Intellectual Property Policy
Last Updated: Jan. 7, 2022
Copyright Takedown Notices
MakersBud is a technology platform that allows anyone, anywhere in the world, to create and share physical content listing and digital content. We host thousands of user generated content in our platform. In our platform model, we do not review or edit content for legal reasons, and we are not in a position to decide whether content is legitimate. However, MakersBud respects the intellectual property of others and asks that users and providers of our Site and Services do the same. When posting content on MakersBud, providers make a statement that they are authorized or have the right to use that content. In the event that content is not authorized or is not in a position to be used, we will never tolerate any violation of such rights on or through our platform and will remove such content.
Submitting a Copyright Removal Notice
If you want to report an infringement about content on the MakersBud platform and you are the owner or authorized representative of the content rights that you believe the content is infringing, you can use this copyright infringement form (the form is available in English only) as the most effective way of reporting. You may also send notices of alleged copyright infringement to our authorized copyright agent identified below.
Before filing a copyright takedown notice, it's helpful to remember some important things:
- We are unable to process a copyright infringement claim that has not been filed by the copyright owner or its authorized representative. Because, it is not possible for us to know whether the provider who posted the content that was reported as infringing received the necessary permission from the content owner to use this content. Therefore, we will ask you to submit an electronic signature to confirm that you are the copyright holder or authorized to represent the copyright holder (including where the copyright holder is an organisation). If you are not the owner of the content you are reporting, you can contact the content owner and forward it to MakersBud's copyright complaint form.
- It is illegal by law to knowingly make a false or misleading copyright takedown notice, and you may be held liable and have to pay compensation as a result. MakersBud reserves the right to seek compensation from anyone who unlawfully claims infringement.
- Determine if the use of your material in the content is "fair use". Copyright law includes a "fair use" exception that some form of copyrighted content may be used in the public interest. Before filing a copyright claim, make sure your use of copied content is not fair use. Fair use includes things like criticism, comment, news sharing, and research. When deciding whether the use of your material falls within fair use, you should consider:
- Purpose of use (such as whether the content is paid or free, the content criticizes, imitates or transforms your material)
- The type of copyrighted work used (whether your work is factual or creative)
- The portion used (whether the content uses small and necessary portions or most of your material)
- The impact of this use on the market for your material (the likelihood that potential customers will buy that content instead of your material)
- There are some types of content that are not protected by copyright.Copyright law does not cover short phrases (such as company names, book titles, and slogans), abstract concepts (such as processes, ideas, and formulas) or information. Before making a copyright claim, make sure that the content is indeed protected by copyright laws. If you wish to report a trademark infringement, please follow the steps outlined in the Submitting a Trademark Removal Notice section below.
- Your claim must be adequately supported before we can process your copyright infringement claim. In other words:
- 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’re filing a notice 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 content on the MakersBud platform (the URL on our website and the exact name of the course and instructor); and
- 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”.
Counter-Notification
If we receive a valid copyright takedown notice, we’ll send a copy of that notice to the instructor who posted the reported content along with a notification that: (1) the content was reported for copyright infringement and (2) we’re removing the content from the MakersBud platform. We’ll also attach a form that the instructor can fill in and send back to us to submit a counter-notification. If your content has been reported for copyright infringement and removed from the MakersBud platform, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content, then you may send us a counter-notification.
Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and have to pay damages as a result. MakersBud reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter-notification in violation of the law.
The best way to provide us with a counter-notification is to fill in the form we provided you and send it back to the MakersBud designated agent or the copyright team member who notified you. To be effective, a counter-notification must be in writing and include the following information:
- Your physical or electronic signature;
- Your name, address, and email address or telephone number;
- Identification of the content that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright takedown notice filed against your content; we always attach a copy when we notify you);
- 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
- A statement that you consent to: (i) MakersBud sharing your name and contact information with the claimant; (ii) receiving service of process for any legal action by the claimant or an agent of the claimant; and (ii) accepting the jurisdiction of the federal district court for the judicial district in which you reside (if in the U.S.), or if you reside outside of the U.S., the jurisdiction of the United States District Court for the Northern District of California (headquarters of MakersBud).