Intellectual Property

YourSports is committed to protecting the intellectual property of third parties. This page is intended to serve as a resource for rights holders and fans alike on the subjects of copyright and trademark, rights of publicity and privacy. If you are 100% certain you want to send a notice or counter-notice under the Digital Millennium Copyright Act (“DMCA”) “notice-and-takedown” provisions, you can skip ahead.

Overview

In the age of social media, the most powerful, iconic brands are subjects of enthusiastic sharing, support and public discussion. Few passions run as deep as those for a beloved sport, team, player or country. As with any online fan community, rights holders face the challenge of balancing the need to maintain control over valuable assets with a recognition of the desire of their most passionate fans to share, critique, analyze and comment on every play of the big game or each piece of news to come out about their favorite player or program. Commentary without use of any logos, photos, video clips, quotes etc. would be dry and sterile and would be far less likely to foster faithful following, inspire long-term loyalty, drive attendance, expand multi-screen viewership, or generate additional demand for tickets, team merchandise and other commercial products, services and experiences.

Fair Use in Copyright and Trademark

YourSports takes an expansive view of the fair use doctrine in copyright and trademark law. Section 107 of the Copyright Act provides that “the fair use of a copyrighted work…for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

We believe the intrinsic newsworthiness of sporting events, coupled with the time-honored traditions of spirited debate, criticism and commentary among Fans and Foes alike, makes a compelling case under the four-factor test used by U.S. courts. The powerful brand affinity of sports fans is reinforced by familiar team colors, uniforms, symbols, and logos, making for a virtuous, beneficial cycle.

Nevertheless, YourSports recognizes that rights holders have a wide range of views on the subject, and we therefore believe a positive, collaborative approach is wise and therefore recommended. We are committed to working with brand owners to achieve the best outcome for all stakeholders. One of the best ways to ensure optimal outcomes and incentives is for stakeholders to claim their Networks.

Pure Information vs. Media

Information itself, such as game scores, team rosters, win-loss records and other statistics, is not protectable by copyright. (Copyright covers works of authorship such as photos, video footage, written news reports and columns.) In creating Public News Networks, we compile and synthesize publicly available information from a wide range of sources.

Content by Source

It is important to distinguish content contributed by YourSports users (“user-generated content”) from that made available by the Service itself, either through content partnerships or in reliance on fair use principles. As a legal matter, the DMCA notice-and-takedown mechanism applies only to user-generated content. That does not mean that rights holders’ concerns will be disregarded. To the contrary, the Service is designed to make it easy for brand owners and their authorized representatives to choose whether to grant permission, update or correct attribution or links, or contact us to discuss other arrangements.

DMCA Notice and FAQ

YourSports is committed to protecting the intellectual property of third parties. On this page, rights holders will find information regarding how to report copyright and other intellectual property infringements by our users posting content on YourSports and answers to some frequently asked questions (“FAQs”) regarding our policies. If you are concerned about the removal of your content, you may file a “counter-notice.” You can do so through the process described in the email notification you received.

To report apparent infringement of your copyright or other intellectual property right (for example, trademark) by YourSports or a YourSports user, please fill out our automated IP infringement form

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. This form is the fastest way to report any type of infringement. If you prefer, you may instead submit copyright infringement notices under the DMCA to our designated agent (information below). We hope that rights holders will think twice, maybe even thrice, before reporting apparent infringement instances and will take the time to carefully weigh the potential benefits of enhanced brand exposure, effective imprinting and expanded online distribution. At YourSports, we stand ready to discuss potential partnerships with an eye on creating satisfactory outcomes for all parties. It may not always be readily apparent, but we frequently find that “opponents” are often playing on the same team, pursuing common goals.

Frequently Asked Questions

What happens after I send the report?
We will make every effort to review your report as quickly as we can. So long as everything appears to be in order, we will promptly remove or disable access to the content. We will also notify the user and, if requested, provide your report to the user. We will terminate repeat infringers when appropriate.

What is the contact information for your DMCA designated agent?
Please keep in mind that the fastest way to send our designated agent a DMCA notice of copyright infringement is by using our automated DMCA form. Nevertheless, if you wish to contact our designated agent through traditional (and slower) methods, the contact information for our designated agent is:

YourSports
Attn: YourSports Designated DMCA Agent
126 2nd Avenue, Suite 200
San Mateo, CA 94401

1-800-477-5103 (phone)
1-800-477-5103 (fax)
ip@yoursports.com

Can I report the infringement of someone else's intellectual property rights?
If you are not the IP owner (or the authorized representative of the owner), you cannot report a suspected infringement to us. If you believe that content on the YourSports website violates another party's IP, you should advise the rights owner directly.

DMCA Counter-Notification and FAQ

Appealing a Claim of Copyright Infringement Made Under the DMCA (Counter-Notification)

If YourSports has informed you that we have removed content you posted on the site because we received notice from a third party that the content infringes their U.S. copyright(s), then you may be eligible to file a counter-notification under the United States Digital Millennium Copyright Act (DMCA). This page has more information about appealing the removal of your content, in appropriate circumstances, by submitting a DMCA counter-notification.

Why was my content removed?

YourSports respects the copyrights of others, and we prohibit users from uploading, posting or otherwise transmitting on the Service any materials that infringe another party's copyrights.

What is the DMCA, and how does it affect my appeal?

We comply with the notice and takedown procedures defined in section 512(c) of the Digital Millennium Copyright Act (“DMCA”). While YourSports does not tolerate copyright infringement, we also do not tolerate false claims of infringement. If you believe that content that you posted on the site was removed as a result of mistake or misidentification, you may be eligible to file a DMCA counter-notification.

Appealing a Claim of Copyright Infringement Made Under the DMCA (Counter-Notification)

Upon submission of an effective DMCA counter-notification, we will forward it to the reporting party. If the reporting party does not notify us that it has filed an action seeking a federal court order to restrain you from engaging in infringing activity on YourSports related to the material in question within 10-14 business days, your content may be eligible for restoration under the DMCA.

An effective DMCA counter-notification must contain your name, address and telephone number, among other information, and the party who reported your content can use that information to assist them in filing an action against you in court. This means that YourSports is required to pass the contact information you provide in the counter-notification to the reporting party.

How do I know whether I should file a counter-notification?

If you are uncertain whether you should file a DMCA counter-notification, we recommend that you seek the advice of an attorney, ideally one who specializes in intellectual property law.

There may be adverse legal consequences if you submit a false DMCA counter-notification or submit one in bad faith. If you file a false counter-notification, you could be liable for damages and attorney’s fees under section 512(f) of the DMCA, among other things.

After taking all of the above into careful consideration, if you believe that content that you posted on the site was removed as a result of mistake or misidentification, you may file a DMCA counter-notification with our designated agent:

YourSports
Attn: YourSports Designated DMCA Agent
126 2nd Avenue, Suite 200
San Mateo, CA 94401

1-800-477-5103 (phone/fax)
ip@yoursports.com