Derivative Works
http://www.copyright.gov/circs/circ14.pdf
In short (and yes this is copied from the above link):
"A derivative work is a work based on or derived from one or more already existing works. Also known as a "new version," a derivative work is copyrightable if it includes what copyright law calls an "original work of authorship." Any work in which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship is a derivative work or a new version.
A typical derivative work registered in the Copyright Office is a primarily new work but incorporates some previously published material. The previously published material makes the work a derivative work under copyright law."
Digital Millennium Copyright Act (DMCA)
http://www.copyright.gov/docs/regstat121201.html
As it relates to StudyCards flashcard iPhone Application (including individual Decks and Cards)
it is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to WorkLifeStudy.com as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
Infringement Notification for StudyCards or StudyPro (StudyCards Pro) (including Decks and Cards)
To file a notice of infringement with us, you must first contact us via email. We will respond within 48 hours to assist you in providing written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears in the deck called ExamStudyCards in the Exams category") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the "Touch Not This Cat" by Dudley Smith, published by Smith Publishing, ISBN #0123456789").
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must provide
- Provide information reasonably sufficient to permit WorkLifeStudy.com to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit WorkLifeStudy.com to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
- Send the scanned written communication to the following email address:
legal@WorkLifeStudy.com with the Subject: Legal Support, DMCA Complaints
Please note that in addition to being forwarded to the person who provided the allegedly infringing content (if possible), a copy of this legal notice will be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org). You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. A link to your published letter may be displayed in WorkLifeStudy.com's Deck in place of the removed content.
Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the specific Decks or Cards or other unique identifying information of material that WorkLifeStudy.com has removed or to which WorkLifeStudy.com has disabled access.
- Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or Lake County Ju, 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.
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each deck of flashcards or subsets of cards was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
- Sign the paper.
- Send the written communication to the following email address:
legal@WorkLifeStudy.com with the Subject: "Legal Support, DMCA Counter Complaints"
For any additional questions regarding the DMCA process for WorkLifeStudy.com products please contact us at removals at worklifestudy dot com
Account Termination
WorkLifeStudy.com does not have account holders or subscribers. If any Services does, WorkLifeStudy.com will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact WorkLifeStudy.com and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.