Copyright and Trademark Policy

Copyright and Trademark Policy

Fanalyst Academy is a learning platform that allows individuals from any place in the world to share educational courses. We are open to hosting many courses on our learning marketplace and our marketplace model means we neither review/edit nor determine the legality of courses posted, submitted or shared on our platform. However, we uphold that instructors must not infringe on the intellectual property rights of others.

As an instructor with Fanalyst Academy, you agree not to infringe on the intellectual rights of others and that as you post any course, you are making a promise that you have the necessary authorisation or rights to use all the content in the course.

For clarity, infringing activity is strongly prohibited on our platform.

This policy addresses actions we take in the event of copyright infringement reports from content owners and trademark owners with respect to the courses on the Fanalyst Academy online platform. Also, it addresses actions we take when a third-party infringes on the courses of our instructors.

Infringement Report by Third-Party

Fanalyst Academy will remove courses from its online platform when they have been reported as infringing by the owner of the original content. In the event where an instructor receives more than two copyright infringement notices, all their courses will be removed from the platform. Fanalyst Academy has the right to terminate the account of an instructor at any point especially when they post content that violates the copyright of others.

Filing an Infringement Report

If you are the owner or designated agent of the owner of a copyrighted content you believe a course on our platform is infringing and want to file a report, here are things to consider:

  1. We will not process a copyright claim that is not filed by the owner of the original work or their designated agent. This is because we have to ascertain whether our instructor received proper permission from the owner of the content. We will request for a signature to affirm your right to the content or authority to represent the owner of the content.
  2. You have to adequately substantiate your claim for us to be able to address it;
  1. By providing sufficient contact information, including your full legal name, an email address, physical address, and (optional) telephone number.
  2. In the case of representing an organisation, you provide the name of the organisation and your role or relationship to the organisation.
  3. Specifically identify the original content or contents by providing an annotated representative list including the URL where the material can be found on our website and other website from which it was allegedly copied. Include the name of the course and the instructor in question.
  4. You include a statement declaring that the information in the complaint is accurate, and under penalty of perjury, you are the authorised owner or authorised representative of the copyright owner and that you believe in good faith that the material was not used by the authority of the copyright owner.
  5. Deliberately filing a false claim of infringement is illegal and you may be penalised for damages. Fanalyst Academy reserves  the right to seek damages from anyone who filed a falsified infringement claim in violation of applicable laws
  1. Certain contents such as short phrases (like slogan), intangible concepts (ideas) or facts are not covered by copyright law. So, before you file a copyright claim, ensure that the content copied in the course is covered by copyright law.
  2. Determine whether the use of your content is “fair use”. Fair use allows for an exception for certain uses of copyrighted materials especially when considered to be in public interest. Fair use covers things like criticism, commentary, news reporting, and research. In determining if the use of your material is fair use, consider the following:
  1. The purpose of using your content (determine if it commercialised or not, whether  it critiques, parodies or transforms your material)
  2. The category of your content, whether it is factual or creative.
  3. Whether the course uses a small portion as necessary excerpts or substantial portions of it
  4. How it affects the marketability of your material, whether potential buyers would prefer to purchase the course instead of your material.

Hence, before filing a copyright claim, make sure that the use of your content in the course does not qualify as fair use.

Counter-Notification

Upon receiving a valid copyright violation report, we will forward a copy of the report to the instructor in question, notifying him that;

  1. the course was reported as copied in violation of copyright laws
  2. we are removing the course from Fanalyst Academy online platform.

A form will be attached of which the instructor can fill and send back to us as a counter notification. You may send us a counter-notification if you believe that the removal of your course from our platform for alleged infringement is a mistake or that you sought and obtained the permission of the owner of the reported content to use the content in your course.

The proper way to issue a counter-notification is by filling in the form we provided to you and sending it back to us through the designated agent or the copyright team member that notified you. Your counter-notification must include the following:

  1. Your physical or electronic signature;
  2. Your name, address, and email address or telephone number,
  3. Identification of the course that was removed and the URL by which your course was posted on our platform before it was removed. Note that you can access this information from the copyright infringement report filed against your course since we always attach a copy when notifying an instructor;
  4. A declaration under penalty of perjury that you believe in good faith that the material was removed as a result of mistake or misidentification of the material to be removed; and
  5. A statement that you agree to (a) Fanalyst Academy giving the claimant your name and contact information; (b) receive service of process for any legal action taken by the claimant or their agent (c) accept the jurisdiction of the federal district court for the judicial district in which you reside (if in Nigeria). 

Deliberately filing a false claim of infringement is illegal and you may be penalised for damages. Fanalyst Academy reserves the right to seek damages from anyone who filed a falsified infringement claim in violation of applicable laws

Infringement Report from Instructor

We acknowledge that when you make your courses available on the Fanalyst Academy online platform, you wouldn’t want to find it offered on another platform without your permission. Fanalyst Academy doesn’t tolerate violation of copyright laws, and will seek out and find instances of copyright infringement and have copied copyrighted content removed from third-party platforms.

However, you bear in mind that Fanalyst Academy don’t control the content on other platforms and may find it difficult to have your content removed from an infringing third-party platform especially when the platform is based in a country whose approach to issues on copyright laws differs. In such a case we cannot guarantee the infringing third-party platform will comply with our notices and remove the infringing content.

Trademark Infringement Report by Third-Party

Fanalyst Academy’s policy is to remove courses reported and confirmed as infringing from our online platform. Any course that infringes a third-party’s trademark will be removed and we reserve the right to terminate, at any time, the account of the defaulting instructor.

Filing a Trademark Infringement Report

Kindly note that a copy of your trademark infringement report will be sent to the party who posted the content you are reporting. If you are the owner or designated agent of the owner of a trademarked content you believe a course on our platform is infringing and want to file a report, here are things to consider:

  1. You have to adequately substantiate your claim for us to be able to address it. It must substantially include the following:
  1. Your contact information, including your full legal name, an email address, physical address, and telephone number.
  2. The particular word, symbol, etc. for which you claim trademark rights.
  3. Evidence of registration of trademark rights, including registration number, if applicable.
  4. The region or jurisdiction in which you claim trademark rights.
  5. The category of items and/or services for which you claim rights.
  6. Adequate information on how to locate the trademarked material on Fanalyst Academy’s online platform (web addresses/URLs of the allegedly infringing content).
  7. A vivid description of how you believe this content infringes your trademark rights.
  8. If you are representing the rights holder or are a designated agent to the rights holder, indicate your relationship to the rights holder.
  9. A statement declaring that the information in the complaint is accurate, and under penalty of perjury, you are the authorised rights holder or authorised representative of the rights holder and that you believe in good faith that the content was not used by the authority of the rights holder.
  10. Your electronic or physical signature with your full name.
  11. Deliberately filing a false claim of infringement is illegal and you may be penalised for damages. Fanalyst Academy reserves the right to seek damages from anyone who filed a falsified trademark infringement claim.
  12. Determine whether the use of your trademark is “fair use”. Most countries’ intellectual property laws include an exception for “fair use”, which gives others the leverage to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the trademarked product or services. Hence, before filing a copyright claim, make sure that use of your trademarked product or services does not qualify as fair use.

Powered by BetterDocs