the international Creative Commons Licence.