Sometimes, some authors, marketplace freelancers or work-for-hire freelancers are mistaken or ignorant of the provisions of the copyright under which their work is released.
Hence, once in a while, we or our subscribers may get a copyright violation notice from a mis-informed author.
We produce many of our video and other source materials in-house. But also frequently use the services of work-for-hire freelancers, such as those on sites like Fiverr.com in many of our templates.
For example, actors in our Video Spokesperson templates.
Subsequently, we own all copyrights to any items or work produced for us by any of our third party work-for-hire freelancers.
Consequently, If you get any notice of copyright violations resulting from any item licensed from our platform or service. Such as from an actor in a video template or stock footage owner, Please refer them to this page or
Alternatively, if you prefer, you could include a copy or link of this page with your derivative work.
For example: We own all the copyright and intellectual property for any work-for-hire service, video or product created by freelancers hired by us on the Fiverr freelance marketplace in line with the terms of the Fiver marketplace located at this url here;
See section under “Ownership”.
“Ownership and limitations: Unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. “
THE DMCA TAKEDOWN NOTICE
If you believe that you do in fact own the content, then you can submit a DMCA notice via our website. The DMCA Takedown Notice provides a mechanism for copyright holders to request an Internet Service Provider (ISP), search engine, host or other type of site-owner/manager to remove material that is infringing their copyright. Before you send a DMCA Takedown Notice you need to establish a few things:
(1) You own the copyright or have the right to assert infringement of a copyright you license. If you do not own the copyright or have a legal right to assert a claim of copyright infringement, you’re wasting your time.
(2) The alleged infringement is not covered by an exception such as Fair Use or free speech laws. While you don’t have to know every aspect of Fair Use exceptions, you do have to have a “good faith” belief that the alleged infringing use is not covered by any law which would permit its use.
(3) The content is capable of being infringed online. That mean the work must be something in digital form.
Note that your letter will need to contain some very specific information. The Digital Millennium Copyright Act sets forth the information that must be provided in a DMCA takedown notice, not the ISP, search engine, website, social media platform, or DMCA takedown agent.
Your notification must:
• Be in writing (this includes both hardcopy or digital);
• Be signed (whether in writing of via electronic signature) by the copyright owner or agent;
• Identify the original copyrighted work (or works if there ar multiple) you claim has been infringed;
• Identify the material that is infringing your copyrighted work;
• Include contact information so the designated agent can reach you, if necessary;
• Include a statement your complaint is in “good faith;”
• Include a statement the information in the notification is accurate; and
• Include a statement that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SOURCE MATERIALS AND CREDITS