Guidelines on reporting copyright infringements
Copyright Law & Copyright Infringement:
Copyright law is typically designed to protect the fixed expression or manifestation of an idea rather than the fundamental idea itself. Copyright does not protect ideas, only their expression and in the Anglo-American law tradition the idea-expression divide is a legal concept which explains the appropriate function of copyright laws.
Copyrights protect the works of authors from copying by others. The U.S. Constitution sets forth that Congress shall pass laws to secure for authors exclusive rights to their writings for limited times. Under federal statute, there are several types of works that may be copyrighted, including literary works; musical works; dramatic works; pictorial, graphic, and sculptural works; motion pictures; sound recordings; architectural works; and computer software.
When one of those copyrighted works is copied by a third party without permission, the owner of the copyright (the plaintiff) may sue that third party (the defendant) for copyright infringement. The plaintiff can obtain injunctions to prohibit future copying and money damages to compensate and, in some cases punish, the defendant for copyright infringement.
In order to prove copyright infringement, the plaintiff must prove ownership of the copyright in the allegedly infringed work and copying of the work by the defendant. Assuming that the plaintiff is the proper owner, all that now needs to be proved is that the defendant copied the work. In a simple case, if the defendant admitted that they obtained a copy of the work and ran off copies of the work on a photocopier, this would be enough to find the defendant guilty of copyright infringement. This, however, is not the usual case, and there is rarely such solid proof of copying.
Copyright Infringement Claims:
Any claims of copyright infringement should be addressed to the Editor at editor@caeaccess.org bearing the subject line "Copyright Infringement".
The claim must be sufficed by documented evidence supporting the same version as being published or copyrighted or patented by the aggrieved party before the date of publication of the concerned CAE article. On receipt of the claim, the CAE Board, if found deemed, shall inform the CAE author to provide an explanation; the discussion of which shall be transparent to both parties.
The CAE Board reserves the sole rights to decide the validity of any such claims. After deliberation, if the claim is found justified, the concerned manuscript will be removed from all CAE archives and servers. Any subsequent print copies of the concerned issue will not contain the article. In case, the changes required are minimal such as inclusion of references, the authors will be intimated to do the required amendments according to the CAE article correction policies. The alternative version shall undergo peer-review as any other general submission and shall be published in the same issue (number) of the concerned volume.
Essential factors for Copyright Infringement Claims:
Any claims on copyright will be addressed with the highest priority. A revert mail will be dispatched within 3 working days provided the claim is supported with documented evidence.
- A description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
- A description of where the material that you claim is infringing is located on our Website;
- Information reasonably sufficient to permit us to contact your email address at which you may be contacted;
- A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
It is advisable that you consult your legal adviser before filing a notice. Please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.