Copyright Policy
Introduction
Dr Martin Oduor-Otieno responds to copyright complaints submitted under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the 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.
Dr Martin Oduor-Otieno will
respond to reports of
alleged copyright
infringement, such as
allegations concerning
the unauthorized sale
and distribution of
copyrighted material,
and allegations
concerning the
unauthorized
use of a copyrighted
video or image uploaded
through our media
hosting services. Note
that not all
unauthorized uses of
copyrighted
materials are
infringements (see our
for more
information
here, here,
and here).
Am I a copyright holder? How do I know?
If you are unsure whether you hold rights to a particular work, please consult a lawyer or another adviser as Dr Martin Oduor-Otieno cannot provide legal advice. There are plenty of resources to learn more about copyright law including http://copyright.gov, and http://www.eff.org/issues/bloggers/legal/liability/IP , to name a few.
What to consider before submitting a copyright complaint
Before submitting a copyright complaint to us, please consider whether or not the use could be considered fair use.
Before
submitting a formal
complaint with Dr Martin Oduor-Otieno,
please be aware that
under 17 U.S.C. §
512(f), you may be
liable for any damages,
including costs and
lawyers’ fees
incurred by us or our
users,
if you knowingly
materially misrepresent
that material or
activity
is infringing. If you
are unsure whether the
material you are
reporting is infringing,
you may wish to contact
a lawyer before
filing a notification
with
us
Note:
If
you’re unsure
whether or not you own
the copyrights to a
work,
or if you’re
infringing upon someone
else’s work,
please
consult a lawyer or
another
advisor.
What information do you need to process a copyright complaint?
To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon)
Identification of the infringing material and information reasonably sufficient to permit Dr Martin Oduor-Otieno to locate the material on our website or services
Your contact information, including your address, telephone number, and an email address
A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law
A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
What information do you need to process a copyright complaint?
To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon)
Identification of the infringing material and information reasonably sufficient to permit Dr Martin Oduor-Otieno to locate the material on our website or services
Your contact information, including your address, telephone number, and an email address
A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law
A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
How do I file a copyright complaint?
You can report alleged copyright infringement by sending an email to copyright@kowcha.com.
How are claims processed?
We process copyright complaints in the order in which they are received. Once you've sent your email, we will email you a confirmation. If you do not receive a confirmation that means we did not receive your complaint and you should re-submit your complaint. However, please note, submitting duplicate copyright complaints will result in a delay in processing.
If we decide
to remove or disable
access to the material,
we will notify the
affected user(s) and
provide them with a full
copy of the
reporter’s
complaint along with
instructions on how to
file a
counter-notice.
What information gets forwarded to the reported user(s)?
If we remove or disable access to the materials reported in a copyright complaint, the reported user(s) will receive a copy of the complaint.
What happens next?
Dr Martin Oduor-Otieno’s response to copyright complaints may include the removal or restriction of access to the allegedly infringing material. Suppose we remove or restrict access to user content in response to a copyright complaint. In that case, Dr Martin Oduor-Otieno will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, including a full copy of the complaint, along with instructions for filing a counter-notice
If
you’ve not yet
received a copy of the
copyright complaint
regarding the content
removed from your
account, please respond
to
the support email we
sent
you.
In
an
effort
to be as transparent as
possible regarding the
removal or
restriction of access to
creator-posted content,
we clearly mark
flagged/taken down
content to indicate to
viewers when content has
been withheld (examples
below).
My content was removed from Dr Martin Oduor-Otieno
Why did I receive a copyright complaint?
If you receive a copyright complaint, it means that access to the content described in the complaint has been restricted. Please take the time to read through our correspondence to you, which includes information on the complaint we received as well as instructions on how to file a counter-notice. Please ensure that you are monitoring the email address associated with your Dr Martin Oduor-Otieno account.
Tip:
Removing
the material reported in
a copyright complaint
will also resolve
that
complaint.
What if I want to contest the takedown?
If you
believe that the
materials reported in
the copyright complaints
were
misidentified or removed
in error, you may send
us a counter-notification(s) by
replying to the notice
received. A
counter-notice is a
request for
Dr Martin Oduor-Otieno to reinstate the
removed
material.
Tip:
Removing
the material reported in
a copyright complaint
will also resolve
that
complaint.
When should I file a counter-notice?
A counter-notice is a request for Dr Martin Oduor-Otieno to reinstate the removed material and is the start of a legal process that has legal consequences. For example, submitting a counter-notice indicates that you consent to the jurisdiction of a U.S. Federal court and that you consent to the disclosure of your personal information to the reporter.
With these
considerations in mind,
you may file a
counter-notice if you
believe
that this material was
misidentified, or you
have a good faith
belief that the material
should not have been
removed. If
you’re unsure
whether or not you
should file a
counter-notice,
you may want to consult
with a lawyer.
Tip:
Re-posting material
removed in response to a
copyright complaint may
result in permanent
account suspension. If
you believe the content
was removed in error,
please file a
counter-notice rather
than
re-posting the
material.
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)
Your full name, address (including country), telephone number, and for verification purposes, your Dr Martin Oduor-Otieno username and associated email
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before that removal or disabling (the description from the copyright 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 and
One of the following jurisdictional consent statements:
(If your
address is in the United
States)
“I
consent to the
jurisdiction of the
Federal District Court
for the
judicial district in
which my address is
located and I’ll
accept service of
process from the person
who provided notice
under
17 U.S.C. 512 (c)(1)(C)
or an agent of such
person.”
OR
(If
your
address is outside of
the United
States)
"I
consent to any judicial
district in which Dr Martin Oduor-Otieno
may be found, and
I’ll accept
service of process from
the person who provided
notice under 17 U.S.C.
512 (c)(1)(C) or an
agent of such
person."
To submit a
counter-notice, please
provide all of the above
information by
sending an email
to support@kowcha.comm
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. This
means that the contact
information that is
submitted in your
counter-notice will be
shared
with the person who
filed the original
notice.
If
the
copyright owner
disagrees that the
content was removed in
error or
misidentification, they
may pursue legal action
against you. 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.
We cannot offer any legal advice. Should you have questions, please consult a lawyer.
Filing a copyright complaint 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.
What happens if my account receives one or more copyright complaints?
If multiple copyright complaints are received about an account, or other evidence suggests a pattern of repeat infringement, Dr Martin Oduor-Otieno may block that account in accordance with our Repeat Infringer Policy. Our Repeat Infringer Policy takes valid retractions and counter-notices into account. Additionally, re-posting material that was already removed in response to a copyright complaint, indicating where to access copyrighted material on third party websites or services, or certain other actions that demonstrate your account is intended solely or primarily to infringe the copyrighted material of others may result in permanent account closure.
Counterfeit Goods Policy
Dr Martin Oduor-Otieno prohibits the sale of or promoting the sale of counterfeit goods on her platform.
What are counterfeit goods?
Counterfeit goods are goods, including digital goods, that are promoted, sold, or otherwise distributed using a trademark or brand that is identical to, or substantially indistinguishable from, the registered trademark or brand of another, without authorization from the trademark or brand owner. Counterfeit goods attempt to deceive consumers into believing the counterfeit is a genuine product of the brand owner, or to represent themselves as faux, replicas or imitations of the genuine product.
How is this policy different from Dr Martin Oduor-Otieno’s trademark policy?
Dr Martin Oduor-Otieno’s trademark policy applies to uses of trademarks that may mislead or confuse others about one’s brand affiliation, other than sale or promotion of counterfeit goods. Dr Martin Oduor-Otieno’s counterfeit policy applies to the sale or promotion of counterfeit goods.
What is a violation of Dr Martin Oduor-Otieno’s counterfeit policy?
Selling or promoting counterfeit goods on the platform is a violation of Dr Martin Oduor-Otieno’s counterfeit policy. Dr Martin Oduor-Otieno’s counterfeit policy prohibits but is not limited to:
Non-genuine products that attempt to pass themselves off as genuine products of the trademark or brand owner.
Products described as faux, replicas, or imitations, etc., using a trademark or brand name, without authorization of the trademark or brand owner.
The offer, promotion, sale, or facilitation of unauthorized access to content, including digital goods.
How does Dr Martin Oduor-Otieno respond to counterfeit reports?
We review each report and do the following:
If we determine that there is a violation of our counterfeit policy, we may deactivate the account or disable access to the material.
What is not a counterfeit policy violation?
Content which provides news, information, or commentary about goods or services is not a violation of this counterfeit goods policy.
Promotion or sale, including resale, of genuine branded goods, may not be a violation.
The use of trademarked materials in a misleading way that does not involve the sale or promotion of counterfeit goods would not be a violation of this counterfeit policy, but may be a violation of our trademark policy.
How do I report a counterfeit policy violation?
If you are concerned about an account violating Dr Martin Oduor-Otieno’s counterfeit policy, please send us an email on support@kowcha.com
What happens if you violate this policy?
If we
determine that you
violated our counterfeit
policy, we may
deactivate your
account.
Trademark Policy
Overview
You may not violate others’ intellectual property rights, including copyright and trademark.
What is in violation of this policy?
is in violation of this policy?Using another’s trademark in a way that may mislead or confuse people about your affiliation may be a violation of our trademark policy.
What is not a violation of this policy?
is not a violation of this policy?Referencing another’s trademark is not automatically a violation of Dr Martin Oduor-Otieno’s trademark policy. Examples of non-violations include:
Using a trademark in a way that is outside the scope of the trademark registration e.g., in a different territory, or a different class of goods or services than that identified in the registration and,
Using a trademark in a nominative or other fair use manner.
Who can report violations of this policy?
can report violations of this policy?Dr Martin Oduor-Otieno only investigates requests that are submitted by the trademark holder or their authorized representative e.g., a legal representative or other representative for a brand.
How can I report violations of this policy?
can I report violations of this policy?You can
submit a trademark
report by sending an
email to
support@kowcha.com
Note:
We may
provide the account
holder with your name
and other information
included in the copy of
the report.
What happens if you violate this policy?
happens if you violate this policy?If we determine that you violated our trademark policy, we may deactivate your account. Depending on the type of violation, we may give you an opportunity to comply with our policies. In other instances, an account may be permanently deactivated upon first review.
