Copyright Policy

1. Purpose and scope

INDO CHATS PRIVATE LIMITED respects the rights of creators, and expects everyone who uses Indo Mail to do the same. This policy explains how we deal with claims that something on Indo Mail infringes copyright. It is written for copyright owners and their agents who want to report infringement, and for Indo Mail users who have received a complaint about their content.

This policy follows the Copyright Act, 1957 and the Copyright Rules, 2013, and applies to content in all parts of Indo Mail. For notices based on United States law, see our DMCA Policy. For our general rules on ownership, see the Intellectual Property Policy.

2. What this policy does not cover

• Private email. Indo Mail does not read private mail to look for infringement. A copyrighted file sent in a private message is not something we can see or remove, and we only act on private mail where a court or competent authority orders us to.
• Trade marks and impersonation. Complaints about brand names, logos or lookalike senders are handled under the Trademark Policy.
• Privacy, defamation and other claims. These are dealt with under other policies or by complaint to our Grievance Officer.
• Licensing disputes between people. We cannot decide who owns a work when two people both claim it. We act on the rules in this policy and leave the dispute to be settled between the parties or by a court.

3. Where infringement can occur on Indo Mail

Because Indo Mail is a suite of 21 apps on one account, copyright issues are most likely to arise where content can be seen by the public or by many people. These are the main places:

4. Our responsibilities and yours

Indo Mail users must have the right to use and share everything they upload, send or publish. Using the work of others without a licence, or beyond what a licence permits, can be an offence under the Copyright Act, 1957, and can lead to a claim for damages.

As an intermediary under the Information Technology Act, 2000, Indo Mail does not select or edit the content that users make public. We do, however, act on proper notices. When we receive a valid complaint, we respond as set out in this policy.

5. Notice-and-takedown under section 52(1)(c)

Section 52(1)(c) of the Copyright Act, 1957 protects the transient or incidental storage of a work for the purpose of providing electronic links, access or integration, unless the provider knows or has reasonable grounds for believing the stored copy is infringing. The proviso says that on receiving a written complaint from the copyright owner that the storage is an infringement, the provider must refrain from facilitating access for 21 days, or until a competent court orders otherwise, whichever is earlier. Rule 75 of the Copyright Rules, 2013 describes the contents of the complaint.

In practice, this is how Indo Mail follows the process:

• Day 0: you send a written notice with the details in section 6 to legal@indoemail.in with the subject 'Copyright notice'.
• Within 2 working days: we check that the notice is complete and, if not, tell you what is missing. We do not act on incomplete notices.
• On a complete notice: we promptly disable access to the content you identified, and for 21 days we do not restore it.
• Notice to the user: we tell the account holder what was removed and why, and give them a copy of the notice, with personal details of the complainant kept to the minimum needed. The notice may include your name and contact details.
• Within 21 days: if you obtain an order from a competent court restraining the content, send us a copy and we will comply with the order.
• After 21 days: if we have not received a court order, we may restore access to the content, unless the user's own acts or a later notice give us a fresh reason not to.

Disabling access is a protective step and not a finding that the content infringes. We do not decide who is right. Courts do.

6. What a copyright notice must contain

To protect both sides, a notice must be in writing and include all of the following. Please write in English or Hindi.

• Your details: full name, address, email address and telephone number. If you act for the owner, say so and include proof of your authority.
• The work: a clear description of the copyrighted work, including its title, the date and place of creation or publication, and if applicable the registration number.
• Proof of ownership: evidence that you own the copyright or an exclusive licence, such as a registration certificate, a publishing agreement or dated original files.
• The infringing material: the exact location of the content on Indo Mail, such as the full Drive share link, album link, Business Profile address or ad ID, so we can find it without guessing.
• The reason: a short statement of why you say the use is an infringement and is not permitted by licence, by law or by fair dealing under section 52.
• The person responsible: if you know it, the name or Indo Mail address of the person who made the content available.
• A statement of good faith: that the information is true and complete, that you have a good-faith belief the use is unauthorised, and that you are, or are authorised to act for, the copyright owner.
• Your signature: a typed full name is accepted for email.

Please do not send the entire copyrighted work to us unless it is needed as proof. Send a link or a small sample.

7. What happens to the user: counter-notice

Indian law does not set out a formal counter-notice procedure. Because fairness requires that the person whose content is removed has a say, Indo Mail offers a voluntary one.

• A user who believes content was removed by mistake or that they have permission may send a counter-notice to legal@indoemail.in with the subject 'Copyright counter-notice'.
• It must include their name, Indo Mail address, address and telephone number; a description of the content and where it was before removal; a clear explanation of why they have the right to use it, with proof such as a licence, permission or their own original files; and a statement that the information is true, made in good faith.
• It must be signed (a typed name is acceptable) and include an agreement that the courts of Kolkata, West Bengal may hear any dispute about the matter.
• We send the counter-notice to the complainant. Unless the complainant shows us within 21 days of the original notice that they have gone to court, we may restore the content after the 21 days have ended.
• If the complainant does go to court, we follow the court's orders.

A user who believes a use is fair dealing, such as for criticism, review, news reporting, research or private study, should explain this in the counter-notice. Fair dealing is a defence recognised by section 52(1)(a) of the Copyright Act, 1957.

8. Repeat infringers

Indo Mail will close the accounts of people who repeatedly infringe copyright on the service. We apply a clear ladder:

• First valid notice: the content is disabled and the user receives a warning explaining the rules.
• Second valid notice within 12 months: sharing features on the account may be limited, such as public Drive links or public albums.
• Third valid notice within 12 months: the account may be suspended or closed, and the person may be barred from opening another Indo Mail account.
• Serious cases: where an account is plainly used to distribute pirated material, for example a library of films or paid courses, we can close it on the first occasion.

A notice is counted only once it has been found valid and has not been successfully challenged by a counter-notice or a court order. We also look at the nature of the content, because a pirate distribution site is not treated like an honest mistake. Closure follows our usual enforcement and appeal steps.

9. False or abusive notices

Copyright notices have consequences for real people. A person who knowingly sends a false notice, claims rights they do not hold, or uses the process to silence criticism, harass a competitor or remove lawful content, may be held responsible under Indian law for the harm caused, including civil damages and, in some cases, criminal liability. We may also refuse further notices from that sender.

Before you send a notice, please consider whether the use might be fair dealing, whether you have licensed the work, and whether you really own the rights. If you are unsure, take legal advice. If you find that a notice you sent was a mistake, withdraw it by writing to legal@indoemail.in and we will restore the content.

10. Court orders and dynamic injunctions

We comply with valid orders of Indian courts that direct us to remove or block content. Please send the order, with the URLs it covers, to legal@indoemail.in. We handle an order more quickly when it lists the exact addresses and account names concerned, rather than a general description.

11. Privacy of notices

We handle the personal data in notices in line with our Privacy Policy and the Digital Personal Data Protection Act, 2023. We share notices with the affected user, with the courts or authorities where the law requires, and with professional advisers. We may publish a summary of notices, without personal details, in a transparency report.

12. Tips for avoiding infringement

• Share only files you made yourself, or that you have a licence or written permission to share.
• Do not post films, songs, books, software, paid courses, exam papers or photographs belonging to others.
• Give credit where you are allowed to quote, but remember that credit alone is not permission.
• Do not use a photograph from the web in an ad or a Business Profile unless the licence allows commercial use.
• If you receive a notice, read it carefully. Remove the content if you have no right to it, or send a counter-notice if you believe you do.

13. Contact

Copyright notices and counter-notices: legal@indoemail.in, subject 'Copyright notice' or 'Copyright counter-notice'. Questions about this policy: legal@indoemail.in. Complaints about how a notice was handled: Salena, Grievance Officer, INDO CHATS PRIVATE LIMITED, grievance@indoemail.in. Postal address: INDO CHATS PRIVATE LIMITED, 168, GT Rd, near Aloka Cinema, Shibpur, Howrah, West Bengal 711102, India.

This document is governed by the laws of India.