COPYRIGHT EDUCATION PAGE
You have been sent to this page because Hotfile received a DMCA copyright infringement notification for content uploaded on your affiliate account. As a result, your account has been temporarily suspended. You can only restore your affiliate account in one of two ways: 1) filing a counter notification (as outlined at
http://hotfile.com/ippolicy.httml) if you wish to contest the DMCA notice; or
2) reviewing the materials and passing the quiz below. Please note that if your account is restored and Hotfile subsequently receives a second DMCA notification for content uploaded on your account, your account will be permanently terminated from the Affiliate Program. A third DMCA notification will lead to termination of your account from Hotfile’s services.
Hotfile is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). Hotfile respects the rights of copyright holders and requires that all account holders receive permission from copyright holders before uploading and sharing, distributing or displaying copyrighted works.
Copyright infringement is a violation of civil and criminal law and infringers can face civil lawsuits and fines, as well as, in some cases, criminal prosecution resulting in possible incarceration. The information on this website is not legal advice and is intended for general informational purposes only.
Primer on Copyright Law
Copyright law recognizes ownership rights in the expression of ideas or inventions. The creator of a work is given the exclusive right to reproduce, distribute, perform, display, or prepare derivative works from the original work. Copyright law exists in most countries and copyrights obtained in one country are generally applicable in other countries under the Berne Convention.
Material That Is Protected by Copyright.
Examples of copyrighted materials include computer software, motion pictures, sound recordings, books, pictures, and architectural works. Television shows, motion pictures, recorded music, music videos, and recorded dramatic or musical performances are very likely to be copyrighted works.
Copyright Infringement
Copyright law forbids copying, distribution, public performance, public display and the creation of derivative works of a copyrighted work without the permission of the copyright owner.
Sometimes the authors of a work will widely grant permission for others to copy and distribute their works. Some common examples of this include open source software, freeware, shareware and Creative Commons (
www.creativecommons.org) licenses.
The law also allows for certain “fair uses” of copyrighted works without the copyright holder’s permission. There are no set “fair uses,” though courts in the United States consider four factors in determining whether use of a copyrighted work is fair use: 1) the purpose and character of the use (whether for commercial or non-profit or educational use); 2) the nature of the work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4) the effect upon the potential market for or value of the copyrighted work. By balancing these four factors a Court may find that certain otherwise infringing uses may be legally permissible.
Uploading copyright-infringing material may result in the temporary suspension or permanent termination of your account. Hotfile will discontinue service to users who repeatedly make such content available or otherwise violate Hotfile’s Terms of Service. Please see Hotfile’s Terms of Service (
http://hotfile.com/terms-of-service.html) and its Intellectual Property Policy (
http://hotfile.com/ippolicy.html) for more information regarding its repeat infringer policy.
Avoiding Copyright Infringement
The best way to avoid copyright infringement is to obtain the copyright holder’s permission before uploading and sharing, displaying or distributing a copyrighted work.
It is your responsibility to know the laws in your country and to understand what constitutes copyright infringement and the consequences associated with infringement.
Reporting Copyright Infringement
If you are a copyright holder (or authorized representative), you may send a notice of claimed infringement under the DMCA as outlined at
http://hotfile.com/reportabuse.html.
Copyright Infringement Quiz
Note: You must provide the correct answers to each of the questions above to be reinstated as an Affiliate.