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Copyright Code of Conduct

Have you ever wondered what actions you are permitted to do in connection with a
video, or music, or a text document and what actions constitute a copyright vio
lation? Well, you should.
First of all, it is the policy of eSnips, Ltd. to respect the legitimate rights
of artists and creators of copyrighted works.
Second, posting copyright infringing content can lead to the termination of your
account.
Finally, you could be sued for monetary damages if a copyright owner takes you t
o court.
We hope you will work with us to keep our community a creative and legal experie
nce for everyone. Here are some guidelines to help you determine whether posting
material is legal or whether it infringes someone else's copyright.
How To Make Sure The Content You Post Does Not Infringe
The best way to ensure the material you upload doesn't infringe someone else's c
opyright is to simply create your own original work using your skills, imaginati
on and creativity. If it's all yours, you never have to worry about the copyrigh
t infringement you own it! eSnips encourages you to create and post your own works
so that others can enjoy them.
Make sure that your work is really ALL yours. For example, if your video uses an
audio track of a sound recording owned by a record label, your video infringes
the copyright of the record label, unless you received permission from that labe
l. If we receive a notice from that record label, we will disable your folder wh
ich contains that video.
Some Guiding Principles
Here are some principles which may be helpful:
* The performer owns the rights to use his or her own image in a video, espe
cially if that performer isn't you!
* The songwriter owns the rights to the song being performed, especially if
that songwriter isn't you!
* The owner or owners of the venue where a video is shot may have a say in w
hether that video can be shown.
* If you tape a clip from another source, it usually violates someone s copyri
ght. It doesn't matter how long or short the clip is. If you taped it off cable,
videotaped your TV screen, or downloaded it from some other website, it is stil
l copyrighted, and requires the copyright owner's permission to distribute.
* It doesn't matter whether or not you give credit to the writer, owner, aut
hor, cameraman, or songwriter it is still copyrighted, and you cannot post it with
out the owner s permission.
* It doesn't matter that you are not making commercial use of the content, o
r that you are not charging money for it it is still copyrighted.
* It doesn't matter whether or not the material contains a copyright notice it
is still copyrighted.
* Just because the text, picture, music or video is posted on the internet d
oes not mean that you can use it it is still copyrighted.
Fair Use - Using Some Copyrighted Content in Your Works
You may have heard of the term fair use. Under certain circumstances, you are allo
wed to make limited use of other people s copyrighted materials without their perm
ission. This is called fair use in the United States. The law varies from country
to country, so it is difficult to make generalizations here.
Fair use is a legal principle that defines the limitations on the exclusive righ
ts of copyright holders.
There is no simple test to determine what is fair use so the safest course is al
ways to get permission from the copyright owner before using copyrightedmaterial
. When it is impracticable to obtain permission, use of copyrighted material sho
uld be avoided unless the doctrine of fair use would clearly apply to the situatio
n. Here are some examples of activities that courts in the United States have ge
nerally regarded as fair use:
* Quotation of excerpts in a review or criticism for purposes of illustratio
n or comment
* Quotation of short passages in a scholarly or technical work, for illustra
tion or clarification of the author's observations
* Use in a parody of a limited amount of the content of the work parodied
* Summary of an address or article, with brief quotations, in a news report
* Reproduction by a teacher or student of a small part of a work to illustra
te a lesson
* Reproduction of a work in legislative or judicial proceedings or reports
* Incidental reproduction, in a newsreel or broadcast, of a work located in
the scene of an event being reported
You should know, however, that since works on eSnips are viewable in all countri
es in the world, the laws of those countries could apply. Many countries have a
much more limited view of fair use than the United States does, or may not have
the fair use concept at all. Please note that a "fair use" is not likely to be f
ound "fair" if a large or significant excerpt is used or if the use would tend t
o discourage purchases or supplant demand for the copyrighted work.
What We Do If You Upload Infringing Content
It is the policy of eSnips to respect the legitimate rights of copyright and oth
er intellectual property owners. We act in accordance with a law in the United S
tates called the Digital Millennium Copyright Act (the "DMCA"). Under that law,e
Snips has designated a person to receive notices of claimed copyright infringeme
nt. If you believe that your copyrighted material is being infringed, please wri
te us with all the details.
When we receive a valid notice that content on our site infringes the copyright
of someone else, we will delete the infringing material. Repeated infringement w
ill result in termination of your use of the eSnips service, so please do not po
st infringing material we want you to enjoy all the wonderful aspects of the eSnip
s community for a long time!!

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