Intellectual Property Policy
This Intellectual Property Policy was last updated on April 15, 2019.
101 Learn Online is a technology platform that enables Content Providers to share educational courses for students to be taught and inspired. Under our Content Provider Agreement, we require our Content Providers to follow the law and respect the intellectual property rights of others. Content Providers ensure that they have the necessary authorization or rights to use all the content contained in their courses.
Infringing activity is not tolerated on or through our platform.
This policy addresses what we do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to the courses on the 101 Learn Online platform. The policy also addresses what we do when 101 Learn Online Content Providers courses are copied on third-party platforms without their consent.
- 101 Learn Online Copyright
- Third-Party Copyright Infringement Reports
- How to File a Report
- Third-Party Trademark Infringement Reports
- How to Submit a Trademark Infringement Report
- Designated Agent Contact Information
101 Learn Online Copyright
Content on 101 Learn Online is protected under copyright law and can in no way be copied, shared, used, reproduced in any way whatsoever. The Content is solely for use on the 101 Learn Online platform under the conditions provided in the Terms and Conditions policy which require mandatory agreement prior to the use of any service on the 101. 101 Learn Online reserves the right to legal action in any case where there has been a violation or infringement of the above mentioned conditions.
Third-Party Copyright Infringement Reports
101 Learn Online’s policy is to remove courses from our service when they are reported as infringing in a copyright infringement notice received from the owner of the original content. We reserve the right to terminate a Content Provider’s account at any time, including when they post content in violation of the copyrights of others.
How to File a Report
If you would like to report a course on the 101 Learn Online marketplace and if you are the owner or the designated agent of the owner of the rights to the content that you believe the course is infringing, the most efficient way is to use this form (form in English only).
Before you submit a copyright infringement report, please remember these important things:
- We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization).
- Your copyright claim has to be sufficiently substantiated for us be able to address it. This means:
- You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.
- If you are filing a report on behalf of an organization, you include the name of the organization and your relationship to the organization.
- You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you 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 reportedly infringing course(s) on the 101 Learn Online site (the URL on our website and the exact name of the course and Content Provider;
- You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner’s behalf and I have 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”.
- Knowingly submitting a false or misleading claim of infringement is illegal and you could be held liable and have to pay damages as a result. 101 Learn Online reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.
- There are types of content that are not protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the content copied in the course is indeed protected by copyright.
- 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 things like criticism, commentary, news reporting, and research. In considering whether a course’s use of your material qualifies as fair use, you should look at:
- The purpose of the use (whether the course is paid or unpaid, whether the course critiques/parodies/transforms your material)
- The type of copyrighted work being used (whether your work is factual or creative)
- The portion being used (whether the course uses small, necessary excerpts of your material or substantial portions of it)
- The effect on the market for your material (whether potential buyers would purchase the course instead of your material)
Before you submit a copyright claim, make sure that use of the content copied in the course does not qualify as fair use.
If we receive a valid copyright violation report, we will send a copy of that report to the Content Provider who posted the reported course along with a notification that 1) the course was reported for copyright infringement and 2) we are removing the course from the 101 Learn Online service. We will also attach a form that the Content Provider can fill in and send back to us to submit a counter-notification. If a course has been reported for copyright infringement and removed from the 101 Learn Online service, and the Content Provider believes disputes this claim, the Content Provider may send us a counter-notification.
Third-Party Trademark Infringement Reports
101 Learn Online’s policy is to remove courses from our service when they are reported as infringing a third-party trademark. We also reserve the right to terminate a Content Provider’s account at any time, including when they post content in violation of the trademark rights of others.
How to Submit a Trademark Infringement Report
The fastest and easiest way to submit a report of trademark infringement to us is to send a notice to the Designated Agent containing the information identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Before you submit a trademark infringement report, please remember these important things:
- Your trademark claim has to be sufficiently substantiated for us be able to address it. This means your communication must include substantially the following:
- Your complete contact information (full name, mailing address, and email or phone number).
- The specific word, symbol, etc. for which you claim trademark rights.
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
- The country or jurisdiction in which you claim trademark rights.
- The category of goods and/or services for which you assert rights.
- Sufficient information for us to locate the material on 101 Learn Online that you believe violates 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 to the rights holder.
- The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, 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/ Jane Doe”) or physical signature.
- Submitting a false or misleading claim of infringement could result in liability for you. 101 Learn Online reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.
- Consider whether the use of your trademark in the course is “nominative fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the course. Before you submit a trademark claim, make sure that use of your trademark in the course does not qualify as fair use.
Designated Agent Contact Information
101 Learn Online’s Designated Agent for notices of reported infringement can be contacted in the following manner:
- By filling the copyright report form(for copyright infringement reports only)
- Via Email: firstname.lastname@example.org