Intellectual Property Policy

Hyve Buzz Pty Ltd (Hyve) operates a technology platform (Platform) that enables anyone anywhere to create and share health and fitness instructional courses and videos. Our marketplace model means we do not review or edit the video content for legal issues, and we are not in a position to determine the legality of content. However, it is important to us that content creators posting or submitting video content on the Hyve respect the intellectual property of others. When trainers post or submit audio visual material on our marketplace, they commit to us that they have the necessary authorization or rights to use all the content contained in their videos.

Infringing activity is not tolerated on or through our Platform.

This policy addresses what we do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to the video content on the Hyve platform. The policy also addresses what we do when Hyve trainers’ video content is copied on third-party platforms without their consent.

Third-Party Copyright Infringement Reports

Hyve’s policy is to remove video content from our service when they are reported as infringing in a copyright infringement notice received from the owner of the original content. It is also our policy to remove all video content from any trainer who is determined to be a repeat infringer (for whom Hyve has received more than two valid takedown notices). We reserve the right to terminate a trainer’s account at any time, including when they post content in violation of the copyrights of others.

How to File a Copyright Infringement Report

If you would like to report a video on the Hyve marketplace and if you are the owner or the designated agent of the owner of the rights to the content that you believe the video is infringing, the most efficient way is to immediately notify us of the copyright infringement.

Before you submit a copyright infringement report, please remember these important things:

We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the trainer who published the video you are reporting has received proper permission from the owner to use the content. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization).

Your copyright claim has to be sufficiently substantiated for us be able to address it. This means:

  • You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.
  • If you are filing a report on behalf of an organization, you include the name of the organization and your relationship to the organization.
  • You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);
  • You provide sufficient information for us to locate the reportedly infringing video(s) on the Hyve site (the URL on our website and the exact name of the video content and trainer;
  • You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner’s behalf and I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.
  • The notice being signed.

Intentionally submitting a false or misleading claim of infringement is illegal and you could be held liable and have to pay damages as a result. Hyve may seek damages or compensation from anyone who submits a notification of claimed infringement in violation of the law.

Not all content is protected by copyright law. For example, short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the content copied in the video is indeed protected by copyright.

Before you submit a copyright claim, make sure that use of the content copied in the video does not qualify as fair use. Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether a video’s use of your material qualifies as fair use, you should look at:

  • The purpose of the use (whether the video is paid or unpaid, whether the video critiques/parodies/transforms your material)
  • The type of copyrighted work being used (whether your work is factual or creative)
  • The portion being used (whether the video uses small, necessary excerpts of your material or substantial portions of it)
  • The effect on the market for your material (whether potential buyers would purchase the video instead of your material)

Trainer Response and Our Actions

If we receive a valid copyright infringement notice (Valid Notice) which includes all required information and content, we will immediately suspend the publishing of the relevant video content form the Platform. We will also re-issue the notice to the relevant Trainer and seek a response to the report and to counter any copyright ownership claim in the relevant material. If we are satisfied that the Valid Notice should be upheld will permanently remove the offending material. If the Trainer provides substantial proof of copyright ownership in the video material we will seek to procure that the parties reach agreement to the dispute. Notwithstanding, we may at our sole discretion re-publish the material or allow the material to be permanently removed.

Third-Party Trademark Infringement Reports

Hyve’s policy is to remove video content from our service when they are reported as infringing a third-party trademark. We also reserve the right to terminate the trainer’s account at any time, including when they post content in violation of the trademark rights of others.

You may submit a report of trademark infringement to us at the contact details set out below. We will send a copy of your notice will be sent to the party who posted the content you are reporting. Please ensure that your trademark claim is sufficiently substantiated for us be able to address it. This means your communication must include substantially the following:

  • Your complete contact information (full name, mailing address, and email or phone number).
  • The specific word, symbol, etc. for which you claim trademark rights.
  • If the trademark is registered or pending, the registration or application details;
  • thee country or jurisdiction in which you claim trademark rights.
  • The category or class of goods and/or services for which you assert rights.
  • Sufficient information for us to locate the material on our Platform that you believe infringes your trademark rights.
  • A description of how you believe this content infringes your trademark.
  • If you are not the rights holder, an explanation of your relationship to the rights holder and a copy of any document which authorises your use of the trademark or a letter from the trademark holder confirming authorisation.
  • The following statement: “I declare that information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed.”
  • The notice being signed.

Submitting a false or misleading claim of infringement could result in liability for you. Hyve reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.

Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Consider whether there is the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the video content.

Hyve Contact Information

Hyve Contact Information

For notices of reported infringement, we can be contacted in the following manner:

Email: [email protected]

Post: PO Box 972, Tewantin QLD 4565