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Derechos de autor

Hootsuite Copyright Policy

How to file a complaint regarding content published through Hootsuite’s Services

Última actualización: 15 de septiembre de 2023

Hootsuite respects the intellectual property rights of others and wishes to offer services that contain no content that violates those rights. Our Terms of Service, published at https://hootsuite.com/legal/terms and https://hootsuite.com/legal/enterprise-terms (together, the “Terms of Service”), require that information posted by users be accurate, lawful and not in violation of the rights of third parties. Hootsuite has adopted this Copyright Policy (“Policy”) to explain to Hootsuite users and third parties their rights and responsibilities regarding copyright of the user content uploaded through our services and the actions that Hootsuite will take in response to copyright complaints. 

It is Hootsuite’s policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.

The process outlined in this Policy is designed to be consistent with the process mandated by the Digital Millennium Copyright Act of 1998 (the “DMCA”) (the text of which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf). Hootsuite will respond expeditiously to claims of copyright infringement committed using the Hootsuite websites (together, the “Site”) that are reported to Hootsuite’s Designated Agent (as defined below). Remember that your use of Hootsuite’s services is at all times subject to the Terms of Service, which incorporate this Policy.  Any capitalized terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

Who can report copyright infringement?

Hootsuite wants to ensure that we are doing the right thing when we are asked to remove content from our services.  Only copyright owners, or those authorized to act on behalf of copyright owners, can report a suspected infringement to Hootsuite. Therefore, you cannot report a suspected infringement if you are not the copyright owner (or an authorized representative). Please be aware that you may be liable for damages, including costs and attorneys’ fees incurred by Hootsuite, if you knowingly materially misrepresent that content published through the services is infringing your copyright. When in doubt, you should consult an attorney. If you do conclude that your copyrights are being infringed, you can follow the process outlined in this Policy to report it to us. We also strongly encourage you to contact the user directly. 

Procedure for reporting copyright infringement

Si crees que los materiales o contenidos que residen o son accesibles a través de los Servicios infringen tus derechos de autor (o los derechos de autor de alguien en cuyo nombre estás autorizado a actuar), por favor envía una notificación de infracción de derechos de autor (una «Notificación») que contenga la siguiente información al agente designado de Hootsuite para la recepción de Notificaciones (nuestro «Agente designado», cuyos datos de contacto se indican a continuación):

  1. Tu nombre legal completo y tu firma electrónica o física;

  2. Information reasonably sufficient to permit Hootsuite to contact you or your authorized agent, including a full legal name, mailing address, telephone number and, if available, an email address;     

  3. Identificación de la obra protegida por derechos de autor que afirmas que se ha infringido o, si este aviso cubre varias obras protegidas por derechos de autor, puedes proporcionar una lista representativa de las obras protegidas por derechos de autor que afirmas que se han infringido;

  4. Identification of the content that you claim is infringing (or to be the subject of infringing activity) and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content, including at a minimum, if applicable, the URL of the link on the Site where such content may be found; and

  5. Ambas de las siguientes declaraciones en el cuerpo del aviso:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted content is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“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.”

¿Dónde enviar tu aviso?

¿Dónde enviar tu aviso?

Tu notificación con todos los elementos completados deberá ser entregada al agente designado de Hootsuite en la siguiente dirección:

Copyright Agent/Legal Services
c/o Hootsuite Media Inc.
111 East 5th Avenue
Vancouver, BC, V5T 4L1
Canada
Email
tel: 604.681.4668
fax: 888.412.0295


What happens once your Notice is filed?

Once a proper written Notice is received, Hootsuite will proceed to:

  1. Evalúa el aviso para determinar si cumple con los requisitos de la DMCA;

  2. If the Notice is found to be substantially compliant with the DMCA, remove or disable access to the allegedly infringing content or the reference or link to the material; and

  3. Identify the user responsible for the allegedly infringing content and inform them that the allegedly infringing content has been removed or access to it disabled.

Please note that a copy of the Notice (including your personal information) may be provided to the user who provided the allegedly infringing content. Please also note that Hootsuite acts as a conduit between our users and our various platforms. In several instances, the content published via Hootsuite will not be in Hootsuite’s custody or control. If the allegedly infringing content falls into that category, Hootsuite will inform you in writing, and will encourage you to contact the platform(s) on which such content has been published. In the case of Hootsuite users who may repeatedly infringe the copyrights of Hootsuite or others, Hootsuite may terminate the accounts of such users and/or ban such users from accessing our services, at Hootsuite’s sole discretion.

Procedure to supply a Counter-Notice (restoring removed content)

If your content has been removed by Hootsuite, and you believe that the content that was removed (or to which access was disabled) is not infringing, or you believe that you have the authorization to post and use such content from the copyright owner, or the copyright owner’s agent, or pursuant to the law, you may send Hootsuite a counter-notice (“Counter-Notice”), pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA, to the address of the Designated Agent listed above. Your Counter-Notice must contain the following information:

  1. Identification of the content, or reference or link to the material, that has been removed or to which access has been disabled and information reasonably sufficient to permit Hootsuite to locate the material, including, if applicable, the location of the link at which the content appeared before it was removed or disabled;

  2. Una declaración (bajo pena de perjurio) de que tienes la creencia de buena fe de que el contenido, la referencia o el enlace al material fue eliminado o deshabilitado por error o por una identificación errónea del contenido que debía ser eliminado o deshabilitado;

  3. Your full legal name, mailing address, telephone number, and, if available, email address, and a statement that you (or the person you represent) consent to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district of Hootsuite’s choosing, and that you (or the person you represent) will accept service of process from the person who provided notification of the alleged infringement; and

  4. Your physical or electronic signature.

Once a proper Counter-Notice is received, Hootsuite may send a copy of the Counter-Notice, including your contact information, to the original complaining party. If we provide your Counter-Notice to the complaining party and we do not receive notice that the complaining party has filed an action seeking a court order to restrain the infringing activity, Hootsuite may replace or cease disabling access to the removed content or link. This process can take up to 14 business days after receipt of the Counter-Notice.