COPYRIGHT

Effective Date: 12 February 2020

1. INTRODUCTION

We understand and abide by copyright conditions as advised by the Australian Copyright Council. All representations and creations which are derivative of co-production we declare as duly copyright to those subjects who participate in that co-production.

Oethica Group Productions understands that there is no exception in the Copyright Act which allows “fair use” of copyright material just because the use is non-commercial or won’t make a profit. We, therefore, refer to “attribution” as the licensed permission through which the creations are released into the public domain.

There are no exceptions either for the “Substantial part” clauses that are applied in other international jurisdictions for “fair use”, expressly not a question of quantity, rather and always a question of quality. We reinforce that any use of material that Oethica Group Productions distributes as “important”, “essential”, or “distinctive” therefore, no use is permitted under a percentile clause, rather respectful use permitted under a CC BY 4.0 Unported International Licence - see https://creativecommons.org/licenses/by/4.0/

This Copyright Policy also applies when you use this website - https://www.oethica.org (“Website”) under the following conditions:

  • We may modify this Copyright Policy from time to time, and will post the most current version on our site;

  • Oethica group productions (“OGP”) delivers our Website through our third-party service provider (“Squarespace”) who respects intellectual property rights and expects its users to do the same;

  • Oethica Group Productions (“OGP”) delivers our Website through our third-party service provider (“Squarespace”) who respects intellectual property rights and expects its users to do the same.;

  • We believe in the right of anyone to engage in sharing the content displayed on this website if all copyright encompassing due respect, collective rights, each individuals privacy, personal protection, common and Cultural Laws are adhered to;

  • Oethica Group Productions Logo - The “OGP” logo is and remains copyright protected under the Copyright Act 1968 (Cth) with all rights of ownership held by Oethica Group Productions;

  • Respectful Attribution - Where digital assets have been made available for public viewing through the OGP website, these may be shared using the direct URL to that resource in the first instance, made accessible to others under a CC BY 4.0 Unported International Licence - see https://creativecommons.org/licenses/by/4.0/


2. PERMISSION BY ATTRIBUTION

With direct attribution to Oethica Group Productions, including displaying the OGP logo on all materials that you deal with in accordance with this clause, you are permitted to share those parts of this website that are not duly and exclusively copyright protected including:

  • Share — copy and redistribute the material in any medium or format;

  • Adapt — remix, transform, and build upon the material for any purpose, even commercially.

These material representations are permitted under a distribution, re-use, or sharing agreement of attribution, specifically the Attribution 4.0 International (CC-BY) license. This permission has been explicitly selected to protected educational institutions from being charged through their own respective copyright monitors for use of material other than what they are prescribed to deliver. 

We endorse the Australian Copyright Council’s permissions and attribution of Creators as having a legal right to be attributed for their work. This is not simply a matter of ‘moral rights’, nor ‘copyright’ rather the ethically aligned and considered use or re-use with attribution of co-creative works especially in the context of co-production.

We reinforce that there is no general copyright exception that allows you to use people’s material just because you give them ‘credit’, rather respectful attribution often involves communicating with co-creators and co-producers to gain their permission to use that material with attribution.

3. CULTURAL RIGHTS

Oethica Group Productions provides content via this website which is accessible through the Internet in good faith that it will be shared and connect those with OGP engaged services. Under no circumstance will Oethica Group Productions permit any use of any content owned by Oethica Group Productions in representations that counteract cultural rights of traditional custodians of whom Oethica Group productions have an established and convivial or enduring professional relationship. Co-production and co-creation is a complex process of negotiation, respectful assignment, and carefully considered aggregation with consent.


4. COPYRIGHT INFRINGEMENT

Any copyright infringement or lack of attribution to Oethica Group Productions as the source to material that has been altered, redistributed, or represented in another circumstance will be pursued firstly through mediation then failing any recourse the furthest extent of Australia common law.

Oethica Group Productions takes copyright and attribution very seriously and expects those who benefit from our creations to also abide by our conditions for its use and re-use. Oethica Group Productions is committed to respecting the rights of others in regards to their intellectual property and thus does the utmost to comply with Australian copyright law. We expect any users and contributors of our website to educate themselves on and comply with the law

If you believe that material available through our online service has infringed your intellectual property rights, we encourage you to contact us using the procedure outlined below.

4.1 GENERAL

  • The Oethica Group Productions responds expeditiously to claims of copyright infringement committed against the Oethica Group Productions;

  •  In accordance with all applicable laws (including the Copyright Act 1968 (Cth), Oethica Group Productions will not hesitate to terminate the access of anyone to the Website where you commit, or Oethica Group Productions suspects you have or may commit, any infringement of Oethica Group Productions copyright or other breaches of this Copyright Policy;

  • Oethica Group Productions reserves the right to initiate and expedite legal proceedings against those who infringe on our copyright or those who fail to provide reasonable justification for not providing appropriate attribution to Oethica Group Productions at all times.

4.2 SUBMITTING A NOTICE OF INFRINGEMENT

To submit a notice of claimed copyright infringement in the first instance you need to contact us directly and you will need to provide us with the following information:

  • Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);

  • Identification of the infringing material and information reasonably sufficient to permit the MFRC to locate the material on the Oethica group Productions website;

  • Your contact information, including name, address, telephone number, and email address;

    • The following statements: 

    • “… I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”;

    • “… I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” and;

    • A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

  • We will accept a digital submission of this notice through our contact system. 

  • Please note that information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.

4.3 OUTCOME OF INFRINGEMENT NOTICE

  • The MFRC will respond to an infringement notice in the manner it sees fit and in accordance with applicable laws; 

  • If Oethica Group Productions considers the notice to provide valid grounds for your claims, Oethica Group Productions may remove or restrict access to the allegedly infringing material;

  • Please be aware that under applicable law, you may be liable for any damages, including without limitation costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you’re unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

4.4 SUBMITTING A COUNTER-NOTIFICATION

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. To submit a counter-notice, please respond to our original email notification of removal with the following information:

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);

  • Your name, address, and telephone number; 

  • A statement that you consent to the jurisdiction of Western Australia, and that you will accept service of process from the person who provided the original notification or an agent of such person; and;

    • The following statement: "… I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and 

    • a physical or electronic signature (typing your full name will suffice).

Upon receipt of a valid counter-notification, the MFRC will forward it to the notifying party who submitted the original notice of infringement. The notifying party will then have ten business days to notify us that they have filed legal action relating to the allegedly infringing material. If we don’t receive any such notification within ten business days, we may restore the material to the Website.

5.0 Digital Millennium Copyright Act

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement in the United States jurisdiction. Oethica Group Productions complies with the DMCA, and we respond to notices of the alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy.

The Oethica Group Productions Copyright Policy has been prepared
by Sprintlaw Australia in conjunction with GetTerms.io