Safe Creative’s Protocol for Copyright Infringments
Safe Creative provides, among other services, a registry for copyrighted works in digital format. In this way, registered Users deposit their works uploading or recording the electronic archives that include or describe them on Safe Creative’s servers.
According to the Terms of Service, Users declare, under their responsibility, their authorship (or co-authorship) of the registered works and/or they own all the corresponding copyrights or, nevertheless, that they act as representatives of the real author or rightholder.
Therefore, Users claim prior rights and determine, where appropriate, uses, licenses or reservations applicable to their registered works. Safe Creative acts as a witness of these statements, without verifying or checking up the authorship, ownership and/or rights declared by those Users. Safe Creative just records the actions and content transmitted by Users. As the creation of a work occurs in a private field, we can not guarantee with no doubt that, for example, who appears to be the author of a work is really the author. In the same way, we do not know if in a certain case the parties have transferred the exploitation rights of a work, as almost never Users provide us any contracts. Nevertheless, we do not review nor examine them.
Safe Creative, as a registry, just records declarations or understandings, together with the contents or files provided. This is a consequence of the abovementioned characteristics of the service and of any deposit agreement. As indicated, the registry at Safe Creative neither implies the recognition of any right or title and it is, as we have stated on other occasions, a rebuttable proof of authorship and copyrights, to which a third party can oppose it by providing other most qualified evidence that contradicts and even prevail over the declaration of the User.
In this context, conflicts in relation to registered works at Safe Creative are not impossible, between Safe Creative users or between a User and third parties. For example, someone can tell us that certain works have been registered by someone who is not its real author, or that any work is being distributed without authorization.
To resolve these questions, we have developed this protocol that describes Safe Creative’s process in case of receiving a notification of unlawful use, plagiarism or unauthorised use by any of our users. Nevertheless, if you detect any of the mentioned uses, please notify us at firstname.lastname@example.org or through our contact form.
Content of the Infringement Notice
In order for us to take the appropriate actions, if you detect a copyright infringement by a Safe Creative’s User, a written notice must be sent to us with the following content:
- Your contact information: name, personal ID, passport number or equivalent identifier, email address and country of residence. If acting on behalf of a legal person, you shall provide complete information about it, and indicate your position, representation or mandate under which you send this notice.
- A reference for locating the concerned work that allegedly infringes your rights. For example, the full URL where published, its code or registration number or its exact name or title.
- An explanation as detailed as possible about the alleged infringements in relation of the rights you hold over the corresponding work, describing them.
- The request you would like us to send to the user. That is, if you consider the content must be removed, modified, kept in private,etc.
- Include the following statements: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law", and “I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use".
Procedure for copyright infringement
The steps we will follow after a copyright infringement notice are:
- Check the notification infringement in accordance with the abovementioned content, as well as the works that allegedly infringes the applicant rights.
- If the above are correct, we will notify the concerned user, giving him a week to consider the raised arguments and responding. At the moment, the affected work will be blocked, so that the user can not make any change and no information will be published, preventing any access, download or any operation (such as sale or licensing) on the work through the platform.
- The above situation will continue indefinitely until the user does not respond to the request notified.
- If the user responds reaffirming his authorship and/or ownership, the work will be unlocked and he will be required to declare those statements by any means to ensure minimally his/hers identity and rights (for example, letter or fax signed by hand, digitally signed e-mail ,etc...). In this regard, the user must send to Safe Creative, within the time limit of two weeks, an affidavit on his authorship and ownership, requesting to keep the registry for all purposes and exempting Safe Creative from any possible liability concerning any act related to the work, including its reproduction, distribution or public performance. Here is a sample copyright conflict declaration pdf template.
- Upon the success completion of the previous procedure, the work and registry will be maintained according to users’ desires. If the abovementioned declaration where not provided, Safe Creative will reactivate the blocking of the work.
- The result of the above process will be duly communicated to the person who initiated this procedure.
Above all, we specially note the following premises:
- Whatever the results of this procedure, and despite the blocking measures, Safe Creative will not remove or modify the registry information unless expressly requested to do so by a competent authority and under an statement.
- Safe Creative will remain neutral to the parties in conflict, who solely must initiate any administrative, judicial or extrajudicial proceeding or action in defense of their interests. Nevertheless, Safe Creative will collaborate by providing any documents, certificates and other information related to its registry as evidence to competent authority.