Copyright Policy
Last updated: May 2023
TellnShare respects the intellectual property rights of others, and we expect you to do the same. TellnShare’s Terms of Service and Community Guidelines do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.
Copyright
Legal protection known as copyright is given to original works of authorship (e.g., speech, videos, etc.). Generally speaking, copyright only shields an idea’s original representation (such as the precise manner in which a speech or video is generated or delivered), not the idea or facts it is based on.
Copyright Infringement
Any content that violates copyright is not allowed. A breach of TellnShare’s policies may result from the unauthorised use of another person’s copyrighted content, regardless of whether there is a good cause for doing so.
However, not all unauthorized uses of content protected by copyright are illegal. The use of copyrighted works without permission is permitted in several nations under exceptions to copyright infringement. These include the permitted actions of fair dealing in the European Union and the fair use doctrine in the United States (and other equivalent exceptions under applicable local laws in other countries).
Removal of Content; Suspension or Termination of Account
User content that violates someone else’s copyright may be deleted. Multiple copyright breaches related to the usage of the TellnShare app or other violations of the Terms of Service and Community Guidelines may result in the account being suspended or being terminated. We reserve the right to refuse any account holder whose account was misused from creating a new account on the TellnShare app or any other TellnShare service.
Information for Rights holders:
Copyright Infringement Notification
Contacting the user directly may resolve your issue or complaints more quickly and in a way that favours you, the user, and our community. You may also file a complaint to request the removal of the alleged infringing content from TellnShare by contacting us at: [email protected]
The details specified in your email complaint should be included in all complaints. We may be unable to fully investigate your claims if relevant information is omitted, which could lead to your complaint being rejected.
We could give the account holder your contact information, such as your email address and the name of the copyright holder, as well as information about the complaint.
Please be aware before sending in a notification that intentionally sending in a false or fraudulent report may subject you to liability for damages under section 512(f) of the Digital Millennium Copyright Act (DMCA) of the United States or other applicable local laws.
If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please be aware that TellnShare does not have the authority to resolve disagreements between third parties and thus may not be able to take down the content or suspend the account you complained about. As an alternative, you might want to get in contact with the individual who created the content or who owns the account to see if they can help you out.
EU Copyright Directive
Please email us at [email protected] to inquire about granting TellnShare permission to make your copyright-protected works available on TellnShare in accordance with Article 17 of the Copyright Directive (EU 2019/790). After evaluating your request, we’ll get in touch.
We need you to email us at [email protected] if you wish to ask that your cinematic works or music not be distributed in the EU. You must give TellnShare the relevant and necessary details about you and your copyright works in order for us to examine your request. After receiving this data and verifying your request, TellnShare will make every effort to remove your copyright work from TellnShare in the EU.
Please be aware that TellnShare provides users and rights holders with a copyright infringement dispute resolution procedure in compliance with its legal requirements, but rights holders are still allowed to assert their rights in court.
Information for Users: Copyright Infringement Counter-Notification
If you are a user located outside of the European Union
You can get in touch with the copyright owner directly to ask for a retraction if you receive a copyright infringement notification that you think is incorrect or if you believe you have permission to use the content.
By contacting us at: [email protected], you can also send us a counter-notification. The details included in the email must be included in every counter-notification. Insufficient information could make it more difficult for us to investigate your allegations and could cause us to reject your counter-notification.
Please be patient as the counter-notification process takes some time to finish. According to the United States Digital Millennium Copyright Act (DMCA) or comparable regulations in other nations, the copyright claimant may file an action during this time period to get a court order to keep the content down. Please be aware that, in accordance with our Terms of Services and Privacy Policy and as permitted by applicable law, we will submit the whole counter-notification to the original reporter, including any contact information you supply. This information might be used by the claimant to bring legal action against you.
If the removed material does not violate third-party copyright, we may reinstall it or stop blocking access to it if we do not receive information that the original reporter is requesting a court order to stop further infringement of the material in question. Any material may be reposted at TellnShare’s sole discretion.
If you are a user located in the European Union
You can contact us at: [email protected] if you receive a copyright infringement notification and think you have the authority to post the infringing content.
According to EU legislation, users are permitted to use protected works for fair-use purposes, such as fair quotation, fair criticism, fair review, and fair caricature, parody, or pastiche. Additional exclusions may be made by EU nations. See below some further information about the exceptions and limitations to copyright available in the EU:
- Quotation, criticism and review
A quotation refers to a portion from a copyright-protected work used to support a claim, illustrate a viewpoint, or initiate a discussion. Additionally, quotations may be used in reviews (e.g. reviewing a book or an album) or critiques of copyrighted works (such as in-depth analyses of motion pictures)
- Caricature, parody and pastiche
To make people laugh, caricatures aim to exaggerate or distort reality. A parody should be an expression of humour or mocking that refers to an existing copyrighted work while still being significantly different from it. Typically, a pastiche will include distinguishing features from other works or styles in the new work.
Any use of a copyrighted work must be fair in order to fall under an exception or restriction, which means that it must, where appropriate, (i) not last longer than is necessary; (ii) be accompanied by adequate attribution of the source; and (iii) not unreasonably hurt the right holder’s legitimate interests.
The Community Guidelines still apply to videos that are subject to a copyright limitation or exception. This means that such recordings must not be used to abuse, mock, humiliate, embarrass, intimidate, or harm someone. They must also not contain hate speech or involve hostile behaviour.
Please be aware that TellnShare provides users and rights holders with a copyright infringement dispute resolution procedure in compliance with its legal requirements, but users are still able to assert their rights in court.
Trademark
Any term, symbol, slogan, design, or combination of any of the aforementioned that identifies the creator of a product or service and sets it apart from competing goods or services is considered a trademark.
Trademark Infringement
The illegal use of a trademark or service mark in connection with products or services in a way that is likely to confuse, deceive, or give the wrong impression about the source, origin, sponsorship, or affiliation of the connected goods and/or services is prohibited by trademark laws.
However, it is generally not regarded as a violation of our policies when someone else’s trademark is used to fairly describe, make a legal comment about, critique, parody, or review their products or services, or to compare them to other products or services, given that the mark is not used to recognize the user’s own products or services or those of a third party. Making a fan page for a brand is also generally acceptable, even without the brand’s consent, so long as you don’t pretend to speak for the brand, be affiliated with it, or otherwise infringe on its intellectual property rights.
Removal of Content; Suspension or Termination of Account
Any content that violates the rights of another party to a trademark may be removed. The user account may be suspended or terminated for persistent trademark infringement in connection with the use of the TellnShare app, as well as for other violations of the Terms of Service and Community Guidelines. We reserve the right to prevent any account holder whose account was misused from creating a new account on the TellnShare app or any other TellnShare service.
Trademark Complaint and Notification
Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a complaint by contacting us at: [email protected]
The data requested in your email complaint should be included in all complaints. Our ability to respond to your claims may be limited by the lack of relevant information, and your complaint may be rejected as a result. In compliance with our Terms of Services and Privacy Policy, we may disclose to the account holder your contact information, such as your email address and the name of the trademark holder, as well as specifics of the complaint.
Please be aware, prior to submitting a notification, that filing a deliberately false or fraudulent report may subject you to liability for damages under applicable laws in some countries.
Trademark Infringement Counter-Notification
You can contact the trademark owner directly to request a retraction if you receive a trademark infringement notification that you think is incorrect or if you believe you have permission to use the content.
By contacting us at: [email protected], you can also send us a counter-notification. The details included in the email must be included in every counter-notification. Insufficient information could make it more difficult for us to investigate your allegations and could cause us to reject your counter-notification.
General Note
You are responsible for the content you upload as a TellnShare user. You might wish to speak with an attorney if you have any doubts concerning copyright or trademark law, such as whether your content or your use of someone else’s name or brand violates their rights in any other way. You might also wish to first get legal counsel before submitting any content to us if you are unsure whether what you intend to report to us infringes or otherwise violates someone else’s rights.