{"id":911,"date":"2021-09-22T11:23:21","date_gmt":"2021-09-22T11:23:21","guid":{"rendered":"https:\/\/kind-clarke.207-244-248-180.plesk.page\/?page_id=911"},"modified":"2021-10-03T21:56:30","modified_gmt":"2021-10-03T21:56:30","slug":"dmca-compliance","status":"publish","type":"page","link":"https:\/\/www.canvasartbay.com\/fr\/dmca-compliance\/","title":{"rendered":"DMCA Compliance"},"content":{"rendered":"
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DIGITAL MILLENNIUM COPYRIGHT ACT<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Baie d'art en toile<\/strong>\u00a0supports 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 recognition of artists. We humbly request that no person posts work on\u00a0Canvas Art Bay\u00a0that may be infringing on the intellectual property of other artists, companies, and their trademarks! By doing so, you will be helping\u00a0Canvas Art Bay\u00a0set roots as a trustworthy and ethically sound company that operates with full integrity.<\/span><\/p>

There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, generally speaking\u2026<\/span><\/p>

COPYRIGHT<\/strong>\u00a0law 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.<\/span><\/p>

TRADEMARK<\/strong>\u00a0law protects the use of words, symbols, designs or logos that identify and distinguish a source of goods.<\/span><\/p>

PUBLICITY RIGHTS<\/strong>\u00a0protect an individual\u2019s name, image, and likeness. Basically, this means you can\u2019t use someone else\u2019s identity, to your commercial advantage, without their consent.<\/span><\/p>

A NOTE ON FAIR USE<\/strong><\/span><\/p>

You might be able to incorporate someone else\u2019s copyright or trademark into your own work, if you do it in such a way that that is considered \u201cfair use\u201d or in such a way that qualifies as another permissible use. However, please be aware that \u201cfair use\u201d typically applies in limited circumstances and isn\u2019t the same as \u201cfreedom of speech\u201d. Quite frankly \u201cfair use\u201d is a difficult concept, even for the experts, and the scope of \u201cfair use\u201d is different in different countries. So even if you think you\u2019ve created a work covered by \u201cfair use\u201d or another permissible use, you should talk to an attorney prior to using it in connection with the Canvas Art Bay service. While some uses might appear \u201cfair\u201d or permissible to you, we ask that you understand that Canvas Art Bay 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.<\/span><\/p>

Ultimately, you take full responsibility for the works you upload and display on\u00a0Canvas Art Bay. This is reflected in our\u00a0TERMS OF SERVICE<\/strong>. Use of the\u00a0Canvas Art Bay\u00a0website indicates continued acceptance of this Agreement.<\/span><\/p>

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\u2019s an individual or a large global company), obtain consent before you use that work in connection with the\u00a0Canvas Art Bay\u00a0service. This will help ensure that you don\u2019t infringe the rights of any third party and help us promote an encouraging and inspired environment at WCM filled with wit, soul, meaning and aesthetic genius.<\/span><\/p>

REPEAT INFRINGER POLICY<\/strong><\/span><\/p>

It is Canvas Art Bays\u2019 policy, in appropriate circumstances, to disable and\/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademark rights, other intellectual property rights or publicity rights of others.<\/span><\/p>

INFRINGEMENT NOTICE AND TAKEDOWN PROCEDURE:<\/span><\/h3>

Canvas Art Bay\u00a0respects the intellectual property rights of others and we ask our users to do the same.<\/span><\/p>

** If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify Canvas Art Bays\u2019 designated agent for complaints (contact email below) by sending a Notice and Takedown Report, which must include the following important information:<\/span><\/p>

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;<\/span>
    2. a description of the matter claimed to have been infringed;<\/span>
    3. a description of where the claimed infringing content is located on the Canvas Art Bay\u00a0site.<\/span><\/li>
  2. your address, telephone number, and email address;<\/span>
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;<\/span>
    6. a statement by you, made under penalty of perjury, that:<\/span>
    a. the above information is accurate; and<\/span>
    b. you are authorized to act on behalf of the owner of the rights involved.<\/span><\/li><\/ol>

    Canvas Art Bays\u2019 Designated Agent for complaints can be reached at: legal@canvasartbay.com<\/span><\/strong><\/span><\/p>

    Additionally, in certain circumstances,\u00a0Canvas Art Bay\u00a0may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights or other rights of others purposely.<\/span><\/p>

    If Your Work Has Been Included in a Notice\/Takedown Report<\/span><\/p>

    If the\u00a0Canvas Art Bay\u00a0Content 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.<\/span><\/p>

    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.<\/span><\/p>

    We have a legal obligation to act on reports filed in accordance with our IP\/Publicity Rights Policy.<\/em><\/span><\/p>

    While the work may not have been a direct copy of someone else\u2019s work, it may contain elements, logos, or personal likenesses which may infringe on another\u2019s rights.<\/span><\/p>

    If you believe a report was in error or should not apply to your work, you have the right to lodge a counter-notification.<\/span><\/p>

    We do apologize that we are legally not able to provide individual copyright, trademark or publicity rights advice, or give personal opinions on these matters.<\/strong><\/span><\/p>

    We recommend that you research the relevant copyright, trademark and publicity rights laws and their application to your work on the Internet (a few links below), or consult an I.P. specialist if you are unsure why your specific work may have been included in a Notice and Takedown Report.<\/span><\/p>