Intellectual Property Policy
This Intellectual Property Policy was last updated on July 2, 2021.
Werkey is a technology platform that allows any company, anywhere, to create and share educational courses to empower their customers and users. Our marketplace model provides that we do not review or edit courses legally, and we are unable to determine the legality of course content. However, it is important that content providers who publish courses on Werkey respect the intellectual property of others. When content providers publish courses on our marketplace , they undertake that they have the necessary authorization or rights to use all content contained in their courses.
Violations are not tolerated on or through our platform.
This policy addresses what we do in the event of reports of copyright infringement by content owners and allegations of trademark infringement by trademark owners in connection with courses on the Werkey platform. The policy also addresses what we do when courses from Werkey content providers are copied onto third-party platforms without your consent.
List of Contents
- Complaints of Third Party Copyright Infringement
- Instructor Complaints of Content Infringement on Other Platforms
- Complaints of Infringement of Third-Party Trademarks
- Designated Responsible Contact Information
1. Complaints of Third Party Copyright Infringement
It is Werkey's policy to remove courses from our service when they are reported to infringe copyright owners of the original content. It is also our policy to remove all courses from any instructor who is found to be a repeat infringer (in respect of whom Werkey has received more than two valid removal notices). We reserve the right to terminate an instructor's account at any time, including when they post content that infringes on a third party's copyright.
1.1 How to make a complaint
If you would like to report a Werkey Marketplace course and you are the owner or designated owner of the rights owner of the content that you believe is being infringed, the most efficient way to communicate is to email firstname.lastname@example.org .
Before submitting a copyright infringement report, please keep these important points in mind:
- We are unable to process a copyright claim that is not submitted by the copyright owner or their designated guardian. That's because we have no way of knowing whether the instructor who posted the course you're reporting has obtained proper permission from the owner to use the content. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have the authority to represent the copyright owner (including if the copyright owner is an organization).
- Your copyright claim must be sufficiently corroborated for us to process it. This means:
- You provide enough information for us to contact you, including your full legal name, an email address, physical address and a telephone number (optional);
- If you are reporting on behalf of an organization, please include the organization's name and your relationship to the organization;
- You accurately identify the original copyrighted material or, if multiple copyrighted works are covered in your notice, provide a sufficiently representative list of such original material (such as a URL where the material is located);
- You provide sufficient information for us to locate the allegedly infringing course(s) on Werkey's website (the URL on our website and the exact name of the course and instructor);
- You include a statement saying, "I certify, under penalty of perjury, that the information in this claim is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf and have a good faith belief that use of the material in the manner claimed is not authorized by the copyright owner, its owner, or the law."
- Knowingly submitting a false or misleading claim of infringement is illegal and you may be held liable and, as a result, liable for damages. Werkey reserves the right to seek damages from any person who submits a notice of alleged infringement that violates the law;
- There are types of content that are not copyrighted. Copyright legislation does not cover short phrases (such as trade names, book titles, and slogans), intangible concepts (such as processes, ideas, and recipes), or facts . Before submitting a copyright claim, please ensure that the content copied into the course is, in fact, copyrighted. If you need to report a trademark infringement, please follow the steps here.
- Consider whether the use of your material in the course is "fair use". Copyright law includes a "fair use" exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers aspects such as criticism, commentary, news and research. When considering whether the use of your material in a course qualifies as fair use, you should consider:
- The purpose of use (whether the course is paid or free, whether the course critiques/parodies/transforms your material);
- The type of copyrighted work being used (whether your work is factual or creative);
- The part being used (whether the course uses necessary small excerpts from its material or significant parts of it);
- The market effect of your material (whether potential buyers would buy the course instead of your material).
Before submitting a copyright claim, please ensure that your use of copied content in the course does not qualify as fair use.
1.2 Counter Notification
If we receive a valid report of copyright infringement, we will send a copy of that report to the instructor who posted the reported course along with a notice, the course has been reported for copyright infringement, and we are removing the course from Werkey's service. If your course has been reported for copyright infringement and removed from Werkey's service, and you believe that we have made a mistake or that you have permission from the reported content owner to use such content in your course, then you may send us a counter-measure. notification.
The best way to provide us with a counter-notification is to send us a message via our email email@example.com so that we can direct you to the designated Werkey representative or member of the copyright team who forwarded the notice to you. To be effective, a counter notification must be in writing and include the following information:
- Your physical or electronic signature;
- Your name, address, email and telephone number;
- The identification of the course that was removed and the location (URL) in which it appeared before it was removed (you can access this information in the copyright infringement report made against your course, we always attach a copy when we send the notification);
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of misunderstanding or misidentification of the material to be removed or disabled; and
- A statement that you consent to Werkey sharing your name and contact information with the complainant; receipt of service of process for any legal action by the claimant or a claimant's guardian and acceptance of Werkey's jurisdiction.
Knowingly sending a false or misleading counter-notification of an allegation of infringement is illegal and you may be liable and, as a result, liable for damages. Werkey reserves the right to seek damages from any party that files a counter-notification of alleged infringement or counter-notification in violation of law.
2. Instructor Complaints of Content Infringement on Other Platforms
We understand that when you publish and make your courses available on the Werkey marketplace , you want to ensure that you will not find courses offered on another platform without your permission.
If you find your course available on another platform without your permission, please send an email to firstname.lastname@example.org with the link to the website and Werkey will report the violation and take legal action so that the content that incurs in violation is removed as soon as possible. Some countries take different approaches to copyright legislation; therefore, we cannot guarantee that the infringing party or hosting site will comply with our notices and remove infringing content from their platform.
3. Complaints of Infringement of Third-Party Trademarks
It is Werkey's policy to remove courses from our service when they are reported to infringe on a third party trademark. We also reserve the right to terminate a content provider's account at any time, including when they post content that infringes on third-party trademark rights.
3.1 How to submit a trademark infringement report:
The fastest and simplest way to submit a trademark infringement report to us is to send an email to email@example.com containing the information identified below. Werkey will send a copy of your message to the party that posted the content you are reporting. Before submitting a trademark infringement report, please keep these important points in mind:
- Your trademark claim must be sufficiently corroborated for us to process it. This means that your communication must substantially include the following:
- Your full contact information (full name, mailing address, email and telephone number);
- The specific word or symbol, among others, in which you claim trademark rights;
- The basis for your trademark rights claim (such as a national or public registration), including registration number, if applicable;
- The country or jurisdiction where you claim trademark rights;
- The category of goods and/or services to which you claim to have rights;
- Sufficient information for us to locate material on Werkey that you believe infringes your trademark rights (web addresses/URLs of the allegedly infringing content);
- A description of how you believe this content infringes your trademark;
- If you are not the rights holder, an explanation of your relationship with the rights holder;
- The following statement: "I have a good faith belief that use of the trademark as described is not authorized by the trademark owner, its parent, or the law.";
- The following statement: "The information in this notice is accurate and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.";
- Your electronic signature ("/s/" followed by your full name, e.g. "/s/ So-and-So") or physical signature.
- Submitting a false or misleading allegation of infringement may incur liability. Werkey reserves the right to seek damages from any party that sends a false or misleading notice of alleged trademark infringement.
- Use of your trademark in the course is considered "regulatory fair use". Trademark legislation protects the use of a name or brand for the sale of goods and services, with the goal of avoiding consumer confusion. The laws of most countries include an exception for "fair use", which allows third parties to use a trademark to make factual reference to the trademark's product or service, or to comment on or criticize the trademark. Consider the likelihood that third parties will be confused into thinking that your company or brand has created or is sponsoring the course. Before submitting a trademark claim, please make sure that the use of your trademark in the course does not qualify as fair use.
4. Designated Responsible Contact Information
Werkey's designated person responsible for notices of reported infringements may be contacted as follows:
Via email: firstname.lastname@example.org
Via correspondence: Av. Cezira Giovanoni Moretti, 655, Sala 11, Reserva Jequitibá, CEP 13.414-157, Piracicaba – SP – Brazil