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Copyright and your submission

All the artists and art-loving community worldwide have their own rights of the works created by them. We at purplefolk respect it and would expect all its members to reciprocate the same. We look forward to you to help us in creating a creative positive atmosphere for all our members and visitors.

To summarize, we can say that everything that on this site or for that matter on any other media, be it the web, the TV or the radio, the CD’s or the DVD’s, in books or in magazines is probably copyrighted to someone or the other.

The term copyright may be quite confusing to many and we therefore request you to stay away from the rumors and myths surrounding it and if need be, rely on the legal aspects of the same.

We will try to do away with some of the myths and rumours associated with copyright. Whatever is stated here should only be used for the purpose of information and be treated as a guide only. This document cannot be treated as legal and professional guide. Please obtain services of qualified professionals for legal advice.

What is Copyright Infringement?

Copyright infringement is said to occur when the creative work of one person is used by anyone else without taking permission of the producer.

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?

Simply stated, infringement may be avoided by creating your own work, without copying or using references of someone else’s work but by using your own creative skills and imagination. The work so produced will be treated as original. Any usage of materials, owned by others, can be made only under proper licensing and/or agreement.

What Sort of Things are Copyrighted?

By default, all creative work may be considered to be Copyrighted. Any work, found in any of the media, must be treated as Copyrighted, irrespective of whether the same has been exclusively stated to be Copyrighted or not.

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 little 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 purplefolk?

The knowledge of a submission to purplefolk which infringes upon the copyrights of anyone else makes it liable to be deleted immediately without any warning or notice to the submitter. This being a legal requirement action will be taken without any delay. Owners of the work can inform purplefolk to remove their work incase of infringement of copyright policies.

If you come across a work at purplefolk, which infringes upon your copyright, please report the same immediately. You can email a copyright notice or use our reporting system for the same. A member of purplefolk will attend the same. However, a counter notice may be filed in case you believe that your submissions have been removed erroneously. Use our helpdesk to resolve the situation.

Recurrence of submission of infringing work makes your account liable to be suspended. In cases when purplefolk understands that the infringing work has been submitted deliberately we will be forced to deactivate / ban such accounts.

What about "Fair Use"

Some uses of Copyrighted works neednot require any permission from the owner. Such uses are treated as “Fair Use”. These circumstances are complicated and can be judged only under the expert advice of a lawyer. We advise you to refrain from such usage. Incase, when you have to use them, do take legal advices. Non fair usage of the same can invite legal procedures and land themselves in monetary troubles.

If you take my work down am I protected from a lawsuit?

No. Irrespective of whether purplefolk takes your work or not, you are accountable for all the submissions made by you. If the copyright owner decides to sue you, you ill be liable for all the damages.

Notification of Copyright Infringement

This section contains the formal requirements of the Copyright Act with respect to the rights of copyright owners whose content appears on purplefolk without authorization.

To file a copyright infringement notification with purplefolk, 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 copy of the signature, physical or electronic, duly authorized to act on behalf of the owner of the Copyrighted work whose work has allegedly infringed upon.
    2. Copyrighted works claimed to have infringed upon, has to be identified
    3. List and identification of the Copyrighted work hich needs to be removed. Any other information that may be necessary to identify the material. URLs of such locations ill be very useful.
    4. Informations, such as name, address, telephone numbers and email ID of the complainant so that the serice provider, purplefolk in this case, can contact them.
    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 oner, 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 purplefolk’s as follows:

manvi@purplefolk.com