Hopefully you’ll never receive an email from us informing you that we received a DMCA Take Down notice for one of your apps. But if you have, you might have wondered,
What the hell is a DMCA Take Down notice?
DMCA stands for Digital Millennium Copyright Act. It is a United States copyright law that “criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works.” (Source) In this case, it makes it illegal to distribute material or content that you don’t have licenses for or the copyrights to.
When you register a MiKandi Developer account and publish applications, you agree to adhere to US laws and regulations. Among other things, you also confirm that you either own the material you share or you have been granted permission from the copyright owner to distribute the material. If a copyright owner finds their material in your app and determines that they have not granted you permission or a license, they can send us a DMCA Take Down notice to remove your application immediately. We’ll send you an email explaining what has happened, and what steps you can take to resolve the matter with the copyright owner. (Learn more about Counter-Notice Process.)
Sometimes it’s a simple misunderstanding, such as unclear affiliate program guidelines. Others times it’s more, such as blatant theft (NOT cool). Probably more often it’s unfamiliarity with the law.
To share or not to share
It’s better to stay on the safe side of the law. If you have some material and you’re not sure if you can use it in your apps, you should consult a lawyer. It also helps to ask yourself these questions:
- Am I the copyright owner?
- Have I obtained permission from the copyright owner to use the material?
If the answers to both of these questions are no, then you’re not allowed to distribute the material in MiKandi.
- If I’m an affiliate, can I use the material to promote the brand?
It depends on the brand’s affiliate program guidelines. If you’re unsure, it is best to contact the brand directly.
- I found this material on another website. It’s available freely on the web. Can I use it in my apps?
Unless you have been granted permission from the copyright owner, you are not allowed to distribute the material in MiKandi.
Protecting your stuff
Many months ago, someone was selling the MiKandi App Market in other markets. Even though MiKandi is free to download, it didn’t give the “developer” the right to distribute our app without our permission. So we know how it feels to have someone take your stuff without asking. If you find your app has been illegally distributed in the MiKandi App Market, please email us at firstname.lastname@example.org and we’ll work toward a resolution immediately.