Copyright Policy
WIN ELEMENTS LLC provides Sleedu Professional Development (the “Service”) that provides and trains teachers and school leaders to use available technologies (including, but not limited to, third-party Open-Source Learning Management Software and Plugins hosting on Sleedu and all of its subdomains) to implement education-related strategies and resources to support students. Sleedu Professional Development providing by WIN ELEMENTS LLC also provides an e-commerce website,winelements.com, hosting on separated servers.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the "Service" operated by WIN ELEMENTS LLC ("us", "we", or "our").
Sleedu Professional Development allows "Instructors" (including, but not limited to, teachers, administrators, Professional Development Specialists, and Coaches) to organize their course materials and make them available to their students on our websites, including, but not limited, Sleedu.com and its subdomains. We respect the intellectual property rights of others, and we ask that our users would do the same. The guideline below is not legal advice and it is intended simply to help our users to follow best practices in their course design, in accordance with the Fair Use Act and TEACH Act. It also describes our Copyright Policy and what we do to respect the intellectual property rights of others.
What is "fair use"?
“Fair use is an exception to the exclusive protection of copyright under American law. It permits certain limited uses without permission from the author or owner. Depending on the circumstances, copying may be considered "fair" for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research...Keep in mind that even in an educational setting, it is not fair use to copy for a "commercial motive" or to copy "systematically," that is, "where the aim is to substitute for subscription or purchase." No factor by itself will determine whether a particular use is "fair."
Source: http://www.loc.gov/teachers/usingprimarysources/copyright.html
What is the “TEACH Act”?
Signed by President George W. Bush on November 2, 2002, the Technology, Education, and Copyright Harmonization (TEACH) Act amend the US Copyright Act, and under certain circumstances, allows faculty at accredited non-profit educational institutions to use portions of copyrighted works online without the consent of the copyright owner, if several conditions are met. The work performed or displayed must be:
· An integral part of the class session as determined by the instructor.
· As part of systematic mediated instructional activities
· directly related and of material assistance to the teaching content.
· shall be made solely for students enrolled in the course, and technology that reasonably prevents retention in an accessible form for longer than a class session, and technology that prevents unauthorized further dissemination in an accessible form, and no interference with copyright owner’s technological measures that prevent such retention and dissemination.
How does Sleedu.com facilitate Teach Act?
We facilitate compliance by making it easy for instructors to use the password to protect the course materials. We also post a Copyright Notice on our websites to remind our users to respect intellectual property.
What you can do to not infringe on the intellectual property of others?
· When possible, provide a link to copyrighted materials rather than uploading them directly on our website. We allow users to easily link any image, video, site, and other sources without having students leaving the current page.
· Use only the amount of work that is needed to achieve your teaching objectives.
· Limited access to students who are currently enrolling in your course.
· Use only lawfully acquired copies of materials (e.g. items you or the institution purchased).
· Repeated use of materials from semester to semester weighs against fair use, so in such case, it is best to obtain permission from the copyrighted sources/owner.
· Provide attribution to both the creator and copyright holder.
Below are quoted directly from copryight.gov to give examples of what Work can be copyrighted and what are not copyrighted.
"What Works Are Protected?
Copyright protects “original works of authorship” that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
1. literary works
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works 6 motion pictures and other audiovisual works
6. sound recordings
7. architectural works
These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”; maps and architectural plans may be registered as “pictorial, graphic, and sculptural work
What Is Not Protected by Copyright?
Several categories of material are generally not eligible for federal copyright protection. These include among others:
1. works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
2. titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
3. ideas, commonly known knowledge, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
4. works consisting entirely of information that is common property and containing no original authorship (for example standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)”
Source: https://www.copyright.gov/circs/circ01.pdf
Exception: Trademarks are also protected intellectual properties. Trademark refers to a word, phrase, logo, or design used to identify a particular brand. For example, Post-It is a trademark.
NOTICE OF INFRINGEMENT AND REMOVAL PROCESS
We respect the intellectual property of others, and we work hard to respond to any notice of alleged copyright or trademark infringement.
If you believe that your work has been used on Sleedu in a way that infringed your copyright or trademark, please send us an email to info@winelements.com that includes ALL of the following information:
1. Your Contact Information, including your Full Name, Telephone Number, Email Address, and Your Mailing Address.
2. Identify the material that you claim to be infringed on your intellectual property.
3. Describe where the material you’ve identified is located on Sleedu (e.g. URL of the page)
4. Explain how the material you identified is infringing your intellectual property.
5. A statement by you, under penalty of perjury, stating that the information you provided in your notice is accurate and that you are the intellectual property owner or authorized person who is acting on behalf of an owner.
6. Your physical or electronic signature.
As a reminder, under “Section 512(f) Misrepresentations.
—Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”
Source: https://www.law.cornell.edu/uscode/text/17/512
If you are unable to contact us, you may contact our Registered Agent:
California Registered Agent Inc
1267 Willis Street STE 200
Redding, CA 96001
Tel: (530) 232-5985
http://www.californiaregisteredagents.net
agent@californiaregisteredagents.net
What happens after you’ve emailed us your Notice of Infringement?
Make sure that you have included the information above so we can address your request timely. We will review your Notice of Infringement and act in good faith. We will forward your Notice of Infringement to the user who posted the content and we’ll remove the material from our site. The user who posted the content has the legal rights to submit a Counter-Notice if that person believes that the content was misidentified and/or removed by mistake. If we received a Counter-Notice, we would forward it to you. “If proper counter-notice is provided and if the copyright holder does not file suit within 10 business days, [we’ll] restore the removed material” (http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content).
Counter-Notification Process
If you have received a notice of Copyright Infringement from us about one or more of your content and you wish to dispute the claim, you can reply to the email and attach a Counter-Notice that include ALL the information below:
1. Your Contact Information, including your Full Name, Telephone Number, Email Address, and Your Mailing Address.
2. Identify what material was removed.
3. Describe where the material is located by providing the URL of the page.
4. Provide a statement, under penalty of perjury, that you have a good faith belief that the materials were removed due to being a mistake or misidentification. (e.g. "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." )
5. A Statement stating that: "I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where GitHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person." 6. 6.Your physical or electronic signature.
What happens after you’ve submitted your Counter-Notice?
We’ll look if your Counter-Notice includes all the above information, and we’ll forward your Counter-Notice to the person who sent the Notice of Infringement. That person has 10 business days to take further legal action to protect their work. If that happens, we will respect both parties and remove your material from our site until we receive a further update.
Thank You for your Cooperation and Patience, and We hope that you will take part in making a difference in our students' learning by empowering our teachers.