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GripKey Copyright Policy

Copyright Protection and Use Policy

GripKey's Copyright Protection and Use Policy aims to:

·         Provide a brief overview of US copyright law fundamentals to help explain the basis for this policy.

·         Implement appropriate safeguards and procedures to protect [GRIPKEY, LLC]'s copyrights.

·         Ensure that [GRIPKEY, LLC] does not knowingly infringe any third-party copyrights.

[GRIPKEY, LLC]'s copyrights may have significant value, and it is vital to the continued growth of [GRIPKEY, LLC] that all employees adhere to this policy and its guidelines for protecting these assets.

[GRIPKEY, LLC] also respects the copyrights of others. Improper use of copyrighted materials by [GRIPKEY, LLC] employees could expose the employees and [GRIPKEY, LLC] to substantial civil and criminal penalties. All employees are required to comply with federal copyright law and this policy.

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Copyright Law

Copyright is a type of intellectual property that protects original works of authorship. Under the US Copyright Act, copyright arises automatically when an author creates an expressive work if the work is both:

·         Original, meaning that the work:

·         is independently created by the author(s); and

·         has some minimal creativity (the required level of creativity is low).

·         Fixed, meaning that the work is captured in a tangible form.

Copyright protects both published and unpublished original works of authorship in a broad range of forms, including:

·         Text of advertising or marketing materials, books, and newsletters.

·         Website content, including text, graphics, and audiovisual elements.

·         Computer software programs, including any accompanying manuals and documentation.

·         Photographs, drawings, diagrams, and other types of artwork.

·         Audiovisual works.

·         Songs and jingles.

Copyright does not protect:

·         Ideas, systems, processes, or methods of operation.

·         Titles, short phrases, or slogans.

·         General layouts or formats, for example, of a website, poster, or book cover.

·         Common symbols and designs, for example, polka dots, abbreviations, familiar religious symbols, or emoticons.

However, these elements may be protected by trademark, patent, or other proprietary or personal rights.

A copyright provides its owner with a bundle of exclusive rights in a protected work. The primary exclusive rights are as follows:

·         Reproduction (making copies of a work).

·         Distribution (transferring ownership of a tangible copy of a work, or transferring custody, but not ownership, of a tangible copy, for example, through rental or lending).

·         Public performance (reciting, rendering, playing, dancing, or acting a work in a place open to the public or where a substantial number of people other than family members and acquaintances are gathered).

·         Public display (showing a copy of a work in a place open to the public or where a substantial number of people other than family members and acquaintances are gathered).

·         Derivative works (making adaptions of a work, for example, translations, art reproductions, or a motion picture based on a book).

For the copyright's duration, use of any of these exclusive rights generally requires the copyright owner's permission to avoid infringement. The duration of copyright protection is limited and varies depending on several factors.

Fair use allows certain limited uses of copyrighted works without the copyright owner's permission. These may include uses for the purpose of:

·         Criticism.

·         Commentary.

·         News reporting.

·         Teaching.

·         Scholarship.

·         Research.

Whether a use qualifies as fair use depends on a legal analysis balancing the following factors:

·         The purpose and character of the use (for example, whether it is for a commercial or a nonprofit educational purpose).

·         The nature of the copyrighted work (whether the work is creative or factual).

·         The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

·         The effect of the use on the potential market for or value of the copyrighted work.

The determination of fair use is highly dependent on the particular facts, and the distinction between fair use and infringement is not always clear or easily defined.

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Protecting [GRIPKEY, LLC]'s Copyrights

[GRIPKEY, LLC] invests significant resources in its copyright assets, which include [Brand logos and documents and images created by GripKey, LLC]. [GRIPKEY, LLC] employees must protect [GRIPKEY, LLC] copyrights and the value of these assets from infringement by others.

In general, works created by [GRIPKEY, LLC] employees in the scope of their employment are owned exclusively by [GRIPKEY, LLC] as works made for hire under the US Copyright Act. Materials created by third-party independent contractors for [GRIPKEY, LLC] may, in some cases, also be works made for hire. Contact [David Grippe]] prior to engaging any third-party independent contractors to confirm and secure copyright ownership in contractor work product.

Do not allow others to use [GRIPKEY, LLC] copyrights without appropriate internal approval. If a third party requests a license or permission to use any [GRIPKEY, LLC] copyrights, please contact [David Grippe]].

Suspected infringements of [GRIPKEY, LLC] copyrights should be reported to [David Grippe]]. It is important that action be taken quickly because undue delay can potentially limit legal remedies. If [GRIPKEY, LLC] must take enforcement action, time is of the essence and statutes of limitation and filing deadlines must be complied with.

The appropriate copyright notice should be included on all [GRIPKEY, LLC] copyrighted works, whether registered or unregistered. These include websites, apps, software, artwork, advertising, marketing and promotional materials, and product packaging and labels. Please contact [David Grippe]] to confirm the correct content and placement of the copyright notice.

Employees should not externally distribute any [GRIPKEY, LLC] materials without ensuring that appropriate security measures have been implemented to protect [GRIPKEY, LLC]'s copyrights. [GRIPKEY, LLC]'s security measures include [DESCRIPTION OF COMPANY SECURITY MEASURES].

[It is [GRIPKEY, LLC]'s policy to register copyrights in:

·         [Images].

·         [Documents].

·         [Creative works].

[David Grippe]] may contact you for additional information or materials necessary to register [GRIPKEY, LLC] copyrights. Please cooperate in responding promptly to these requests.]

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Proper Use of Third-Party Copyrights

[GRIPKEY, LLC] employees may sometimes need to use third-party copyrighted works in their work for [GRIPKEY, LLC][, including [TYPICAL THIRD-PARTY WORKS USED BY COMPANY, FOR EXAMPLE, SOFTWARE, PHOTOGRAPHS, PROFESSIONAL JOURNALS, OR SOUND CLIPS]]. It is against [GRIPKEY, LLC] policy for any employee to copy, scan, digitize, distribute, broadcast, perform, excerpt, modify, translate, or otherwise use any third-party copyrighted works, whether for personal use, internal or external [GRIPKEY, LLC] use, or use by others, in violation of copyright laws.

Use of third-party copyrighted works generally requires permission or a license. If a work was created by a third-party contractor, confirm with [David Grippe]] that the contractor has entered into [GRIPKEY, LLC]'s third-party contractor agreement. If the contractor has not entered into this written agreement, the third-party contractor owns the copyright in the work.

Providing information regarding the source, author, or owner of a work does not eliminate the need to obtain permission or a license for use of the work. If there are any questions regarding the permissibility of using third-party copyrighted works, please contact [David Grippe]] for additional guidance.

Do not assume that the proposed use of a third-party copyrighted work will qualify as fair use. Contact [David Grippe]] before relying on fair use instead of seeking permission or a license.

Permission to use third-party copyrighted works should be obtained through [David Grippe]].

[GRIPKEY, LLC] may have purchased or licensed the use of certain third-party copyrighted works. [GRIPKEY, LLC] employees must comply with all terms and conditions of any applicable agreements concerning the use of these third-party copyrighted works. Confirm through [David Grippe]] whether the proposed use complies with these agreements.

Registration with the US Copyright Office is not required for copyright protection. Use of a © symbol or copyright notice may be optional for copyright protection of a work. Do not assume that materials without a © symbol or a copyright notice are available for use without permission of the copyright owner. If you are unsure whether a work is protected by copyright, assume that the work is copyrighted and follow the procedures for obtaining a permission or license described above.

Do not assume that materials that are available on the internet or social media may be copied, distributed, or otherwise used without permission of the copyright owner, regardless of the ability to access, copy, or download such materials. The use of content posted on the internet or social media is also subject to the website or app provider's applicable terms of use. Do not circumvent or otherwise impair or remove any electronic or digital copyright protection measures.

[GRIPKEY, LLC] facilities and equipment may not be used to make or distribute unauthorized copies of copyrighted materials whether for personal use, internal or external [GRIPKEY, LLC] use, or use by others.

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