Unless explicitly stated otherwise, all material published on AnimePedia.com is owned by and copyrighted AnimePedia. Some or all of the content that is published in this website may come under the purview of Information Technology Act 2000 and Design Act 2000 whereever the jurisdiction of the Government of India may be applicable.
Third Party content, hyperlinks, back-links, third party images, product
descriptions, information and product names are the legal property
(copyright and/or trademark) of their respective owner(s) where said
companies' or individuals' rights apply in their respective countries and
under their own respective areas of jurisdiction.
REPRODUCTION PERMISSIONS:
Under the fair use clause of the Berne Convention,
which is reproduced in the copyright laws of all signatory countries,
including the United States, Canada and Japan1, information can be reproduced for the dissemination of News with the
following guidelines:
1. The material must be properly attributed to the original source. The Berne
convention was created before people started to use the Internet to
disseminate news and makes no mention of links, however recent court cases
and new laws passed in some countries makes linking to the source a
requirement.
2. The material must be re-written in the words of those that wish to
re-disseminate it. Cutting and Pasting an entire article is illegal.
However, quoting an excerpt of an article is permitted.
3. (Not in the Berne convention) Furthermore, it is suggested that any given
publication or website cannot use the fair use clause to rely entirely on
another publication for all of its news. If you are going to repost news
items from AnimePedia or any other source, no given
source should be responsible for the majority of your news and you should
have at least some original news content of your own.
In short:
1) Link to the source,2) use your own words3) use Multiple Sources4) Have some original content in addition.
Provided the above 4 guidelines are met, you do not need to ask our
permission to repost items from our website if your purpose is to provide
news to your audience. Despite not needing to ask our permission, we do
appreciate a friendly note to inform us that you are using our news. Under
no circumstances will AnimePedia pressure a website or
publication to remove our content if the above circumstances are met.
By the way, if any other website or publication tries to tell you that you can't use their news under any circumstances, they are ill-informed. Provided you meet the fair-use guidelines, you can use news from any source, regardless of whether or not you have their permission.
Reviews
Manufacturers, distributors and retailers can quote short excerpts from our
reviews in publicity material and on the product itself provided that the
quote is attributed to "www.animepedia.in". We reserve the
right to reproduce the publicity material as a part of our own publicity
materials. This includes single page reproduction from publications, home
video box covers and screenshots.
While our permission is not required, a back-link is greatly appreciated.
Logo
The AnimePedia logo may be used on websites for the
purpose of linking to
www.animepedia.in
and in various mediums when accompanying articles about AnimePedia provided that the logo is altered in no substantial way
(aspect ratio, coloring, additions) from its original presentation,
with the exception of resizing
(while maintaining the aspect ratio) it as needed. The logo may not
be used in any way that identifies, or implies that the site, publication,
broadcast, or product it is used on/in/with is associated to AnimePedia in any way. In all cases, logo remains the intellectual property
of AnimePedia and is protected by applicable laws.
Other Material and Situations
If you would like to reproduce any material from AnimePedia in a way
that is not covered under the above guidelines you must contact us and
obtain our explicit consent first.
Images in the release database and reviews belong to the copyright owners
of the respective title.
Please note that some of the content posted on AnimePedia may not belong entirely to AnimePedia and has been posted with the (co)owner's permission. In these cases, we may not be able to give permission to use the content.
REFERENCE
1: Articles 10 and 10bis of the Berne Convention, as revised, 1971
Article 10 (Fair Use)
(1) It shall be permissible to make quotations from a work which has
already been lawfully made available to the public, provided that their
making is compatible with fair practice, and their extent does not exceed
that justified by the purpose, including quotations from newspaper articles
and periodicals in the form of press summaries.
(2) It shall be a matter for legislation in the countries of the Union, and
for special agreements existing or to be concluded between them, to permit
the utilization, to the extent justified by the purpose, of literary or
artistic works by way of illustration in publications, broadcasts or sound
or visual recordings for teaching, provided such utilization is compatible
with fair practice.
(3) Where use is made of works in accordance with the preceding paragraphs
of this Article, mention shall be made of the source, and of the name of the
author, if it appears thereon.
Article 10 bis (News Coverage)
(1) It shall be a matter for legislation in the countries of the Union to
permit the reproduction by the press, the broadcasting or the communication
to the public by wire, of articles published in newspapers or periodicals on
current economic, political or religious topics, and of broadcast works of
the same character, in cases in which the reproduction, broadcasting or such
communication thereof is not expressly reserved. Nevertheless, the source
must always be clearly indicated; the legal consequences of a breach of this
obligation shall be determined by the legislation of the country where
protection is claimed.
(2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which, for the purpose of reporting current events by means of photography, cinematography, broadcasting or communication to the public by wire, literary or artistic works seen or heard in the course of the event may, to the extent justified by the informatory purpose, be reproduced and made available to the public.
2: US Legal Code Title 17, Chapter 1, Sec 106:
Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purposes
such as criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is not an infringement
of copyright. In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall include
-
(1) the purpose and character of the use, including whether such use is of
a commercial nature or is for non-profit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
3) Canadian Copyright Law, Part III, Article 29.2
29.2 Fair dealing for the purpose of news reporting does not infringe
copyright if the following are mentioned:
(a) the source; and
(b) if given in the source, the name of the
(i) author, in the case of a work, (ii) performer, in the case of a performer's performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal.1997, c. 24, s. 18.
4) Copyright Law of Japan, Chapter 2
Article 32: Quotations
(1) It shall be permissible to make quotations from a work already made
public, provided that their making is compatible with fair practice and
their extent does not exceed that justified by purposes such as news
reporting, criticism or research.
(2) It shall also be permissible for the press or other periodicals to
reproduce informatory, investigatory or statistical data, reports and other
works of similar character which have been prepared by organs of the State
or local public entities, independent administrative organs or local
independent administrative organs for the purpose of public information and
which have been made public under their authorship, provided that the
reproduction thereof is not expressly prohibited.
Article 39: Reproduction, etc. of articles on current topics
(1) It shall be permissible to reproduce in the press, to broadcast and diffuse
by wire articles published in newspapers or periodicals on current
political, economic or social topics, not having a scientific character, or
to make the interactive transmission (including the making transmittable by
means of inputting information to an interactive transmission server already
connected with telecommunication networks for public use) of such articles
simultaneously upon receiving such broadcasts, exclusively for the purpose
of reception within service areas intended for by such broadcasting;
provided that such reproduction, broadcasting, wire diffusion or making the
interactive transmission thereof is not expressly prohibited.
(2) It shall also be permissible to communicate publicly, by means of a
receiving apparatus, articles thus broadcast, diffused by wire or of which
the interactive transmission has been made.
Article 41: Reporting of current event
Article 41. For the purpose of reporting current events by means of photography, cinematography, broadcasting or otherwise, it shall be permissible to reproduce and exploit a work involved in the event or a work seen or heard in the course of the event, to the extent justified by the informatory purpose.
FAIR USE WARNING
Fair use is not "safe-harbor," but rather a legal defense. By using someone's copyrighted material in your news, review, etc... you are still infringing on their copyright and they have the right to take legal action. Should the argument arrive in court, proper adherence to the fair-use guidelines of your country would result in the case being determined in your favor provided there are no other factors that would change the judgment.
1: Although a signatory of the Berne Convention, Japan has not fully implemented the fair use clauses recommended by the Berne Convention.
DISCLAIMER
The information presented above is presented for informational purposes
only and should not be construed as legal advice.
Although the information has been carefully checked and researched for
accuracy, AnimePedia does not assume any liability or responsibility for
the accuracy or usefulness of the information presented above.
Always consult a lawyer or legal expert before taking or responding to legal
action.
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