Panmind

Legal

Content Policy

For a better transparency of the publication process, through the Platform, of the User's generated content, with this document Panmind wish to inform the User about the Content policy adopted by Panmind, by providing guidelines and statutory provision which the User must comply.

Original work or license on Content

In order to have the use of an intellectual work, User is obliged by the law to have the necessary rights on the work. Firstly, User has to focus on art 1 and 6 of the Italian copyright law (Legge sul diritto d'autore, L. 633/41) which states:

Art. 1: Intellectual works having a creative character and belonging to literature, music, the graphic arts, architecture, the theatre and cinematography, whatever their mode or form of expression, shall be protected according to this Law.

Art. 6: Copyright shall be acquired by creation of a work resulting from an intellectual effort. What is protected by the law is not the plain idea, or rather, the information contained in the work. Italian copyright law protects the expression of the idea in an external form, i.e. the chosen way of expression of such idea to communicate that information (e.g. Literary form) and the internal form, i.e. a personal and particular way to combine, develop and weave ideas, concepts and images expressed in a work.

User has to use original content resulting from its own intellectual work and, therefore, upload such work on the Platform, unless otherwise agreed with the owner of the copyright on such work.

But when there is an agreement between the owner of the work and the User who use the services offered by the Platform, User can upload on platform contents of third parties.

On Internet, usually, the dynamics of the agreements between the licensor/owner of the work and third parties are more fluid than those arising in traditional market. In recent years, Users use contents which are freely placed on Internet where the owner of the copyright licenses the rights on the work in a broader way than in the traditional market, allowing third parties to intervene in the creative process and in the publication and circulation of the work.

Nevertheless, in presence of a copyright license with some rights reserved (eg. a Creative Commons license), the User shall focus on what rights are licensed and granted by the author, and shall conform its utilization to the original directives of the Licensor. It is therefore recommended to read carefully the terms of use of the licensed content in order to know, before uploading such content on the Platform, the rights licensed by the owner of the Content. It is also highly recommended, in case of doubt, to ask the authorization to the owner of copyright for each activity on a Content uploaded on the Platform.

Content management on the Platform

The digital tools offered by the Platform are designed specifically to enable collaboration between different users in creating and improving the works uploaded on the Platform. The collaborative tools that allow the creation of a work by multiple entities also impose conditions regarding the ownership of rights on it.

In fact, if the final work is generated by the collaboration between different Users, with different rights, the ownership of the work will belong to all co-authors, as expressly stated by art. 10 of the Italian Copyright Law: "If the work has been created by the indistinguishable and inseparable contributions of two or more persons, the copyright shall belong to all the co-authors in the common."

Although all co-authors have the same rights on the work, by using the Platform, only the first User/author or Project Manager can decide the degree of openness of the work towards visitors. While there is an express agreement between the User who uploads the Content and Panmind, regarding the non-exclusive and free license for reproduction, adaptation, conversion and display of the Content supplied by the User, necessary for the use of collaborative tools of the Platform, the User/author or Project Manager is the one who decides what rights are granted to third Users/Visitors according to the following provisions:
  1. Public Content If User chooses to License the contents as "Public", it will allow the other Users of the Platform to access and use the content uploaded, automatically recognizing them a free, personal and limited licenset of acces to the uploaded content, including the right to modify the text, edit it, turn it into other digital formats, download and print it for non-commercial uses;
  2. Protected Content If User chooses to License the contents as "Protected", it will allow selected Users of the Platform to access and use the content uploaded, automatically recognizing them a free, personal and limited license to acces to the uploaded content, including the right to modify the text, edit it, turn it into other digital formats, download and print it for non-commercial uses;
  3. Private Content If User chooses to License the contents as "Private", it will allow only to those Users who collaborate in creating and developing the work to access and use the content uploaded, automatically recognizing them a free, personal and limited license to acces to the uploaded content, including the right to modify the text, edit it, turn it into other digital formats, download and print it for non-commercial uses;

Final Provisions

The Licences issued by the User, as indicated above, may be changed to reflect User's preferences. The Content may also be removed from the platform. In any case Users who have had access to the Content keep the rights recognized and licensed by the User.

By uploading the Content on the Platform, User warrants that the Content is original or it has obtained from the copyright owner all the needed permissions to use the work in accordance with the provisions of this "Content Policy" and the related contract for the provision of services of the Platform.

Panmind, also, advises the User that Panmind cannot be held responsible for the accuracy of the content uploaded, for the ownership of copyright declared by the User and on comments to the content eventually posted on the Platform.

Panmind disclaims any liability regarding the Content uploaded or posted by the User. Anyway, if notified by a User of the Platform, Panmind can verify that the Content uploaded by the User comply with the Terms and Conditions of use, Content Policy and Privacy Policy accepted by the User at the time of its registration, consequently, Panmind can determine at its discretion, to remove any Content from the Platform.
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