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Copyright Policy

Here at Creatzy, we respect the intellectual property rights of others, and we ask that our users do the same. We’ve established the following intellectual property infringement policy in accordance with the The Notice and Notice Regime Copyright Act (“Copyright Act (R.S.C., 1985, c. C-42)“) and other applicable laws. If we receive a valid infringement Notice from a copyright or trademark owner that meets all of the requirements listed below, we comply with the law and remove the content from our site. As a service provider hosting content produced by our community, Creatzy isn’t in a position to make legal judgment calls or resource comparisons, so we often have to rely on formal Notices to take action.

If we find that a member of our site has violated this policy repeatedly or egregiously, we’ll close that user’s account, and we may take further action.

This policy provides instructions on how to submit a formal Notice. If you have any other questions or concerns about our service or policies, please contact us here and a member of our support team will get to back to you. Keep in mind that Creatzy can’t offer you legal advice or guidance, so if you have questions about your resources, copyright or trademark law, fair use exceptions, or the like, we encourage you to discuss them with an attorney.

BEFORE YOU GET STARTED

Here are some very general definitions that you may find helpful. They should in no way be interpreted as legal advice.

In the simplest terms, “copyright” means “the right to copy.” In general, copyright means the sole right to produce or reproduce a work or a substantial part of it in any form. It includes the right to perform the work or any substantial part of it or, in the case of a lecture, to deliver it. If the work is unpublished, copyright includes the right to publish the work or any substantial part of it.

Copyright also applies to performers’ performances, sound recordings and communication signals, though the applicable rights may differ somewhat. For example, the copyright in a sound recording consists of the sole right to publish the sound recording for the first time, to reproduce it in any material form, to rent it out and to authorize any such acts.

People occasionally confuse copyrights with patents, trademarks, industrial designs and integrated circuit topographies. Like copyright, these others are rights granted for intellectual creativity and are forms of IP. However, there are important differences:

  • Copyright provides protection for literary, artistic, dramatic or musical works (including computer programs) and other subject-matter known as performer’s performances, sound recordings and communication signals.
  • Patents cover new and useful inventions (product, composition, machine, process) or any new and useful improvement to an existing invention.
  • Trademarks may be one or a combination of words, sounds or designs used to distinguish the goods or services of one person or organization from those of others.
  • Industrial designs are the visual features of shape, configuration, pattern or ornament, or any combination of these features applied to a finished article.
  • Integrated circuit topographies are the three-dimensional configurations of electronic circuits embodied in integrated circuit products or layout designs.

NOTICE AND TAKEDOWN PROCESS

We do our best to respond as quickly as we can to complete notices of alleged copyright or trademark infringement. If you believe that your work has been used in a way that constitutes copyright or trademark infringement in material found on our website, please contact us. To comply with the requirements of the law, your notice needs to include all of the following information:

  1. Identification of your intellectual property that you claim has been infringed upon on our website (if your notice pertains to the use of your trademark, please include your federal trademark registration number);

  2. Identification of the material that you claim has infringed on your intellectual property, including:

    1. an explanation of how the material identified is using your intellectual property in a way that constitutes infringement, AND

    2. a description of where the material you’ve identified is located on the Creatzy website, with sufficient detail to allow us to find the material (A URL of the resource page is best);

  3. Your contact information, including your full name, mailing address, telephone number, and email address;

  4. Statement by you, stating that you have a good faith belief that the disputed use of the work is not authorized by the intellectual property owner, its agents, or the law;

  5. Statement by you stating that, under penalty of perjury, the information provided in your notice is accurate and that you are the intellectual property owner or are authorized to act on behalf of the owner;

  6. Electronic or physical signature of the person authorized to act on behalf of the copyright holder.

Keep in mind — under Section 41.26(2, 3, 4) of the Copyright Act (R.S.C., 1985, c. C-42), any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney’s fees.

Making sure you include all of the required pieces of information will help us more quickly address your request. In addition to the above items, it may be helpful to include any additional information to allow us to verify the status of the work you claim has been infringed (for example, a copy of the trademark or copyright registration for the work).

What happens after you submit your Notice?

Trademark Notice — If your Notice of Trademark Infringement contains all of the required information, we’ll consider your request and take what action we believe in good faith to be appropriate. To make it easier for us to process your request and ensure that all of the infringing content is removed, make sure your notice is as specific as possible about where your mark appears on our site. For example, by identifying each place it appears in a resource, or in the name of a store or title of a resource.

Copyright Notices — We’ll review your Notice of Copyright Infringement to make sure it contains all of the required information. The more specific your explanation is about which parts of a resource you believe are infringing, the easier it will be for us to process your request and ensure that the infringing content is removed. When we do take action on a notice, we reach out to the member who posted the content, forward them your notice, and remove the material from our site.

QUICK FACTS FOR CONSUMERS

  • Notice and Notice is a regime set out in Canada’s Copyright Act that requires Internet intermediaries—such as Internet Service Providers (ISPs)—to forward on notices from copyright owners to Internet subscribers, alerting them that their Internet accounts have been linked to alleged infringing activities, such as the illegal downloading of movies.
  • The Copyright Act grants a number of exclusive rights to the authors of original works, for example the exclusive right to reproduce their works or to communicate them to the public. These exclusive rights exist to promote the creation and distribution of Canadian content, to allow creators and innovators to receive compensation for their efforts, to create jobs and foster investment, and to ensure a thriving marketplace that offers consumers choice and access to worldwide content.
  • On December 13, 2018, Parliament amended the Copyright Act to clarify that a notice of claimed infringement that contains an offer to settle, or a request or demand for payment or for personal information, or a reference to any such offer, request or demand, in relation to the claimed infringement, does not comply with the regime.
  • These amendments will better protect consumers while ensuring that the Notice and Notice regime remains effective in discouraging copyright infringement.
  • If you receive a notice of alleged infringement, it is because a copyright owner has identified your Internet address as being involved in an activity that allegedly infringes their copyright.
  • Receiving a notice does not necessarily mean that you have in fact infringed copyright or that you will be sued for copyright infringement.
  • The Notice and Notice regime does not impose any obligations on a subscriber who receives a notice and it does not require the subscriber to contact the copyright owner or the intermediary.
  • Notices that contain an offer to settle, or a request or demand for payment or for personal information, or a reference to any such offer, request or demand, in relation to the claimed infringement, does not comply with the regime.
  • The information provided by the copyright owner should help you understand the details of the alleged infringement.
  • An objective of the Notice and Notice regime is to discourage online infringement on the part of Internet subscribers and to raise awareness in instances where Internet subscribers’ accounts are being used for such purposes by others.
  • U.S. copyright fines and penalties do not apply in Canada.
  • Statutory damages for non-commercial infringement in Canada do not exceed $5,000.

Notice and Notice is a tool established in the Copyright Act to help copyright owners address online copyright infringement (e.g. illegal downloading) so that they can protect their copyright material while respecting the interests and freedom of users. It formalized a voluntary industry-based practice that had been in place for several years.

When a copyright owner thinks that an Internet user might be infringing their copyright, they can send a notice of alleged infringement to the user’s ISP. Notice and Notice requires that the ISP forward (e.g. via email) the notice of alleged infringement to the user and then inform the copyright owner once this has been done.

For example, a copyright owner observes an Internet user with a Canadian Internet protocol (IP) address downloading a movie from a pirate site. Not knowing who the person is, the copyright owner can send a notice of alleged infringement to the ISP that owns the relevant IP address. The ISP must then forward the notice to its subscriber who was using that IP address at the time of the alleged infringement.

The Notice and Notice regime aims to discourage online infringement. Receiving a notice does not necessarily mean that you have in fact infringed copyright or that you will be sued for copyright infringement.

If you receive a notice, it must contain information that will help you understand the details of the allegation, including the date and time of the alleged conduct. For instance, you may receive a notice from a copyright owner alleging that you, or someone using your Internet address, have engaged in illegal downloading or illegally sharing a song or movie.

It is possible that the notice refers to acts that were undertaken by someone using your Internet connection without your knowledge. You may want to ensure that your home network is secured by a strong password to prevent others from using your Internet connection to engage in copyright infringement.

The Copyright Act lists the specific information that must be included in a notice for it to comply with the Notice and Notice regime.

Notices must:

  • state the claimant’s name and address
  • identify the copyright material that is alleged to have been infringed and the claimant’s interest or right with respect to that material
  • specify the location data (e.g. the web address or Internet address associated with the alleged infringement)
  • specify the infringement that is alleged
  • specify the date and time of the alleged infringement

Infringement of copyright occurs when a person uses content protected by copyright in a way that violates the exclusive rights granted in the Copyright Act. An example of an activity that could be found to be copyright infringement is to download a movie from a website that hosts pirated content.

Only a court can rule whether copyright infringement has occurred. If a court finds infringement has occurred, then the infringer could be liable to pay damages to the copyright owner.

The Copyright Act also lists the specific information that must not be included in a notice for it to comply with the Notice and Notice regime.

Notices must not contain:

  • an offer to settle the claimed infringement
  • a request or demand, made in relation to the claimed infringement, for payment or for personal information
  • a reference, including by way of hyperlink, to such an offer, request or demand
  • any other information that may be prescribed by regulation

A notice that includes such information does not comply with the regime. Such notices are deemed to be invalid under the regime. There is no obligation on ISPs to forward such notices on to their subscribers or to keep records that would allow those subscribers to be identified pursuant to a court order.

Your ISP must forward you any notice that complies with the regime. Your ISP may also be a source of helpful information in terms of understanding the reasons why you were forwarded a notice.

A notice of alleged infringement is separate from any lawsuit for copyright infringement.

The Notice and Notice regime does not impose any obligations on a subscriber who receives a notice, and it does not require the subscriber to contact the copyright owner or the intermediary.

If ordered to do so by a court, the ISP or host must release your subscriber information to the copyright owner as part of a copyright infringement lawsuit.

A copyright owner may decide to launch legal proceedings. Such proceedings may be launched regardless of whether the copyright owner has sent a notice under the regime. A court would then determine whether copyright infringement has in fact occurred.

Under the Notice and Notice regime, ISPs must retain records of the identity of the subscribers who have been forwarded notices for a period of six months, or longer (up to one year) in cases where a copyright owner decides to take legal action. If ordered to do so by a court, the ISP would release your subscriber information to the copyright owner as part of a copyright infringement lawsuit.

LAST EDITED: 08/07/2023

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