Uploading material to Flickitup.com - copyright guidelines for Users

Downloading from Flickitup.com - copyright guidelines for Users

Veiwing/Browsing Flickitup.com - copyright guidelines for Users

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When you add anything to an Flickitup.com site, you are obliged to comply with copyright law. 

So, what can I upload to an Flickitup.com site without risk of infringing copyright?

Only your own work.

My own work includes quotes from other people's - is that ok to upload?

Only if your quote is a very small piece of the other work - no more than 1%. Of course, you must reference the source.

Any more than 1% of another's work requires the copyright owner's permission.

"This resource contains no copyright material or only an insignificant amount." 

"This resource contains copyright material but I have the copyright owners' permission to use this material on this website."

The term "copyright material" in this context means material where the copyright is owned by someone other than yourself.

My own work includes images from other sources - what about them?

Assuming you want the whole picture, not just 1% of it ... 

In copyright law, a picture is a whole work in itself even if it is published as part of a book or magazine. So you can't include published images in the work you upload unless it is an assignment. A special exemption applies to assignments.

But I've found a good cartoon I want to share

You can't upload other people's work unless you have their permission. This means you can't upload text (except the shortest of quotes), pictures, maps, cartoons, music, video or any other material from published sources.

What about the internet? 
Copyright still applies to material on the internet. While there is generally no infringement in your downloading material for personal use, to distribute that material further would probably infringe someone's copyright unless the website gives you permission. If you want to share material found on the Web with other people the safest approach is simply to post the link on the Flickitup.com site.

What about adding some music to the Flickitup.com site?

Again, you can only add music that you have written and recorded yourself.

What if I have permission of the copyright owner?

If you have permission in writing from the copyright owner, and would be able to produce it if required, then you could upload it to an Flickitup.com site.

In this case, you would check the second copyright button "This resource contains copyright material but I have the copyright owners' permission to use this material on this website".

You will then be presented with a text box where you can enter the name of the copyright owner and the terms of the permission.

What is Copyright? 
Copyright is a system of laws that is designed to protect the works of authors and producers from unauthorised copying and transmission, whilst at the same time allowing the public to have reasonable access to information. Australian Copyright Law is contained in a piece of federal legislation called The Copyright Act 1968. Of course, it's been amended many times since 1968, but that's what it's called.

Copyright Terminology 
In the language of copyright, the things that a person creates, such as essays, photographs, cartoons, stories, novels, drawings, computer programs, paintings, maps, plays and musical scores are called "works".

So there are

literary works (books, letters, articles, written assignments, etc),

dramatic works (plays, filmscripts, scenarios, treatments and the like)

musical works (this means scores, music that is written down,)

artistic works (photos, paintings, drawings, maps, diagrams, etc).

In addition to "works", copyright also protects audiovisual productions such as

Sound recordings

Films and videos

Just to add another dimension, a computer program is designated a "literary work".

Who owns copyright? 
At the moment a work is created, copyright will be owned by the author or creator of the work. When the work is published, authors often transfer the copyright to their publisher. If you are a student, then you will own the copyright in the works that you create - that is, the copyright in any assignments, research papers, theses, essays, websites, artistic or musical works that you create will be owned by you.

For audiovisual items, ownership is more complicated but usually the maker of the film or sound recording owns the copyright.

There is no need to register copyright - once the work or audiovisual item is produced, it has copyright protection. There is also no need to put the copyright symbol on it.

OK, so I own copyright in my work. What does that mean? 
A copyright owner has a number of exclusive rights, that is things that only he or she can do, or authorise someone else to do. In general, these rights are: 
a) to make copies of the work 
b) to publish the work 
c) to perform the work in public 
d) to make adaptations of the work - e.g. make a novel into a screenplay 
e) to communicate the work to the public - i.e. to put the work online and make it accessible to the public. 
Even if your work is put online on a restricted website, that still counts as communicating it to the public.

If someone else does any of these things without your permission, they will infringe your copyright. Likewise, if you do any of these things to someone else's material, you are at risk of infringing their copyright.

Agreement

CopyRight Material

No Copyright Material ie video(s),pictures,music, any imformation maybe uploaded without the owners permission

(A) This Agreement governs your use of this web site and its associated services ("Web Services"), including interactive chat and forum discussion areas (the "Interactive Areas"), which are owned and operated by Flickitup.com and its subsidiaries, affiliates, divisions and related companies

(B)Flickitup.com reserves the right, to change or modify all or any part of this Agreement at any time, effective immediately up on notice published on the Flickitup.com. Your use of the Flickitup.com constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Flickitup.com . If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Flickitup.com and the Interactive Areas.

2. Use of Content.
2.1 You acknowledge that the Flickitup.com contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Flickitup.com or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Flickitup.com. Users of the Flickitup.com may use the Content only for their personal, noncommercial use. Users of the Flickitup.com wanting to use the content for commercial use must obtain prior express written permission of Flickitup.com.

2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse/engineered unless specifically authorized by the owner of the software's patent and or copyright. Subject to the provisions of this Agreement, you may post on the Flickitup.com any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You grant to Flickitup.com the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the Flickitup.com without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

Termination of Service.
Flickitup.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Flickitup.com, including the Interactive Areas, at any time for any reason without prior notice or liability. Flickitup.com may change, suspend or discontinue all or any aspect of the Flickitup.com at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

Rules of Use
You shall not post on the Flickitup.com any content which (1) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (2) contains viruses or other contaminating or destructive features; (3) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (4) otherwise violates any applicable law or reputation. You may not post on the Flickitup.com any links to any external Internet sites that are obscene or pornographic. You shall not use the Flickitup.com for any commercial purpose not expressly approved by Flickitup.com, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.

Managing Content.
Flickitup.com does not and cannot review the content posted by users on the Web Site( Flickitup.com) and is not responsible for such content. However, Flickitup.com reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. Flickitup.com shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.

5. No Endorsement.
5.1 Flickitup.com does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of Flickitup.com or its advertisers or sponsors.

5.2 The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that Flickitup.com is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.