Freetivity is committed to protecting the rights of copyright holders while fostering creative freedom. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") or other applicable intellectual property laws. Our approach prioritizes fairness and accuracy, involving human review for takedown requests to minimize errors and protect legitimate creative expression, ensuring no unfair takedowns for videos, gacha content, or other creations.
This policy outlines the information required for infringement notices, how to submit them, and our process for handling such claims, including counter-notifications for our video site.
If you are a copyright owner or an agent thereof and believe that any content on Freetivity (e.g., video, gacha material) infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the specific copyrighted work(s) on Freetivity claimed to have been infringed. If multiple works hosted on Freetivity are involved, please provide a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Freetivity to locate the material (e.g., URLs of the infringing content on our video site).
- Information reasonably sufficient to permit Freetivity to contact you, such as an address, telephone number, and, if available, an email address.
- A written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A written statement affirming that all information provided in your notice is accurate, and under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may use the following template for this statement:
"I, [Your Full Legal Name], declare under penalty of perjury that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
Notifications should be sent to our designated Copyright Agent exclusively via email at: copyright@legal.freetivity.net, clearly marking the subject as "Copyright Infringement Notice".
Please ensure all the above information is provided accurately. Freetivity reserves the right to ignore incomplete claims or take appropriate action, including account suspension or termination, in cases of abuse of this reporting process or submission of fraudulent claims. Our content protection measures aim to be fair and prevent misuse.
Please note: All takedown requests are reviewed by human moderators. False claims or misuse of this process may result in legal consequences or account actions. Freetivity is committed to no unfair takedowns.
If you believe that your content (e.g., video, gacha creation) that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our Copyright Agent:
- Your physical or electronic signature.
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled on our Freetivity site.
- A written statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
- Your name, mailing address, telephone number, and email address. You must also include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Freetivity's registered judicial district if your address is outside of the United States), and that you will accept service of process from the person who provided the original infringement notification or an agent of such person.
Counter-notices should be sent to our designated Copyright Agent exclusively via email at: copyright@legal.freetivity.net, clearly marking the subject as "DMCA Counter-Notification".
If a counter-notice is received by the Copyright Agent, Freetivity may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Freetivity's sole discretion. This is part of our commitment to content protection and avoiding unfair takedowns.
In accordance with the DMCA and other applicable law, Freetivity has adopted a policy of terminating, in appropriate circumstances and at Freetivity's sole discretion, users who are deemed to be repeat infringers on our video site. Freetivity may also at its sole discretion limit access to the platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Freetivity recognizes the importance of copyright exceptions, including principles like fair use, parody, commentary, criticism, news reporting, teaching, scholarship, or research. These exceptions allow the reuse of copyright-protected work without the owner's consent in certain cases and play an important role in fostering free expression and creativity on our video platform.
Understanding Copyright Exceptions:
The laws that allow a person to reuse copyright-protected work without the consent of the copyright holder in certain cases are called copyright exceptions. While there are similarities worldwide, specific rules differ significantly by country.
- Fair Use (United States): This is a flexible doctrine. Courts consider four factors: (1) the purpose and character of the use (e.g., transformative, non-profit educational vs. commercial); (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. Uses for criticism, comment, news reporting, teaching, scholarship, or research are often considered. Fair use aims to strengthen freedom of expression.
- Continental European Legal System (e.g., most EU member states): Exceptions are generally more limited and defined by specific categories. For example, Article 17 of the EU Digital Single Market Copyright Directive mentions categories like quotation, criticism, review, caricature, parody, and pastiche. The interpretation of these categories by national courts and the Court of Justice of the European Union (CJEU) is crucial. The context of use and the aim to balance freedom of expression with copyright protection are important considerations.
- Mixed Approaches (e.g., Canada, UK, Australia): These countries often combine specific categories with factors similar to fair use. Categories may include quotation (for criticism, review, or journalism), caricature, parody, and pastiche.
- Bern Convention: This international treaty, signed by many countries, allows for content reuse for purposes like quotation and reporting, under certain conditions.
Freetivity's Approach to Creative Freedom:
Our mission is to give everyone a chance to make their voices heard and share their creativity (including video and gacha content). Copyright exceptions are vital to this mission. Therefore, we ask copyright holders to consider whether copyright exceptions apply before submitting a takedown request. We believe this approach balances copyright protection with the freedom of expression for content creators, central to Freetivity's ethos of no unfair takedowns.
Our human review process for takedown requests aims to consider these principles. We encourage creators to understand copyright exceptions applicable in their context and to utilize content responsibly and transformatively when incorporating copyrighted material.
However, the determination of whether a specific use falls under an exception (like fair use) can be complex and may ultimately be decided by a court. Submitting content that relies on copyright exceptions is done at the creator's own risk. Freetivity strives for robust content protection while supporting creative endeavors.
For any questions or notices regarding copyright on Freetivity, please contact our Copyright Agent exclusively via email at:
Email: copyright@legal.freetivity.net
Please ensure your subject line clearly indicates the nature of your inquiry (e.g., "Copyright Infringement Notice", "DMCA Counter-Notification", "Copyright Question").