This policy covers all media generated by P14 Media for use on POR.Nz and POR.Nz branded websites and social media channels. It will also apply to both online and offline media, and cover written works, images and video.
Contents.
1. Applicable laws.
2. POR.Nz short links.
3. Reporting an alleged copyright infringement.
4. Making a complaint.
5. Fair use.
6. Contact.
1. Applicable laws.
P14 Media is a company based within the United Kingdom, and as such, all original works created by us including but not limited to, written works, images, video, designs, illustrations and logos will be automatically copyrighted and covered by the Copyright, Designs and Patents act 1988.
We will vigorously defend against the unauthorised use of our intellectual property through all available legal channels.
We will also abide by UK regulations when dealing with a copyright complaint from an external source.
In line with our international business model, we will also comply with any copyright notifications under the United States Digital Millennium Copyright Act (DMCA).
2. POR.Nz short links.
Our service allows both public users to create short URL links to external content.
No content linked to in this manner is controlled by P14 Media or the POR.Nz website, and is not hosted on any server operated by P14 Media or POR.Nz.
All copyright requests and DMCA notices should be directed to the website hosting the infringing material.
We will consider removing links to serious and proven copyright violations though our abuse system at por.nz/abuse.
3. Reporting an alleged copyright infringement.
If you have any concerns over the unauthorised use of your copyrighted material, we would advise you to firstly check the content is not simply embedded (ie. From Facebook, Youtube etc).
We take allegations of copyright infringement seriously and will always attempt to respect the copyright of the work of others.
If you feel we have infringed upon your copyright, please contact us in the first instance in writing using the contact details at the bottom of this policy.
Although we will respond to any official complaints filled under DMCA, we would advise you open a dialogue with us first, as usually any issues can be corrected quickly and without the need for legal complaints.
It is important that you understand that filing an official DMCA complaint is the start of a pre-defined legal process under US law and you may be liable for damages if you knowingly misrepresent that material or activity is infringing.
Note: If you have created a short URL using our free or premium service, you have agreed to our terms and conditions of use.
Term 2a-15 allows us the right to include content from your link on our website under the following conditions.
- We are sure you are the copyright holder of the content in question and have the authority to grant us this right.
- We only use the content in the promotion of the link you created in a legitimate attempt to generate more traffic for your link, and subsequently, your website, page or content.
4. Making a complaint.
To make a complaint regarding a possible copyright infringement we will need you to contact us in writing using the contact details at the bottom of this policy.
Your complaint must contain the following information:
- The electronic signature or typed out full name of the copyright holder in question. If you are acting as a representative we will need your details as well as those of the copyright holder.
- A clear description of the infringed work including links to the original work or dated copies of any offline proofs which validate your claim.
- A link to, or another easy to identify description of the infringing work, on or in our published media. So we can locate the item in question.
- Your contact details, including legal name, full address, email and phone number.
- A statement of good faith, indicating your genuine belief that we have used your copyrighted property without permission or legal basis.
- A statement that you are providing us with accurate information under penalty of perjury, and you are either the genuine copyright holder of the work in question or the copyright holders representative and have authority to make the complaint on their behalf.
We will respond as soon as possible but no later that 1 month from your complaint. We may ask for further details to validate your claim if needed or further identification to prove your genuine identity.
5. Fair use.
Under UK and US law, certain uses of copyrighted material are allowed without the permission of the copyright holder. This is known as Fair Use in the US and Fair Dealing in the UK and some other countries. There are some differences in the laws but the general theme is the same.
Examples of fair use in the United States which could affect us include commentary, criticism, parody and news reporting.
In determining that the use of a work is fair, the factors considered shall include:
- The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
- The nature of the copyrighted work.
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
- The effect of the use upon the potential market for, or value of the copyrighted work.
Under UK law, the fair dealing regulations which will mostly affect us are those listed under section 30 of the previously mentioned act. These cover fair use for criticism or review, reporting of current events, and parody, caricature and pastiche.
Content featured on POR.Nz is mostly included for promotional or reporting purposes only.
We would advise researching if the suspected infringement of your work would be covered by fair use in either US or UK law before you begin your complaint. You are welcome to contact us if you have any queries regarding this issue beforehand.
6. Contact.
You can contact us regarding these issues as follows:
By email: [email protected] using the subject line ‘Copyright Complaint’.
Last updated 13th May 2020.