Intellectual Property Rights Policy
Yahoo! Asia Pacific Pte. Ltd. ("we" and "us", as the case may be) respects the intellectual property of others, and we ask our users to do the same. Please note that information on websites is available for anyone to view, but not necessarily to access, download, print, copy and/or utilize.
This Intellectual Property Rights Policy ("Policy") sets out our policies on issues related to intellectual property rights, such as allegations of infringing material being posted or made available on our properties and actions against repeat infringers.
Please note that we have no control, power or authority over any users who are not Yahoo users or any Yahoo users who are registered with Yahoo properties outside our control, such as yahoo.com and yahoo.co.uk.
Information for intellectual property rights owners
We comply with all applicable laws and regulations. In particular, we comply with the requirements of the Singapore Copyright Act and the Copyright (Network Service Provider) Regulations as applicable to us.
If you believe that your intellectual property right (such as copyright or right to authorise the use of a performance) has been infringed, please complete our standard notice of infringement online or send or fax a hard-copy (PDF available here) of the duly-completed form to us at:
Yahoo! Asia Pacific Pte. Ltd. (Co. Reg. No. 199700735D)
60 Anson Road #13-01
Facsimile number: +65 6809 8001
Please note that we will only accept and act on notices in the English language that comply with the Singapore Copyright Act, other applicable laws and this Policy (as applicable). Any notices that do not comply with the above will be rejected, and we will not take any action in relation to such rejected notices.
Upon receipt of a compliant notice of infringement, we will take the actions described below, depending on whether the alleged infringement described in the notice is an infringement of copyright or an unauthorised use of a performance that is governed by the Singapore Copyright Act as applicable to network service providers ("Copyright Act Infringement").
Should you wish to contact the Legal Department for clarifications on this Policy, you may write or fax to the above, or you may telephone +65 6477 4500 or send an e-mail to email@example.com.
Copyright Act Infringement
1. For Copyright Act Infringements, we will, upon receipt of a compliant notice of infringement:
(a) expeditiously take reasonable steps to remove or disable access to the allegedly infringing electronic copy; and
(b) after removing or disabling access to the allegedly infringing electronic copy, expeditiously take reasonable steps to notify the person who had made that electronic copy available ("Content Owner").
2. If the Content Owner provides a counter-notice that complies with the relevant requirements of the Singapore Copyright Act and Copyright (Network Service Provider) Regulations ("Compliant Counter-Notice"), and the Compliant Counter-Notice is provided to us within 6 weeks of the date that we notify the Content Owner of the removal or disabling of access to the allegedly infringing electronic copy ("Notification Date"):
(a) we will expeditiously take reasonable steps to restore, or to restore access to, the allegedly infringing electronic copy, if it is technically and practically feasible to do so; and
(b) if, before we complete the necessary steps to restore, or to restore access to, the allegedly infringing electronic copy (where it is technically and practically feasible to do so), the owner of the copyright in question or the performer of the performance in question (as the case may be) commences proceedings to prevent the restoration of, or the restoration of access to, the allegedly infringing electronic copy, and we are informed of such proceedings, we will cease such steps to restore, or to restore access to, the allegedly infringing electronic copy.
3. If the Content Owner does not provide a Compliant Counter-Notice within 6 weeks of the Notification Date, we will take no further action and we will consider the case to be closed.
Other types of infringement
1. For all other infringements (that is, that are not a Copyright Act Infringement), the notice of infringement must be accompanied by the following documents in the English language:
(a) an affidavit or statutory declaration (which complies fully with the applicable laws in the place where such affidavit or statutory declaration is made) containing or stating the following matters:
(i) a statement that all of the matters set out in the notice of infringement are true and accurate, and in this regard, a copy of the duly-completed and signed notice of infringement must be exhibited and referred to in the affidavit or statutory declaration; and (ii) a statement that the notice of infringement is being sent to us in good faith and for the purposes of enforcing the intellectual property right in question; and
(b) a duly-completed and signed standard indemnity (PDF available here). 2. Once we receive the notice of infringement together with the affidavit or statutory declaration and the standard indemnity as required under this Policy, we will proceed to remove or disable access to the allegedly infringing material.
3. If we do not receive either or both of the affidavit or statutory declaration and the standard indemnity as required under this Policy, or we received both of them but we determine (in our sole discretion) that either or both of them do not comply with the requirements of this Policy, including but not limited to either or both of them not being in the English language, we reserve the right to take any or no action, as we deem appropriate in our sole discretion. If we decide to take no action, we will consider the case to be closed.
Information for users
Users who have posted or made available any Content (as defined in our Terms of Service) on or through our properties or services should familiarise themselves with the matters set out above under the heading "Information for intellectual property rights owners".
In particular, where we have removed or disabled access to any material pursuant to a notice of infringement alleging a Copyright Act Infringement, we will first send a brief notification to the user to inform him of this removal and such other information (including information on how to send a Compliant Counter-Notice) as may be useful to the user.
We may also, in accordance with our Terms of Service (including this Policy) and in appropriate circumstances and at our sole discretion, disable and/or terminate (whether partially or completely) without notice the accounts of users who may be infringing the intellectual property rights (including but not limited to copyrights and trade marks) of others.
In particular, we will terminate the Service Accounts of users whom we have determined to be repeat infringers. The "Service Account" of a user is the account of that user in respect of a particular service or property operated or provided by us. For instance, where we have determined that a user has infringed a third party's intellectual property rights in the course of his/her use of our Yahoo Singapore Auctions property, the Service Account that may be terminated will be his/her Yahoo Singapore Auctions account, but not his/her other Service Accounts (e.g. Yahoo Mail).
In determining whether a user is a repeat infringer, we will generally adopt the following procedure (as may be applied or amended from time to time in our sole discretion):
1. If we remove or disable access to any Content (whether pursuant to a compliant notice of infringement sent to us or otherwise) posted or made available by our user, we will send a notification to the user in question ;
2. The user has a 6-week grace period (starting from the date-stamp of our notification in paragraph 1) to search out and remove all infringing material and links that he/she has posted or made available using or through the relevant Service Account;
3. If we subsequently receive a second allegation of infringement by that user, which causes us to remove or disable access to any other Content posted or made available by that user under the same Service Account, and we do not receive a Compliant Counter-Notice from the user within 6 weeks of our notification to the user in respect of that second allegation, we will then terminate that Service Account of that user (whether with or without further reference to him/her) after such 6-week period. However, any allegations of infringement received during the 6-week grace period mentioned in paragraph 2 above will not be considered to be a second allegation of infringement for the purposes of this paragraph; and
4. If we receive a Compliant Counter-Notice from the user within the 6-week grace period mentioned in paragraph 2 above, then we will disregard the compliant notice of infringement that led to the removal of or disabling of access to the Content in paragraph 1 for the purposes of assessing whether the user is a repeat infringer under this Policy.