Faq

We all store and share every moment of our lives on many digital servers such as Facebook, Google, Amazon etc. All these servers retain and retrieve our data as when we want to have access. These servers use a technology called "Cloud." iPDAV.com enables you to create your own personalized cloud to save and access all your data online.

Yes, there are many discussion forums available online which have people associated with our iPDAV.com cloud and are able to clarify your doubts. If you want any other information apart from those discussions you can contact us through our iPDAV.com contributions page.

It might amaze you to know that certain government agencies monitor all online communications. Additionally, Non-Government (NGOs) and individuals who are "Up to no-good," may gain access to someone's online data.

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, movies, to computer programs, databases, advertisements, maps, photographs, Blogs, Websites, Video Games, Animation works and technical drawings.

The following list of works is exhaustive, but is widely recognized as protected by copyright throughout the world;

• Literary Works

Fiction, Non-Fiction, Poetry, Articles, Periodicals

• Digital Content

Computer Programs, Databases, Blogs, Websites

• Performing Arts

Music, Lyrics, Sound Recordings, Scripts, Stage Plays

• Visual Arts

Artwork, Illustrations, Jewelry, Fabric, Architecture

• Motion Pictures

Movies, TV Shows, Video Games, Animation, Videos

• Photographs

News photos, Selfies, Wedding Photos, Family Photos

Note: Copyright protection applies only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such. Copyright may or may not be available for a number of objects such as titles, slogans, or logos, depending on whether they contain sufficient authorship.

There are two types of rights under copyright:

• Economic rights, which allow the Author or Rights owner to receive financial reward from the use of his/her works by others; and

, which protect the non-economic interests of the author.

Most copyright laws state that the Rights owner has the economic right to authorize or prevent certain uses in relation to a work or, in some cases, to receive remuneration for the use of his/her work (such as through (collective management). The economic Rights owner of a work can prohibit or authorize:

• Its reproduction in various forms, such as printed publication or sound recording;
• Its public performance, such as in a play or musical work;
• Its recording, for example, in the form of compact discs or DVDs;
• Its broadcasting, by radio, cable or satellite;
• Its translation into other languages; and
• Its adaptation, such as a novel into a film screenplay.

Examples of widely recognized moral rights include the right to claim authorship of a work and the right to oppose modification to a work that could cause harm the creator's reputation.

In most countries, and according to the Berne Convention, copyright protection is obtained automatically without the need for registration or other formalities.

Most countries nonetheless have a system in place to allow for the voluntary registration of works. Such voluntary registration systems can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales, and the assignment and/or transfer of rights.

The term “work” is used in the copyright context to refer to a wide range of intellectual creations, from novels to architecture, computer programs, and more. For a more detailed list of works that can be protected by copyright, refer above to "What may be protected using copyright?" or contact us for further assistance.

Some countries have had enduring legislation in place that required the copyright holder to comply with certain formalities in order to receive copyright protection. One of those formalities was to include an indication that copyright had been claimed, such as by using the symbol ©. However, only a handful of countries, still impose formalities on copyright, therefore the use of such symbols © is no longer a legal requirement. Nonetheless, many Right owners and Authors include the symbol © as a highly visible way to underscore that, that work is protected by copyright and that all rights are reserved, as opposed to a less restrictive license.

Economic rights have a time limit, which can vary from country to country law. In countries that are signatories to the Berne Convention, the time limit is equal to or longer than 50 years after the creator’s death. In the United States, copyright protection is 70 years after the creator's death.

Protecting your creation

It's Assumed that, copyright protection is automatic in all countries that are signatory to the Berne Convention (refer to the question "Can I register copyright?". Whilst there may be differences from country to country, in general there is a high degree of harmony. Further information, consult national laws and treaties on copyrights protection..

In countries that are not party to the Berne Convention, you reminded that copyright laws are territorial. In other words, they apply within the country in which they were passed. As such, if you wish to protect your work internationally, i.e., in the United States, contact us so we can assist you, to make sure that you comply with US copyright protection legal requirements and in other the country(ies) in which you wish your work to be protected.

As the Right owner or Author of a work, you can authorization others to use or exploit your work. Such authorization is referred to as “licenses” and may or may not entail paying the Rights owner or Author. It's recommended to seek legal advice before negotiating a licensing agreement.

If you wish to license your work to users such as broadcasters, publishers, or even entertainment establishments (i.e. bars, nightclubs), contact us for further assistance. We monitor uses of works on behalf of creators and publishers and negotiate licenses and collection of loyalties. We focus on musical and literary works which we believe to have large pools of users of the same work. We take the burden off your chest, because we believe that it would be difficult for the Rights owner or Author and the users to reach timely agreements for every single use copyrighted works.

Computer programs and other types of software are considered as literary works for copyright purposes. Therefore they receive automatic protection without the need for registration. In some countries, the process of Voluntary registration for software may differ from that for other types of work.

Currently there is no searchable international registry of copyright-protected works. This is because, as a general rule, copyright protection is automatic and does not depend on registration. However, iPDAV.com is leading the way by offering a global online vault which can be accessible my Rights owners, Authors and other interested parties i.e., "Licensed or Rights holders." This is necessary because in some countries, you may encounter a voluntary copyright registry/depositary so registering your work can be a smart idea because it would protect your Rights in the case of a dispute, for example over the ownership of the work.

Although it may not affect copyright protection, some countries do require a deposit of samples of printed materials published in that country. This is where iPDAV.com acts as your online depository and reference. Contact iPDAV.com for more information.

Before taking any action, ascertain that the reproduction is in fact an infringement of your copyright (refer to the Question limitations and exception to copyright). If you establish beyond reasonable doubt that there is an infringement of your Right, identify the person responsible. If you are unable to resolve the infringement through by informal means, you may seek a legal remedy from a court or contact iPDAV.com further assistance.

Note: It's possible and less expensive to file a claim before a civil court for monetary compensation and also to prevent the continuation or repetition of the infringement. Before taking this step though it is often advisable and even compulsory in some states to first send a formal notification to the alleged infringer, requesting him to stop the infringement and/or to pay compensation.

Additionally, if the unauthorized reproduction amounts to the criminal offence of copyright piracy, a complaint may be submitted to the police, public prosecutor or other competent authority in accordance with applicable local law.

In instances, the use of alternative dispute resolution mechanisms (such as mediation, arbitration, expert determination, neutral evaluation, etc.) can provide a valuable alternative to court procedures, as they may lead to a settlement of the dispute in a simpler, faster and cheaper way.

If the unauthorized reproduction of the work is being made available through the internet, it may be possible to notify the relevant internet service provider, asking it to prevent access to the infringing copy. Such procedures are generally known as “Notice-and-Take-Down (procedures)”.

If you are a member of a Collective Management Organization (CMO), it will often be enough to request it to take the appropriate steps. If you are not, it is up to you to act in order to protect your rights. It is often advisable, in such a case, to instruct a lawyer to do so on your behalf.

iPDAV acts a Collective management organizations (CMOs). We monitor use and abuse of works on behalf of creators, handle license negotiations and collection of loyalties on before of our clients. We monitor musical and literary works which have a large pool of users of the same work. We make it seamless for both for the owner of Rights and the users to seek specific authorization for every single use and to monitor copyright works.

The World Intellectual Property Organization (WIPO) an agency of the United Nations provides easy access to intellectual property legislation from a wide range of countries and regions as well as to treaties on intellectual property. http://www.wipo.int

Many national or regional intellectual property offices also provide information concerning national or regional legislation on their websites. View a list of links to national and regional intellectual property offices to learn more.

The owner of copyright to a work is generally the original creator or author of the work. There are, however, some exceptions to this rule. In some countries, for example, the economic rights to a copyright work initially rest with the person/organization employing the creator. In other countries the economic rights are deemed to be automatically assigned or transferred to the employer.

As a "rule of thumb," always assume that you need authorization (this may take the form of licensing or an assignment of rights) before using a protected work. For certain uses, the authorization may come from a collective management organization instead of directly from the right owner, for example the authorization to use a song at a public concert.

However, you may be allowed to use a protected work without any kind of authorization, under two sets of circumstances:

• Limitations and exceptions may exist at the national level, allowing you to use the work.
• Works can also sometimes be made publicly available under specific conditions or licenses that allow certain uses. When using such works, attention must be paid to the specific conditions of the licenses in order to identify exactly what is and isn’t permitted by the right owner. There are several such licenses in common usage, e.g. the Creative Commons license, MIT License, the Mozilla Public License, and many others. When in doubt, speak to an intellectual property attorney.

iPDAV understands that locating the rights owner of a work can sometimes be painstaking. We have made it easy for anyone to find and contact a copyright Author/Owner. Simply create an account and enjoy a new world of possibilities.

In some cases it may be possible to use works that are not in the public domain without needing to request authorization from or remunerate the author or the right owner. This can occur if such uses are covered by limitations and exceptions in the national legislation. Examples of limitations and exceptions include:

• The quotation of works;
• The use of news of the day; or
• The creation of accessible formats for print disabled people.

Fair use refers to copying of copyrighted material for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.

When a work is said to be in the public domain (also referred to as “commons”) what is meant is that the work no longer has a right owner (of the economic rights). This is usually because the term of copyright protection has expired. For example, the economic rights over the famous poem Odyssey, written by Homer, have lapsed and the work can be used or exploited without the need to obtain authorization or remunerate the right owner. In some countries, authors can also voluntarily include their works in the public domain through a procedure known as “voluntary relinquishment”. Find out more about "Works in the Public Domain.

Generally, there is misguided perception that works published on the Internet, including on social media platforms, are in the public domain and may therefore be widely used by anybody without the authorization of the right owner. Any works protected by copyright or related rights – ranging from musical compositions, to multimedia products, newspaper articles, and audiovisual productions – for which the time of protection has not expired, are protected regardless of whether they are published on paper or digitally. When in doubt, seek the authorization from the Right owner or Author prior to use.

Some websites contain a general license that may exempt you from requiring a direct authorization for certain uses. Such licenses may authorize only certain uses, for example some non-commercial uses. In practice, with regards to a text publicly available on a blog or a website for example, you may not use the text unless:

• Such intended use is covered by the general license granted through that website;
• The use is covered by a copyright limitation or exception; or
• You have obtained authorization for such use.

Similarly, authorization is required if your Small Medium Enterprise (SME) is engaged in publishing or making available copyright works, sound recordings, broadcasts or performances through your website.

“Neighboring Rights,” sometimes called “related rights,” is a term in copyright law used to describe the rights of performers and master recording owners (record labels). Neighboring rights refer to the right to publicly perform, or broadcast, a sound recording. The owners of the sound recording get to collect royalties for these broadcasts.

They are called neighboring rights because they are said to be “related to” performance rights in the field of music publishing, or the right to publicly perform a musical composition.

The concept of neighboring rights is similar to that of performance rights in the field of music publishing, because both kinds of royalties are earned through public performances/broadcasts of music. Except that performance rights refer to the right to publicly perform the musical composition. Neighboring rights refer to the right to publicly perform the sound recording.

All Works archived on iPDAV are copyrighted, unless explicitly stated otherwise. If you need to use or replicate works on our portal, contact us for authorization prior to use of the works.