What is copyright and why does it matter?
Copyright is a form of legal protection given to authors of original works such as literary, dramatic, musical, artistic, graphic, photographic, software and certain other intellectual works. The copyright owner has the exclusive right to reproduce the work, make new works based on the work, distribute copies, and perform or display the work, during the duration of copyright protection, subject to very limited fair use rights of others to use only such amount as necessary to exercise fair use rights. You should assume all third party content is protected by copyright unless you have determined otherwise with the assistance of legal counsel and you should not rely on fair use except pursuant to advice of legal counsel. You can, however, seek permission or license to use third party copyright protected content and once obtained will have the right to do so subject to the terms and conditions thereof. Please be aware that recipes and certain other content are not capable of copyright. If your notice of infringement relates to a recipe, then you may want to review the U.S. Copyright Office's Circular on the copyrightability of recipes prior to reporting your notice of infringement.
What if I bought a copy of third party content?
If you have purchased a copy of a work (e.g., a DVD of a movie or a CD of music) you generally only have a limited right to view or listen to the work for your personal non-commercial use and the copyright owner retains all other rights, unless otherwise agreed. Accordingly, unless you have permission from the copyright owner, you cannot copy content off your CD and DVD collections or off of the web and post it to this website. It's like this, if you create a work you want to decide who can do what with it, right? Well, think about that with respect to the works of others!
What if I discover I submitted or posted content that includes materials I was not authorized to use?
Such notice shall be sent to us by fax or written letter (U.S. mail or courier) at:
Scripps Networks, LLC1180 Avenue of the AmericasNew York, NY 10036(Attn: DMCA Agent c/o Legal Department)
Via fax at the following fax number: (212) 549-8589
DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.
How can I learn more about copyrights?
There are many available resources on the Internet. Scripps Networks is not responsible for the content provided by these resources, but we have found the following to be informative:
Copyright law is explained by the U.S. Copyright Office here:
A private commercial site offering information and services regarding copyright is:
A non-profit that helps copyright owners offer their content pursuant to a license whereby certain free use by others is permitted is:
Many universities maintain useful public information regarding copyrights, including:
What rights do I need to have to post content on the Site?
In addition to permission from third party copyright owners to make use of their video, works of art (including sculptures even if visible in public places), music, graphics, photographs, software and other intellectual property, we require you to obtain permission to depict any persons (except for crowd shots in public places).
How do I make a DMCA notification or counter-notification?
Please follow the instructions at our DMCA Notice and Policy section precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.
How does Scripps Networks determine who "wins" and "loses"?
Scripps Networks does not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined in the real world, by real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available in the real world.
Can I sign notifications and counter-notifications with my Scripps Networks Online Services user name (if applicable)?
We will not accept notices that are not signed by a real legal person. The DMCA process is a real-world process with real-world ramifications.
I don't agree with the required statements. Do I have to state these things?
We will not accept notices under the DMCA that do not include the statements required by the DMCA.
Can you change the DMCA process?
The Digital Millennium Copyright Act is federal law, passed by the United States Congress. Scripps Networks does not have the power to change congressional acts.
Why is Scripps Networks imposing liability for damages for false claims of copyright infringement?
The liability for damages for false claims is a provision of the DMCA, which was not written by Scripps Networks. Note that these damages and legal fees can be significant, for example see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
Can Scripps Networks give me legal advice concerning my claim?
Scripps Networks cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.
Do you terminate accounts based on DMCA claims?
If Scripps Networks believes that a user of Scripps Networks Online Services is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party's account. Keep in mind though, that Scripps Networks' actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
Where can I find more information about the DMCA?
There are many available resources on the Internet. Scripps Networks is not responsible for the content provided by these other resources, but we have found the following to be informative:
A summary of the Digital Millennium Copyright Act can be found at:
The text of the Digital Millennium Copyright Act can be found here:
The U.S. federal copyright code is here:
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