Copyright Policy

Effective Date: 20 May 2020


[1] INTRODUCTION

This Copyright Policy applies when you use this website - https://www.martuwarrafitzroyriver.org - (“Website”).

  • We may modify this Copyright Policy from time to time, and will post the most current version on our site;

  • The Martuwarra Fitzroy River Council (“MFRC”) delivers our Website through our third-party service provider (“Squarespace”) who respects intellectual property rights and expects its users to do the same;

  • The Martuwarra Fitzroy River Council (“MFRC”) delivers our Website through our third-party service provider (“Squarespace”) who respects intellectual property rights and expects its users to do the same.;

  • We believe in the right of anyone to engage in sharing our cultural materials displayed in this website if all due respect, collective rights, individuals privacy, personal protection and Cultural Laws are adhered to;

  • However, all content including the MFRC logo is and remains copyright protected under the Copyright Act 1968 (Cth) with all rights of ownership held by the MFRC;

  • Where digital assets of the MFRC have been made available for public viewing, these may be shared using the direct URL to that resource in the first instance, made accessible to others under a CC BY 4.0 Unported International Licence - see https://creativecommons.org/licenses/by/4.0/


[2] PERMISSION

With direct attribution to the MFRC, including displaying the MFRC logo on all materials that you deal with in accordance with this clause, you are permitted to share those parts of this website which are not duly copyright protected including:

  • Share — copy and redistribute the material in any medium or format;

  • Adapt — remix, transform, and build upon the material for any purpose, even commercially.

This permission has been explicitly selected to protected educational institutions from being charged through their own respective copyright monitors for use of material other than what they are prescribed to deliver. 


[3] CULTURAL RIGHTS

The MFRC provides content in good faith that it will be shared and connect those with the MFRC engaged cultural services. Under no circumstance will the MFRC permit any use of any content owned by the MFRC in representations that counteract cultural rights of the traditional custodians who form the MFRC.


[4] COPYRIGHT INFRINGEMENT


4.1 GENERAL

  • The MFRC responds expeditiously to claims of copyright infringement committed against the MFRC;

  •  In accordance with all applicable laws (including the Copyright Act 1968 (Cth), the MFRC will not hesitate to terminate the access of anyone to the Website where you commit, or MFRC suspects you have or may commit, any infringement of MFRC copyright or other breach of this Copyright Policy;

  • The MFRC reserves the right to initiate and expedite legal proceedings against those who infringe on our copyright or those who fail to provide reasonable justification for not providing appropriate attribution to MFRC at all times.

4.2 SUBMITTING A NOTICE OF INFRINGEMENT

To submit a notice of claimed copyright infringement in the first instance you need to contact us directly and you will need to provide us with the following information:

  • Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);

  • Identification of the infringing material and information reasonably sufficient to permit the MFRC to locate the material on the MFRC website;

  • Your contact information, including name, address, telephone number and email address;

    • The following statements: 

    • “… I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”;

    • “… I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” and;

    • A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

  • We will accept a digital submission of this notice through our contact system. 

  • Please note that information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.

4.3 OUTCOME OF INFRINGEMENT NOTICE

  • The MFRC will respond to an infringement notice in the manner it sees fit and in accordance with applicable laws; 

  • If the MFRC considers the notice to provide valid grounds for your claims, the MFRC may remove or restrict access to allegedly infringing material;

  • Please be aware that under applicable law, you may be liable for any damages, including without limitation costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you’re unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

4.4 SUBMITTING A COUNTER-NOTIFICATION

  • If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. To submit a counter-notice, please respond to our original email notification of removal with the following information:

    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);

    • Your name, address and telephone number; 

    • A statement that you consent to the jurisdiction of Western Australia, and that you will accept service of process from the person who provided the original notification or an agent of such person; and;

      • The following statement: "… I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and 

      • a physical or electronic signature (typing your full name will suffice).

Upon receipt of a valid counter-notification, the MFRC will forward it to the notifying party who submitted the original notice of infringement. The notifying party will then have ten business days to notify us that they have filed legal action relating to the allegedly infringing material. If we don’t receive any such notification within ten business days, we may restore the material to the Website.

The Martuwarra Fitzroy River Council (MFRC) Copyright Policy has been prepared by Sprintlaw Australia.