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Copyright

What is copyright?

Copyright is a form of protection provided for original works of authorship, including literary, dramatic, musical, graphic and audio-visual creations. ‘Copyright’ literally means the right to copy, but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work.
Copyright protection means that a copyright owner can control certain uses of their work. Most importantly, this protection gives the copyright owner the right to control the copying of their content, adapting and transmitting the content. Uploading and sharing content via the Internet implicates many of a copyright owner's exclusive rights. The exclusive nature of copyright means that only the owner can decide who engages in these activities with respect to their content.
There are limitations to copyright. It does not generally protect ideas or facts. In addition, there are some uses of copyright protected materials that are authorized by law. This means, for example, that the copyright owner's permission is not required to use their work in a video. The precise nature of these exceptions to copyright protection, depends on the national copyright law that applies. In the Us for example, the most important exception is fair use. In the UK, there are fair dealing exceptions for particular uses such as criticism and review or reporting the news. In Brazil, the exceptions are itemized and specific and include quotes with attribution or short excerpts for personal use.

What is copyright infringement?

Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
You agree that you own or license the copyright (or are authorized by the copyright owner to send to us and use) any content or images you submit to us for custom work, and you warrant that none of the content or images contain anything which would infringe on any copyright, trademark, design right or other intellectual property right of any third party. We will not check the content of any images provided by you. However, if we believe any image does not comply with these terms, we reserve the right to refuse to use it, without any obligation or liability to you. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone sending any material in breach of these terms.

“WhatsOrb hopes that you will help us protect the rights of artists and creators, and work with us to keep our WhatsOrb Community a creative, legal and positive experience for everyone.”

Images sent to us remain under the existing copyright.

By sending us an image you are granting us a license to modify, print, or otherwise use the image in accordance with the details of your post. By uploading a post (any content; text, images in any form) and accepting our terms you are accepting any and all liability for any consequences using the (content: text, images in any form) you supply. 
For companies or organizations providing corporate logos or trademarked images, it is your responsibility to ensure that any material supplied in any medium is not protected by any copyright law, or that any necessary permission for WhatsOrb to reproduce the images has been obtained.
WhatsOrb respects the rights of copyright holders and publishers and requires all users to confirm they own the copyright or have permission from the copyright holder to upload content. We comply with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws and promptly remove content when properly notified.
Posting copyright-infringing content can lead to the removal of your videos & clips, photos and or content and possibly monetary damages if a copyright owner decides to take legal action (this is serious, you can get sued!). Repeat infringers' accounts are terminated. These users are permanently prohibited from using WhatsOrb’s Site.
WhatsOrb-Site hopes that you will help us protect the rights of artists and creators, and work with us to keep our WhatsOrb Community a creative, legal and positive experience for everyone.

There is no such thing as international copyright law

First, there is no such thing as international copyright law. Instead, there is a whole conglomeration of international treaties, unions, and conventions. If it weren't for these international treaties and conventions, there would be no way for copyright holders to enforce their rights in other countries.
Very generally speaking, a copyright infringement case with international components (what I'm calling an ‘international copyright case’) will be brought where the infringement took place. Lawyers refer to this principle as the ‘territoriality’ of copyright law.
Is the infringement location determined by the location of the server? By the residence of the person authorizing the infringement? The residence of the copyright holder resides? Where the defendant resides? What about where the harm from the infringement occurred? After laboring over this issue, most courts in most of the world have given up trying to use a simple, one-factor test.  It’s just not that simple. Instead, judges are doing what judges love to do: considering all the factors and then going with their gut instincts.
Despite the difficulty of determining the location of infringement on the internet, there are certain things courts all over the world agree on. First, the mere fact that you can view a website with infringing content in Country A does not give Country A jurisdiction. Now, if you can purchase infringing content, such as a book or a song from that website in Country A, then that may be different story. Second, the mere fact that a host server is located in Country B, without more, does not give Country B jurisdiction. If the connection is that minimal, it is not enough to establish jurisdiction.
Because of the many factors to be considered, there may be more than one right answer in determining where your international copyright case should be heard. It is increasingly common in the global marketplace that two or more countries have jurisdiction to hear the dispute.
For example, assume that the copyright holder lives in the U.K., the infringer lives in the U.K., but the host server and the target market for the infringing website is in Russia. It is likely that the case could be brought in either Britain or Russia because both countries have substantial connections to the dispute.

Copyright and trademark notices

All contents on this Website are: ©2017-2018 WhatsOrb. All rights reserved. WhatsOrb is not responsible for content on website(s) operated by parties other than WhatsOrb or information and/or URL’s copied and pasted in WhatsOrb’s Site.

WhatsOrb, the WhatsOrb logo and all other products or Site names or slogans displayed on the Site are registered* and/or common law trademarks of WhatsOrb and/or its partner(s) or licensor(s), and may not be copied, imitated or used, in whole or in part, without the prior written permission of WhatsOrb or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button, icons and scripts, is the service mark, trademark and/or trade dress of WhatsOrb and may not be copied, imitated or used, in whole or in part, without the prior written permission of WhatsOrb. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WhatsOrb.

If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy (see below) and by e-mailing us at info@whatsorb.com. We only address messages concerning brand infringement at this email address.

Copyright and other intellectual property rights

All intellectual property used in or in connection with WhatsOrb’s Site such as trademarks, trade names, database rights, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of WhatsOrb’s Site will remain the property of WhatsOrb or any relevant third party as the case may be. By using WhatsOrb’s Site, you agree to respect those intellectual property rights from WhatsOrb and content from third parties and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the website. Similarly, all of the intellectual property rights in information displayed on the pages of this website are either owned by WHATSORB or from third parties who own them and no rights to use this information is permitted other than those set out below.

*WhatsOrb is a registered TM at: Benelux Bureau for Intellectual Property no: 064055 and 101797

What types of copyright complaints does WhatsOrb respond to?

WhatsOrb will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile photo, header photo, or background and or users & members written content, allegations concerning the unauthorized use of a copyrighted image uploaded through our photo upload possibility, or links to allegedly infringing materials.

Am I a copyright holder? how do I know?

If you are unsure whether you hold rights to a particular work, please consult an attorney or another adviser as WhatsOrb cannot provide legal advice. There are plenty of resources to learn more about copyright law

Tip: In general, the photographer and not the subject of a photograph is the actual rights holder of the resulting photograph.

Copyright Infringement Notification

To report abuse, harassment, inappropriate content, or privacy complaints, please visit our Help Centre.

Copyright Complaint Policy

Copyright infringement can only be sent to WhatsOrb if it is concerning uploaded photos and or users & members personal ‘written’ content on WhatsOrb’s Site. All other content on WhatsOrb’s Site are links pasted ‘in’ WhatsOrb’s Site.
Copyright Infringement about third parties content has to be addressed to the companies displaying this content like: Youtube, other video sites, Google and other search machines and websites.
To file a copyright infringement notification with WhatsOrb, you will need to send a written communication that includes substantially the following (please consult your legal counsel of your country or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements).

What is the DMCA?

Section 512 of the Digital Millennium Copyright Act (‘DMCA’) outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice.

To submit a copyright complaint, you will need to provide us with the following information:

  •  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work.
  • Identification of the 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 to permit the service provider to locate the material.
  • Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please sent your information to: info@whatsorb.com

Copyright complaint web form

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Claimant information will be published on WhatsOrb’s Site in place of disabled content.

Counter notification

If you select to send us a counter notice, please go to the Copyright Counter-Notification Page (see below) to access the instructions.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

Copyright Counter Notification Page

What information do you need to process a counter-notice?

To submit a counter-notice, you will need to provide us with the following information:

  •  A physical or electronic signature (typing your full name will suffice);
  •  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 DMCA notice will suffice);
  •  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.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which WhatsOrb may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

To submit a counter-notice, please respond to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons.

What happens after I submit a counter notice?

Upon receipt of a valid counter-notice, we will promptly forward a copy to the person who filed the original notice. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.

Tip: We cannot offer any legal advice. Should you have questions, please consult an attorney.

Filing a DMCA Notification or counter-notice is serious business!

Please think twice before submitting a claim or counter-notice, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.

We like to thank the people below for using their photo's in the categories:

  • Heidy Sequera, Social Sustainability 
  • Joshua Earle, Climate Change
  • Gustavo Quepon, Alternative Energy
  • Damien Creatz, Food
  • Ricardo Gomez Angel, Architecture
  • Andrew Branch, Agriculture & Gardening
  • Ray Hennessy, Animal Welfare 
Get updates on environmental sustainability in your mailbox every month.