Take Down/ Copyright Act

 "The Copyright Act, 1957 (the ‘Act’): came into effect from January 1958. The Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and 2012. The Copyright (Amendment) Act, 2012 is the most substantial. The main reasons for amendments to the Copyright Act, 1957 include to bring the Act in conformity with two WIPO internet treaties concluded in 1996 namely, the WIPO Copyright Treaty (“WCT”) and WIPO Performances and Phonograms Treaty (“WPPT”); to protect the Music and Film Industry and address its concerns; to address the concerns of the physically disabled and to protect the interests of the author of any work; Incidental changes; to remove operational facilities; and enforcement of rights. Some of the important amendments to the Copyright Act in 2012 are extension of copyright protection in the digital environment such as penalties for circumvention of technological protection measures and rights management information, and liability of internet service provider and introduction of statutory licenses for cover versions and broadcasting organizations; ensuring right to receive royalties for authors, and music composers, exclusive economic and moral rights to performers, equal membership rights in copyright societies for authors and other right owners and exception of copyrights for physically disabled to access any works."

The Copyright Act, 1957 of India protects databases as literary works. The definition of 'literary works' includes computer programs, tables and compilations including computer databases. The databases and computer programs enjoy similar rights with respect to their infringement under the Act.  This Copyright Protection notice informs a company, web host, search engine, or internet service provider that they are hosting or linking to material that infringes on a copyright. The party that receives the notice should take down the material in question as soon as possible.

The views expressed here are strictly personal and https://www.dailymalayaly.com/ does not hold any responsibility on them. We shall endeavour to upload/publish as many of the comments that are submitted as possible within a reasonable span of time, but we do not guarantee that all comments that are submitted will be uploaded/published. Messages that harass, abuse or threaten other members; have obscene, unlawful, defamatory, libellous, hateful, or otherwise objectionable content; or have spam, commercial or advertising content or links are liable to be removed by the editors. We also reserve the right to edit the comments that do get published. Please do not post any private information unless you want it to be available publicly in https://www.dailymalayaly.com/.

We are committed to safeguard the intellectual property rights of others, and expect our users and business partners to do the same. Any creative material used in the Site is ensured to be lawfully licensed and authorized. However, we cannot fully guarantee at all times that the licensors of any creative materials are fully authorized for such use.

In accordance with the The Copyright Act, 1957 of India, we will respond expeditiously to claims of copyright infringement committed using the Platform that are reported to our designated Copyright Agent, identified in the sample notice below.

If you or anyone of your behalf believe that their intellectual property rights have been infringed upon, please follow our notice and takedown procedure, as follows:

  1. Submission of notice to remove copyrighted content

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number or email address (if any).
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where on the Site the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL of the Site).
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Your electronic or physical signature.

Please submit the afore listed information to our copyright agent at: dailymalayalyinfo@gmail.com; our agent will investigate your notice in a reasonable period of time, including by locating and reaching out to the party who uploaded the content.

  1. Submission of counter notice to restore removed content

If you believe that your material or Content have been removed by mistake or misidentification, please provide us with a written counter-notification containing the following information:

  • Your name, address, and telephone number or email address.
  • A description of the material that was removed and the location on the Site (e.g., the URL) where it previously appeared.
  • 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.
  • A statement that you consent to the jurisdiction of the competent courts in  India for the judicial, or if your address is outside of the India, any judicial district in which we may be found, and that you will accept service of process from the person who filed the original Copyright Protection notice or an agent of that person.
  • Your electronic or physical signature.

Please submit the afore listed information to our copyright agent at: dailymalayalyinfo@gmail.com; our agent will investigate your notice in a reasonable period of time, including by locating and reaching out to the Publisher who upload the content.

Please note that we will send any complete counter-notifications we receive to the person who submitted the original notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original Copyright Protection takedown notice upon request.

In filing your notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your Copyright Protection notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your Copyright Protection notice or counter-notification may not be processed further.

In addition, please make sure that all of the information you provide is accurate. We may disclose any communications concerning Copyright Protection notices or other intellectual property complaints with third parties, including the Publisher or end user who have posted the allegedly infringing material.

For any question please reach out to 📧: dailymalayalyinfo@gmail.com

Deily Malayali Media Publications Private Ltd owns and operates the online news portal www.dailymalayaly.com It is an online Digital news innovation focused on worldwide news.
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