WHOOPS!
There are several international treaties that relate to intellectual property, but laws relating to this are not uniform across the world. In general…
COPYRIGHT law protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.
TRADEMARK law protects the use of words, symbols, designs or logos that identify and distinguish a source of goods.
PUBLICITY RIGHTS protect an individual’s name, image and likeness.
A NOTE ON FAIR USE: In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in many countries, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary. Qwertee accepts unsolicited designs from independent artists who are informed and have agreed to Qwertee’s policies concerning the intellectual property rights of others. All artist’s certify that their design is entirely their work and does not infringe upon the rights of others (see artist’s agreement for more). Qwertee does not produce, nor owns the rights to any of the designs that have been submited for voting, or that are put up for sale. All rights belong to the individual artists that submitted each design.
Notice and Takedown Procedure - Reports and Complaints
Qwertee respects the intellectual property rights of others and we insist our users to do the same.
If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify Qwertee’s designated agent for complaints (contact email below) by sending a Notice and Takedown Report, which must include the following important information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;
- a description of the matter claimed to have been infringed;
- a description of where the claimed infringing content is located on the Qwertee site. URLs should be in the following form:
- https://www.qwertee.com/product/name-of-design.
- your address, telephone number, 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 authorised to act on behald of the owner of the rights involved
Qwertee's Designated Agent for complaints can be reached at: dmca@qwertee.com
If Your Work Has Been Included in a Notice/Takedown Report
If the Qwertee Team has received a Notice and Takedown Report which specifically notes one or more of your works, the noted works will have been removed. You will not be able to view or update these works.
The Notice and Takedown Report that has been received may or may not have also included other works by other artists, and by removing the work, we are not stating that your work does or does not infringe copyright, trademark or publicity rights law.
We have a legal obligation to act on reports filed in accordance with our IP/Publicity Rights Policy.
While the work may not have been a direct copy of someone else's work, it may contain elements, logos, or personal likenesses which may infringe on another's rights.
If you believe a report was in error or should not apply to your work, you have the right to lodge a counter-notification.
Please note that Qwertee is legally not able to provide individual copyright, trademark or publicity rights advice, or give personal opinions on these matters.
We recommend that you research the relevant copyright, trademark and publicity rights laws and their application to your work on the Internet, or consult an I.P. specialist if you are unsure why your specific work may have been included in a Notice and Takedown Report.
Filing a Counter Notice
If you believe that removal of the content is the result of a mistake (for example, that you have authorisation) or misidentification, you can send us a counter-notice. Such counter-notice must provide the following information:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;
- a description of the content which we have removed, including the URL on which the content was located on the Qwertee site;
- your address, telephone number, and email address;
- a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- You can send a counter notice to dmca@qwertee.com
If we receive your counter-notice but your work does not comply with the Qwertee User Agreement and/or IP/Publicity Rights Policy, we may inform you that we are not be able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated.
In many circumstances, however, we will forward your counter notice directly to the complainant, which will include your personal contact information. At that time the complainant may take legal court action against you. If after 14 days the complainant has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with our User Agreement and IP/Publicity Rights Policy, we may reinstate your work at that time.