Yami Live Thailand Copyright Policy

Yami Live Thailand Pte. Ltd. (“Yami”) respects the intellectual property rights of others, and we expect you to do the same.

As a Thailand company, Yami Live Thailand is subject to the Thailand Copyright Act 2021. However, Yami also honors other copyright laws, including the United State Digital Millennium Copyright Act (“DMCA”).

This Copyright Policy applies to the website www.yami.co.th and the mobile application Yami Live Thailand and Yami Live Thailand (the “Platforms”) to address claims of infringement pertaining to copyrighted material owned or controlled by a third party.Copyright infringement

Yami’s Community Conventions, Broadcaster Agreement and User Agreement (“Yami’s Platform Rules”) do not allow live streaming or uploading any content that infringes someone else’s copyrights. Pursuant to Yami’s Broadcaster Agreement, each user is responsible for ensuring that they own or have the necessary permissions to the content that they upload or livestream on the Platforms. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of Yami’s Platform Rules.

That said, not all unauthorized uses of copyrighted content will amount to infringement. The copyright laws of many countries recognize exceptions to copyright infringement which allow the use of copyrighted content under certain circumstances without authorization, for example:

• the fair use doctrine (in Singapore and the United States);
• the permitted acts of fair dealing in the European Union; and
• the permitted acts under Articles 26 and 43 of Indonesia’s Law on Copyrights (Undang-undang Nomor 28 Tahun 2014).

This Copyright Policy does not constitute legal advice and should not be treated as a substitute for legal advice. You should seek independent legal advice if you are in doubt as to whether any third party content which you intend to upload or include in your livestreams on the Platforms is protected by copyright.

Yami’s limited legal immunity as a platform provider

The Singapore Copyright Act 2021 (“SCA”) provides limited legal immunity from liabilities for Network Service Providers. By virtue of Section 313 of the SCA, Yami is a Network Service Provider as we “provide, or operate facilities for, online services or network access “. As such, in the event of any copyright infringement, Yami will not be liable under the SCA if Yami has complied with certain conditions imposed by the SCA and its subsidiary legislation.

Other jurisdictions may also have laws that limit the liability of online service providers as regards copyright infringements. These are known as “safe harbours” and, for example, can be found in the DMCA (17 U.S.C. § 512) and the EU Copyright Directive (Directive (EU) 2019/790) (at Article 17). A discussion on the different liability regimes is outside the scope of this Policy. However, Yami regularly reviews its policies (including this Copyright Policy), processes and technologies to ensure that it complies with its legal obligations and can rely on the “safe harbours” if applicable.

Yami’s enforcement of its Platform Rules prohibiting copyright infringements

Pursuant to Yami’s Platform Rules, Yami Live Thailand may take the following actions if any user is found to have infringed another person’s copyright:

• remove the infringing content;
• suspending or terminating the user’s account; or
• refusing new account registrations from the user.

The exact type of action Yami Live Thailand will take depends on the circumstances. In general, Yami’s policy is to deal with repeat infringers by terminating the user account, and if deemed necessary, to refuse the user from opening a new account on Yami’s website or app, or otherwise hosted by Yami Live Thailand. Repeat infringements are considered as two or more instances, as determined by Yami Live Thailand in our reasonable discretion, where a user has infringed the copyrights of another person.

Take-down notice

If you think any copyright of your material has been infringed, you may send a take-down notice to our Designated Agent (identified below) containing the following information:

1) Your legal name, mailing address, telephone number, and email address (if any);
2) A description of the copyrighted work that you claim has been infringed, and the name of the owner of the copyrighted work;
3) A description of where on the Platforms that you claim is infringing the copyright may be found, sufficient for Yami Live Thailand to locate the material (e.g., the URL);
4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
5) A statement that you require Yami Live Thailand to remove/disable access to the allegedly infringing material;
6) A statement that the information in your notice is accurate and, under the penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf;
7) A statement that you submit to the jurisdiction of the courts of Thailand for the purposes of any proceedings relating to liability under Section 324(2)(b) of the SCA.
8) Your electronic or physical signature.

Upon receipt of a valid take-down notice, Yami Live Thailand will take reasonable steps to remove or disable access to the material in accordance with the Act. As soon as the material has been removed or access disabled, Yami Live Thailand will take reasonable steps to notify the person who has posted the material (the “Respondent “).

EU Copyright Directive

Pursuant to Article 17 of the Copyright Directive (EU 2019/790), if you want to make an enquiry about granting an authorisation to Yami Live Thailand to make your copyright-protected works available on Yami Live Thailand, please contact our Designated Agent and provide the following information (“Required Information”):

1) Your full name
2) Name of the copyright owner
3) Your email address
4) Your physical address
5) Your phone number
6) (If you are not the copyright owner), your relationship to the copyright owner.
7) Evidence of rights and authorization (e.g. registration certification, license agreement, power of attorney, a signed letter with your organization’s letterhead)
8) Details of the content you wish to authorize (type of content, number of individual pieces).

We will review your request and be in touch.

If you want to request that your music or audiovisual works are made unavailable in the EU, you may write to our Designated Agent with the Required Information any other reasons or information you think are relevant for Yami Live Thailand to assess your request. Upon receiving this information and validating your request, Yami Live Thailand will use its best efforts to ensure that your copyright work is made unavailable on Yami Live Thailand Platforms in the EU.

Designated Agent

You may send a take-down notice or any inquiries concerning copyright to our Designated Agent:

Yami Live Thailand Company ltd.,
111 Building A 5th Floor Room number 504
Praditmanutham Road Ladprao, Lat Phrao District
Bangkok 10230

Phone: +66 2 072 899 ext. 504

Email: [email protected]