DMCA – Gleam Wall Decor

DIGITAL MILLENNIUM COPYRIGHT ACT

GLEAM WALL DÉCOR supports the Art community as a whole in every way that we can! We built our community entirely based on the core fundamentals regarding respect and commision of the artists. We humbly request that no person posts work on GLEAM Wall Décor that may be infringing on the intellectual property of other artists, companies, and their trademarks! By doing so, you will be helping GLEAM Wall Décor set roots as a trustworthy and ethically sound company that operates with full integrity.

There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, generally speaking…

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. Basically, this means you can’t use someone else’s identity, to your commercial advantage, without their consent.

A NOTE ON FAIR USE: You might be able to incorporate someone else's copyright or trademark into your own work, if you do it in such a way that that is considered "fair use" or in such a way that qualifies as another permissible use. However, please be aware that “fair use” typically applies in limited circumstances and isn’t the same as “freedom of speech”. Quite frankly “fair use” is a difficult concept, even for the experts, and the scope of “fair use” is different in different countries. So even if you think you’ve created a work covered by “fair use” or another permissible use, you should talk to an attorney prior to using it in connection with the GLEAM Wall Décor service. While some uses might appear “fair” or permissible to you, we ask that you understand that GLEAM Wall Décor must act in accordance with its Notice and Takedown procedure when a report has been received. Additionally, certain works may be taken down without a specific report being received if we are otherwise alerted or aware of potential infringement issues.

Ultimately, you take full responsibility for the works you upload and display on GLEAM Wall Décor. This is reflected in our TERMS OF SERVICE. Use of the GLEAM Wall Décor website indicates continued acceptance of this Agreement.

So please do us all a favor and if someone has created or owns the rights to a picture, painting, photograph, logo, story, poem or any other work, copyright, trademark or publicity right (regardless of whether it’s an individual or a large global company), obtain consent before you use that work in connection with the GLEAM Wall Décor service. This will help ensure that you don’t infringe the rights of any third party and help us promote an encouraging and inspired environment at GLEAM Wall Décor filled with wit, soul, meaning and aesthetic genius.

SECTION TWO

When a person creates an original work that is fixed in a physical medium, that person automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including audiovisual words, sound recordings and musical compositions, written works, visual works, video games and computer software, and dramatic works.

In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.

GLEAM Wall Décor accepts unsolicited designs from independent artists who are informed and have agreed to GLEAM Wall Décor policies concerning the intellectual property rights of others. All designs selected by GLEAM Wall Décor are new, original, and/or transformative works that may parody, satirize, or provide social commentary on other copyrighted works. GLEAM Wall Décor and the selected designs make only fair use of the copyrighted works of others. GLEAM Wall Décor respects the copyrights of others, and GLEAM Wall Décor is not affiliated with the owners of the copyrights to which the selected designs may refer.

It is GLEAM Wall Décor policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. GLEAM Wall Décor response may include removing or disabling access to a design claimed to be infringing. If GLEAM Wall Décor removes or disables access in response to such a notice, GLEAM Wall Décor will make a good-faith attempt to contact the independent artist who submitted the design to GLEAM Wall Décor so that the artist may make a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.

Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA.

Notice of Copyright or other Intellectual Property Infringement

Please notify us if you believe any of your intellectual property rights have been infringed by us or any user of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), gleamwalldecor.com designates the following individual as its agent for receipt of notifications of claimed infringement: by first or second class mail to gleamwalldecor.com, Attn: Legal Department, by email to office@gleamwalldecor

To be effective the notification should include:

a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed;
identification of the copyright work or other material claimed to have been infringed, or if multiple works are covered by a single notification, a representative list of such works;
identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material;
information sufficient to allow us to contact the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed.

If you fail to comply with all of these requirements, your DMCA notification may not be valid. You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA. If you believe that any content posted by you has been removed in error, you may submit a counter-notification in compliance with the DMCA.

To be effective, the counter-notification must include:

your physical or electronic signature;
identification of the material that has been disabled, and the location of the material before it was removed,
a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material; and
your name, address, and phone number, and a statement confirming that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which site or the objectionable material may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.

STATEMENTS:

When you send us DMCA report, we understand that you have read and accepted statements below:

*I have a good faith belief that content(s) in the campaign described above violate(s) my rights described above or those held by the rights owner, and that the use of such content(s) is contrary to law.

*I declare, under penalty of perjury, that the information completed above is correct and accurate and that I am the owner or agent of the owner of the rights described above.

CONTACT US:

office@gleamwalldecor.com