COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT

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The Copyright Act, 1957, along with the Copyright Rules, 1958, is the governing law for copyright protection in India. Copyright laws serve to create property rights for certain kinds of intellectual property, generally called works of authorship. Copyright laws protect the legal rights of the creator of an ‘original work’ by preventing others from reproducing the work in any other way.

 

A copyright grants protection to the creator of an original work and prevents such work from being copied or reproduced without consent. The creator of a work can prohibit anyone from:

i. Reproducing the work in any form, such as print, sound, video, etc.,

ii. Recording the work in compact disks, cassettes, etc.,

iii. Broadcasting it in any form,

iv. Translating it into other languages, and

v. Using the work for a public performance, such as a stage drama or musical performance.

 

A copyright is infringed when someone, without the permission of the copyright holder, does any of the above, which only the copyright holder has the exclusive right to do. The Copyright Act provides for both civil and criminal remedies for infringements of copyrights. On proving an infringement, the copyright owner is entitled to remedy by way of injunctions and order for seizure and destruction of infringing articles. The offending parties may also be asked to pay damages.

 

To protect the rights of copyright holders, it is Tyunami’s policy to respond to written notices of alleged infringement that comply with the Indian Copyright Act, 1957.

 

RESPECT OF THIRD PARTY RIGHTS:

Tyunami respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service and Tyunami holds a zero tolerance policy on the same.

 

REPEAT INFRINGER POLICY: 

Tyunami’s intellectual property policy is to

(a) remove material that Tyunami believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and

(b) remove any Content posted to the Service by “repeat infringers.” Tyunami considers a “repeat infringer” to be any user that has uploaded Content to the Service and for whom Tyunami has received more than two takedown notices compliant with the provisions of the Indian Copyright Act, 1957 with respect to such Content.

 

Tyunami has discretion to terminate the account of any user of the Service after receipt of a single notification of claimed infringement or upon Tyunami’s own determination.

 

PROCEDURE FOR REPORTING CLAIMED INFRINGEMENT:

If You are an intellectual property owner or agent thereof and believe that any Content on the Service infringes any rights that You own or represent, then You may submit a notification of claimed infringement and we will respond accordingly. If you are a copyright owner or an agent thereof, you can notify us about the infringing work with the following details:

 

1.    Description of the copyright work that you claim to have been infringed including the URL of the location where such copyright work exists;

2.    Identification of the URL or other specific location on the Service where the material you claim to be infringed is located;

3.    Information reasonably sufficient to permit Tyunami to contact You, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

4.    A statement by You that you have a good faith belief that the use of the infringing copyright work is not authorized by the copyright owner;

5.    A statement by You that the above information in your notice is accurate and that you are the rightful copyright owner and/or authorized person to act on behalf of the copyright owner.

6.    A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

7.    Identification of the works or material claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; and

8.    Identification of the specific 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 for Tyunami to locate the material.

 

You should consult with Your lawyer and/or see provisions of the Indian Copyright Act, 1957 to confirm Your obligations to provide a valid notice of claimed infringement.

 

COPYRIGHT CONTACT INFORMATION:

Send written notices for claimed infringement by email or by postal mail to:

Six Sting Ventures Pvt. Ltd. AWFIS, Poddar Chambers, Mathuradas Mill Compound, Lower Parel, Mumbai – 400013 India

Email: help@tyunami.com

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COUNTER-NOTIFICATION:

If You receive a notification from Tyunami that material made available by You on or through the Service has been the subject of a Notification of Claimed Infringement, You will have the right to provide Tyunami with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Tyunami’s Copyright Agent to the same email or postal address identified above for reporting copyright infringement. Your Counter Notification should include substantially the following information:

1.    Your physical or electronic signature;

2.    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;

3.    A statement, under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4.    Your name, address and telephone number; and

5.    A statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located or, if your address is outside of the United States, for any judicial district in which Tyunami may be found, and that You will accept service of process from the person who provided a notice in compliance with Tyunami’s Procedure for Reporting Claimed Infringement as described above.

 

If You are submitting a Counter Notification, You should consult a lawyer or see the provisions of Indian Copyright Act, 1957 to confirm Your obligations to provide a valid counter notification under the Act.

 

Tyunami reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.