NotCommon Fair Use Policy Regarding Copyrighted Material

NotCommon is committed to providing a transparent and secure platform for verifying the authenticity of online identities and preventing fraud. As part of this mission, NotCommon analyzes publicly available digital profiles, which may include copyrighted material such as names, social media handles, official websites, and avatars. NotCommon’s use of such material is intended to fall within the bounds of fair use under copyright law.

Principles of Fair Use

Fair use is a legal doctrine that permits limited use of copyrighted material without requiring permission from the copyright holder. Courts consider four factors when determining whether a use is fair:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes: NotCommon's use is primarily for non-commercial purposes, specifically for identity verification and fraud prevention. While NotCommon is a for-profit entity, the use of copyrighted material is not directly for commercial gain or exploitation of the creative work itself. The commercial benefit derives from the identity verification service provided, which relies on the transformative analysis of publicly available data. The use is analytical and informational, not for entertainment or artistic expression.
2. The nature of the copyrighted work: NotCommon typically uses publicly available material that has already been disseminated by the copyright holder, such as profile pictures and publicly shared text. This favors fair use, as the material is factual and has already been made available to the public.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole: NotCommon uses only limited portions of copyrighted works, such as profile pictures (avatars), usernames, and brief excerpts of publicly posted text. This is typically the minimum necessary to perform identity verification and is not a substantial portion of the original work.
4. The effect of the use upon the potential market for or value of the copyrighted work: NotCommon's use does not harm the potential market for the original copyrighted work. The use is transformative and does not substitute for the original work. The use is for identification and verification purposes, not for commercial exploitation of the original work's creative or artistic value.

NotCommon's Specific Use Cases and Fair Use Justification:

• Names and Social Media Handles: Using names and handles is necessary for identifying and linking different online profiles to a single individual or entity. This use is factual and informational, not creative or expressive.
• Official Websites: Displaying official websites helps establish the legitimacy of an online presence. This use is informational and serves to direct users to the original source of the information.
• Avatars (Profile Pictures): Displaying avatars is essential for visual identification and helps users quickly recognize profiles. The use of avatars is limited to thumbnail-sized images no larger than 150x150 pixels and is not intended to reproduce or exploit the artistic value of the original image.
• Limited Excerpts of Publicly Posted Text: In some cases, NotCommon may display small excerpts, limited to 200 characters, of publicly posted text to verify identity or context. This use is limited to short quotations necessary for identification and analysis and does not constitute a substantial portion of the original work. The process of aggregating and analyzing this data to create identity profiles constitutes a transformative use of the source material. NotCommon uses only the minimum amount of copyrighted material necessary to perform its identity verification and fraud prevention functions. By preventing online fraud and identity theft, NotCommon contributes to a safer and more secure online environment. While NotCommon is a for-profit entity, the use of copyrighted material is not directly for commercial gain or exploitation of the creative work itself. The commercial benefit derives from the identity verification service provided, which relies on the transformative analysis of publicly available data.

Transformative Use:

NotCommon's use of copyrighted material is transformative. The information is not simply reproduced; it is analyzed, aggregated, and presented in a new context for the purpose of identity verification and fraud prevention. This transformative purpose weighs heavily in favor of fair use.

Disclaimer:

This fair use policy is intended to provide general guidance on NotCommon's use of copyrighted material. It is not legal advice. The determination of fair use is a fact-specific inquiry, and the outcome of any particular case may depend on the specific circumstances. If you believe that NotCommon’s use of your copyrighted material exceeds the bounds of fair use, please contact us at contact [at] notcommon [dot] com so we can address your concerns. We are committed to respecting intellectual property rights and will promptly review any legitimate claims of copyright infringement.