Our Policy on Copyright, Trademark, and Publicity Rights
ArtworkTee is a platform for artists and creators to post their own work. Make sure that any work you publish is consistent with our Terms of Service. ArtworkTee only works when everyone works to make sure to follow these guidelines, which include posting only your own work with no work from anyone else, unless you have written permission of their consent to use their work. Not only is it against our policies, but it may be against the law to use someone else’s work. The exact laws vary from country to country, but ArtworkTee is subject to U.S. Federal Law, which outlines several important principles, including:
COPYRIGHT – The right by law to be the entity which determines who may publish, copy and distribute a piece of writing, music, picture or other work of authorship.
TRADEMARK – A word, symbol, or phrase used to identify a particular company’s product and differentiate it from other companies’ products.
PUBLICITY RIGHTS The right of an individual to control the commercial use of his or her name, image, likeness, or other identifying characteristics.
FAIR USE – doctrine in intellectual property law that permits one party to make use of another party’s protected intellectual property (such as a copyright or trademark) under narrowly defined circumstances.
(Definitions by Wikitionary)
Important Distinctions on Fair Use and Parody: Fair use, as defined above, does not give you unlimited use of others’ copyrighted material. Using someone else’s copyrighted or trademarked work may be permissible, however, you must adhere as much as possible to fair use and parody as outlined in U.S. law. The circumstances where fair use applies are quite limited, and we are not a law firm, nor do we give legal advice, so do your own research and consult legal counsel if you need direction in this matter. Even if these steps are taken, ArtworkTee must comply with the law and honor takedown requests when they are received from the owner of a copyright. In addition, works may be removed if in our discretion we are reasonably certain that infringement is taking place, even if a takedown notice is not received.
Another suggested route to take is to ask the owner of the original copyright if your work may be displayed and sold, if there’s any question as to if your work falls under fair use. Keep in mind that copyright applies in almost every circumstance when a work is created, whether by just one individual or a large corporation. Copyright does apply to all creative works, which might include music, drawings, works of fine art, business logos, videos, movies, and many, many more. Make sure you have the rights to use the intellectual property, or make a work that is transformative (i.e. there is no confusion between their own intellectual property and your own). By following these steps, you can make sure that ArtworkTee is a welcoming and artist-focused environment that everyone can enjoy.
MULTIPLE VIOLATION POLICY
It is ArtworkTee’s policy, when appropriate, to remove the accounts of users that repeatedly infringe on the copyright, trademarks, or publicity rights of others, whether knowingly or unknowingly.
Notice & Takedown reports – policies and guidelines:
ArtworkTee fully respects U.S. copyright and trademark law and will take all appropriate steps to abide by it.
If you are the owner of a copyrighted work, intellectual property, or publicity right, and you believe that your property has been used without your permission, please notify ArtworkTee’s copyright policy manager (contact email below) by sending a Notice and Takedown Report. A Notice and Takedown Report must have the following information:
- an electronic or physical signature of the owner or a person authorised to act on behalf of the owner of the intellectual property in question;
- A written description of the infringement claimed to have taken place, including photos of the copyrighted content if applicable;
- The URL on ArtworkTee where the infringing material is located
- your physical address, telephone number (including area code and country code), and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information is accurate, and you are the owner of the content or are fully authorised to act on behalf of the owner of the rights involved.
ArtworkTee’s copyright policy manager can be reached at: firstname.lastname@example.org Please direct all messages to this address.
Additionally, in certain circumstances, ArtworkTee may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights or other rights of others purposely.
AFTER A TAKEDOWN REPORT
If the ArtworkTee copyright policy staff receives a legitimate Notice and Takedown Report which specifically notes one or more of your works, the noted works will have been removed in compliance with the DMCA (Digital Millennium Copyright Act) and other applicable laws. These works will no longer be available on the site for sale, nor are they editable from the artist profile.
Notice and Takedown reports that have been received often cover works by multiple artists, and by complying with a takedown request we do not take a position as to if your work infringes on copyright, publicity rights, or trademark law. Keep in mind that even if your work does not contain any copyrighted material, it may contain trademarks, wordmarks, or likenesses of persons. We are legally obligated by the DMCA, U.S. Copyright law, and other applicable laws to act on accurate reports filed in accordance with our policy. If you think that a takedown has been mistakenly filed, then see below how to file a counter-claim with the ArtworkTee copyright policy manager.
By law we are not able to give legal advice or opinions on individual cases, whether cases related to publicity rights, copyright law, trademark infringement, or other legal matters. Rather, it is recommended that you research the relevant statues and ask a lawyer if needed. To help on your research, here are some helpful links to learn more information:
HOW TO FILE A COUNTER NOTICE
If you believe that a copyright claim has been filed erroneously against your work, you can send us a counter notice. For example, if you have permission from the copyright or trademark holder, or if your work was identified in error.
Make sure to include the following information in your counter-notification:
- An electronic or physical signature of the owner or a person authorised to act on behalf of the owner of the intellectual property in question.
- A picture or description of the content that was removed.
- your address, telephone number, and email address.
- A written statement of consent to the jurisdiction of the relevant Federal District Court and that you will accept service of process from the person who provided notification described above or an agent of such person.
- a statement by you that, under penalty of perjury, you have a belief in good faith that the material was removed from ArtworkTee as a result of mistake or misidentification of the material.
- You can send a counter notice to email@example.com
If your counter notice is received but your work does not follow the ArtworkTee Terms of Service or Copyright policy, it may be possible that your work can’t be reinstated on ArtworkTee. Further communication with you or the claimant may be necessary to make the correct decision.
It may be necessary to forward your counter notice directly to the person(s) who filed the original complaint, which will include your contact information, so that you may work out the copyright dispute. By law, filing a counter complaint, you do give the permission, though not the requirement, to take legal court action against you in the United States. However, if after 14 days, the persons who originally filed the copyright complaint have not taken legal action against you, you have the ability to contact us to ask that we reinstate your work. If your work otherwise is in compliance with our copyright policy and terms of service, we may put your work back on the site.
For more information about copyright claims and counter claims, please see the following links: