Copyright

Rated Arts,LLC Copyright and Trademark Policy IP Takedown Procedure Copyright (DMCA) Infringements & Trademark Infringements

Last Updated April 4, 2023

PLEASE NOTE: This Takedown Procedure does not contain or constitute legal advice. You should consult with a lawyer if you have specific questions about your copyrights or trademarks, or the rights owned by others.

Section I: Introduction – Why Have a Takedown Procedure?

Rated Arts (“Rated Arts”, “we”, “us”, or “our”) is proud to offer an open, inclusive, and mutually-respectful community for artists, designers, makers, and buyers. While we endeavor to make everyone’s experience as free, enjoyable, and unfettered as possible, there a few legal obligations regarding copyrights and trademarks that we expect our community members and our website visitors to follow.

Our policy is to respect the copyrights and trademarks belonging to others, just as we expect others to respect Rated Arts copyrights and trademarks, and our members’ copyrights and trademarks. Our community members should do the same with regard to the rights of others. We expect our community members to know and comply with the applicable copyright and trademark laws of the United States, and to adopt industry best practices for preventing violations (infringements) of copyright or trademark rights.

For Rated Arts to obtain the important “safe harbor” protections against copyright infringement liability available under the Digital Millennium Copyright Act of 1998 (“DMCA”), the DMCA requires Rated Arts to establish a procedure for removing from our website (“taking down”) content that is claimed to infringe copyrights. This Takedown Procedure sets forth the steps Rated Arts takes to comply with the DMCA and address notifications of infringement.

As a discretionary (not legally-required) additional step, we have opted to make the Takedown Procedure applicable, with some modifications, to claims of trademark infringement.

The Takedown Procedure forms a critical part of our overall effort to respect the copyright and trademark rights of others, and at the same time respect the same rights of our community, while protecting our community members from attempts to abuse such rights.

The Takedown Procedure also forms a part of the Rated Arts Terms of Service (the “Terms”). Capitalized terms not otherwise defined herein will have the meaning ascribed to them in the Terms. In the event of any inconsistency between this Takedown Procedure and the Terms, this Takedown Procedure will prevail.

A community member who violates the Takedown Procedure also violates the Terms. One or more violations of the Takedown Procedure may lead to restrictions on the services we provide to you, and/or other consequences, including termination of your Rated Arts account, depending on the circumstances. We reserve the right to deem any design, artwork, text, or other content to be in violation of our policy about copyrights and trademarks, this Takedown Procedure, and/or the Terms. We also reserve the right to prohibit, suspend, disable, remove, and/or delete content that we deem to infringe others’ copyrights and/or trademarks, in our sole discretion.

“Contributors” refer to users who contributed content to Rated Arts that is claimed to infringe another person’s copyright or trademark.

“Submitters” refer to users who submit notifications to Rated Arts of claimed copyright or trademark infringement by Contributors.

“Flagged Content” refers to content on Rated Arts submitted by a Contributor that a Submitter claims is infringing.

Section II: Types of Rights Covered by the Takedown Procedure

The Takedown Procedure covers two primary forms of “intellectual property” – copyright and trademark:

Copyright:

• A copyright is a legal right protecting original works of authorship, including paintings, drawings, sketches, sculptures, books, movies, plays, videos, and songs. Copyright law incentives the authorship of new original works by protecting them from unauthorized copying. A copyright comes into existence the moment that an original work of authorship is “fixed” in some tangible medium of expression, which may be the work itself, as in the case of a painting or sculpture, or in a recording, or digital storage, among other methods.

Trademark:

• Trademarks identify the source of a product or service. Trademark law exists to prevent consumer confusion or deception in the marketplace while trying to distinguish goods or services from different sources, and to protect the brand equity and reputation (goodwill) that is part of a trademark’s value. A trademark can be a word, phrase, slogan, symbol, design, logo, or anything else perceivable by one or more of our senses, that serves as an indicator of the source of origin for a good or service, identifies the goods or services offered by that source, and/or distinguishes them from the goods and services of others. A trademark also communicates a consistent level of quality for a particular good or service.

Section III: Mechanics of the DMCA (Copyright) Takedown Procedure

In this section we describe how Rated Arts addresses notifications of claimed copyright infringement by Contributors. We explain the steps that copyright owners or their authorized representatives must take to provide us with a valid notification of claimed infringement, what we will do if we receive a valid notification, and the steps that our Contributors may take when their listings on our website are affected by the Takedown Procedure.

A. Reporting Copyright Infringement – DMCA Takedown Notice

1. If you believe in good faith that any artwork or content made available through the Services infringes upon your copyright rights, you may submit a notice of claimed copyright infringement (“DMCA Takedown Notice”) to us by providing all of the information listed below via email to  DMCA@RatedArts.com  Be sure to provide a copyright or trademark #. Any missing information may affect the validity of your DMCA Takedown Notice, and/or delay consideration of it.
2. If you are unable to email us a  DMCA Takedown Notice form, as an alternative, you may send us a compliant DMCA Takedown Notice by email or mail addressed to the Rated Arts Designated DMCA Agent provided in Section G, below.
3. To submit a DMCA Takedown Notice, you must be (i) the owner of the asserted copyright, or (ii) an authorized agent with permission by the owner to submit DMCA Takedown Notices on the owner’s behalf.
4. Please note that submitting a DMCA Takedown Notice is a serious matter, with potential adverse legal consequences to you. Intentionally submitting a misleading or fraudulent DMCA Takedown Notice may lead to Rated Arts taking action against you, including termination of your account. Submitting a fraudulent or misleading DMCA Takedown Notice may also expose you to liability for damages, fees, and costs under Section 512(f) of the DMCA, or similar laws in other countries.
5. Before you submit a DMCA Takedown Notice to us, you must consider in good faith whether the Subscriber’s use of the content you wish to report as infringing may be a permissible use under fair use or other applicable laws.
6. To be valid, a DMCA Takedown Notice must include all of the following information:

i. The complete name of, and physical or electronic signature by, the copyright holder or a person authorized to act on behalf of copyright holder.

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single page are covered by the DMCA Takedown Notice, a representative list of such works.

iii. Identification of the content on the Rated Arts website that is claimed to be infringing, or is the subject of infringing activity, and information reasonably sufficient to permit us to locate the content on our website (e.g. URLs of the allegedly infringing content)

iv. Information reasonably sufficient to permit us to contact the party submitting the DMCA Takedown Notice, such as a complete street address, telephone number, and (if available) an email address at which the party can be contacted.

v. A statement that the submitter has a good faith belief that the display, sale, or use of the content on the website is not authorized by the copyright owner, by its agent, or by applicable law (including the law of fair use).

vi. A statement that the information provided is accurate and, under penalty of perjury, that the complaining party is the owner of the exclusive right that is allegedly being infringed.

B. Steps We Take Upon Receipt of a DMCA Takedown Notice

1. Upon receipt of a DMCA Takedown Notice, we will acknowledge receipt to the Submitter, along with a statement that Rated Arts is reviewing the DMCA Takedown Notice to assess whether it complies with the DMCA.
2. If Society 6 rejects the DMCA Takedown Notice because it fails to comply with the DMCA or for any other reason, Rated Arts will not remove the Flagged Content, and we will not take action against the Contributor. The Submitter will receive a notification of the rejection of the DMCA Takedown Notice and the reason(s) therefor.
3. If Rated Arts determines that the DMCA Takedown Notice is valid, we will respond expeditiously to remove or disable access to the Flagged Content.
4. After removing or disabling access to the Flagged Content, Rated Arts will take reasonable steps to notify the Contributor that Rated Arts has removed or disabled access to the Flagged Content .
5. In addition to or in lieu of the above, Rated Arts may also provide the Contributor a copy of the DMCA Takedown Notification including the name and email address of the submitter.
6. Rated Arts may request additional information before processing a DMCA Takedown Notice, such as written verification of the information contained in the Takedown Notice, or documentation to support any of the information contained in the Takedown Notice.
7. Rated Arts reserves the right to reject a DMCA Takedown Notice that contains information we believe to be false, fraudulent, incomplete, or otherwise submitted in bad faith. Rated Arts also reserves the right to take action against abusers of the Takedown Procedure.

C. DMCA Counter-Notice

1. A “DMCA Counter-Notice” is a notification submitted by a Contributor asserting that the Flagged Content was removed or disabled unfairly or mistakenly, and requesting that the Flagged Content be restored to the Rated Arts website.
2. Rated Arts accepts a DMCA Counter-Notice by email sent to DMCA@RatedArts.com, but only in accordance with the DMCA’s provisions and requirements summarized below.
3. A DMCA Counter-Notice must be from the Contributor, or from an agent authorized to act on behalf of the Contributor.
4. All of the information below must be included for a DMCA Counter-Notice to be valid:

i. The name, address, telephone number and email address of the Contributor.

ii. Identification of the Flagged Content that was removed or disabled, including, if available, the URL(s) on which any Flagged Content appeared before it was removed or disabled.

iii. A statement under penalty of perjury that the Contributor has a good faith belief the Flagged Content was removed or disabled as a result of mistake or misidentification of the Flagged Content.

iv. A statement by the Contributor consenting to the jurisdiction of the Contributor’s U.S. Federal District Court, or, if the Contributor is located outside the United States, consenting to the jurisdiction of any Federal District Court in any jurisdiction where Rated Arts has a physical presence (e.g. offices).

v. A physical, typed, or electronic signature of the Contributor.

D. Steps We Take Upon Receipt of a Valid DMCA Counter-Notice

1. When Rated Arts receives a valid DMCA Counter-Notice, we endeavor to promptly provide a copy of the DMCA Counter-Notice to the original Submitter.
2. After receiving a copy of the DMCA Counter-Notice, the Submitter has ten (10) business days to notify Rated Arts Designated DMCA Agent that the Submitter has filed an action seeking a court order to restrain the Contributor from engaging in infringing activity related to the Flagged Content.
3. If Rated Arts receives no notice that an action has been filed, then Rated Arts may, but is not legally obligated to, replace and cease disabling access to the Flagged Content.

E. Repeat Copyright Infringers

1. Copyright infringement by a community member is strictly prohibited and violates our Terms.
2. Rated Arts policy provides for the termination in appropriate circumstances of selling privileges or accounts of members who are repeat infringers or are the subject of repeat or multiple valid DMCA Takedown Notices.

F. Withdrawal of DMCA Takedown Notice

1. Rated Arts permits a written withdrawal of a DMCA Takedown Notice. Rated Arts does not accept telephoned or texted withdrawals of a DMCA Takedown Notice.
2. The withdrawal of a DMCA Takedown Notice must be sent to DMCA@RatedArts.com by the Submitter.
3. The Submitter must expressly state that they are formally withdrawing their DMCA Takedown Notice, specifically identify (or provide a copy of) the DMCA Takedown Notice that is being withdrawn and, if Flagged Content has already been removed or disabled. sufficient information to identify the removed or disabled content (including listing URL, username, shop name, etc.).
4. Once Rated Arts receives a written formal withdrawal of a DMCA Takedown Notice, Rated Arts will make reasonable attempts to contact both the Submitter and Contributor to confirm receipt of the withdrawal from the Submitter. Withdrawals are reviewed and decisions made on a case-by-case basis, in Rated Arts sole discretion.

G. Rated Arts Designated DMCA Agent – Contact Info

The Rated Arts Designated DMCA Agent can be contacted by email, or mail follows:

Rated Arts
209 E 32'nd st
Los Angeles, CA 90011 USA

Attention: Copyright Agent, Legal Department

Email: DMCA@RatedArts.com

Section IV: Mechanics of the Trademark Takedown Procedure

In this section we explain how Rated Arts addresses claims against community members for trademark infringement. We explain the steps that owners of trademark rights or their authorized representatives must take to provide us with a valid takedown notice of trademark infringement, what we will do if a valid notice is submitted, and the steps that our members, sellers, or other posters of content can take when their listings on our website are affected by a trademark takedown notice.

PLEASE NOTE:

• Rated Arts accepts takedown requests for trademark infringement only if the Submitter owns and is asserting a relevant, live U.S. (federal) trademark registration for the allegedly infringed mark. Rated Arts is not in a position to evaluate the validity of trademark rights asserted as a state trademark registration, as a common law (use-based) mark, or as a mark registered in another country. Trademark takedown notices that assert these other types of trademark rights will be rejected as invalid.

• U.S. law does not include a trademark takedown process or procedure analogous to the DMCA. Rated Arts decision to offer a trademark takedown procedure is a voluntary undertaking, to be of better service to our community members and website visitors. Rated Arts may suspend or terminate, in its sole discretion, this trademark takedown procedure at any time without advance notice.

A. Reporting Trademark Infringement – Trademark Takedown Notice

1. If you believe in good faith that any artwork or content made available through the Services infringes upon your registered trademark rights, you may submit a notice of claimed trademark infringement (“Trademark Takedown Notice”) to us by providing all of the information listed below via our online Trademark Takedown Notice form. Be sure to fill out the form completely. Any missing information may affect the validity of your Trademark Takedown Notice, and/or delay consideration of it.
2. If you are unable to use our online Trademark Takedown Notice Form, as an alternative, you may send us a Trademark Takedown Notice by email to DMCA@RatedArts.com or by mail to the Rated Arts Designated Trademark Agent at the address provided in Section G, below
3. To submit a Trademark Takedown Notice, you must be (i) the owner of a live U.S. (federal) trademark registration, or (ii) an authorized agent with permission by the owner to submit Trademark Takedown Notices on the owner’s behalf.
4. Please note that submitting a Trademark Takedown Notice is a serious matter, with potential adverse legal consequences to you. Intentionally submitting a misleading or fraudulent report of trademark infringement may lead to Rated Arts taking action against you, including termination of your account. Submitting a fraudulent or misleading Trademark Takedown Notice may also expose you to liability for damages, fees, and costs under applicable law.
5. Before you submit a Trademark Takedown Notice to us, you must consider in good faith whether the Contributor’s use of the content you wish to report as infringing may be a permissible use of the registered trademark under fair use or other applicable law.
6. To be valid, a Trademark Takedown Notice must include all of the following information:

i. The complete name of, and physical or electronic signature by, the trademark holder or a person authorized to act on behalf of trademark holder.

ii. Identification of the trademark and the federal trademark registration(s) claimed to have been infringed. A copy of the Trademark Status Document Retrieval page from the United States Trademark and Patent Office showing the current status of each federal trademark registration claimed to have been infringed should also be submitted.

iii. Identification of the content on the Rated Arts website that is claimed to be infringing, or is the subject of infringing activity, information reasonably sufficient to permit us to locate the content on our website (e.g. username, listing URL, or other indicia), and a request that we remove or disable access to the Flagged Content.

iv. Information reasonably sufficient to permit us to contact the Submitter, such as a complete street address, telephone number, and (if available) an email address.

v. A statement that the Submitter has a good faith belief that the display, sale, or use of the Flagged Content is not authorized by the trademark owner, its agent, or applicable law (including the law of “fair use”).

vi. A statement that the information provided therein is accurate and complete and, under penalty of perjury, that the Submitter is the owner of the trademark claimed, or is authorized to act on behalf of the owner.

B. Steps We Take Upon Receipt of a Trademark Takedown Notice

1. Upon receipt of a Trademark Takedown Notice, we will acknowledge receipt to the Submitter, along with a statement that Rated Arts is reviewing the Takedown Notice to assess whether it complies with this Trademark Takedown Procedure.
2. If Rated Arts rejects the Trademark Takedown Notice because it is invalid or for any other reason, Rated Arts will not remove the Flagged Content, and we will not take action against the Contributor. The Submitter will receive a notification of the rejection of the Trademark Takedown Notice and the reason(s) therefor.
3. If Rated Arts determines that the Trademark Takedown Notice is valid and, in Rated Arts sole discretion, arguably shows infringement of the asserted trademark, then we will endeavor to respond expeditiously to remove or disable access to the Flagged Content. All decisions by Rated Arts as to whether a Trademark Takedown Notice arguably shows trademark infringement are final and non-appealable. If Rated Arts decides against taking down the Flagged Content, then the Submitter’s sole recourse shall be to file an appropriate legal action in an appropriate venue against the Contributor. Such legal action shall not name Rated Arts as a party, nor shall Rated Arts decision be admissible into evidence.
4. After removing or disabling access to the Flagged Content, Rated Arts will take reasonable steps to notify the Contributor that Rated Arts has removed or disabled access to the Flagged Content
5. In addition to or in lieu of the above, Rated Arts may also provide the Contributor a copy of the Takedown Notice, including the name and email address of the submitting party.
6. Rated Arts may request additional information before processing a Trademark Takedown Notice, such as written verification of the information contained in the Takedown Notice, or documentation to support any of the information contained in the Takedown Notice.
7. Rated Arts reserves the right to reject a Trademark Takedown Notice that contains information we believe to be false, fraudulent, incomplete, or otherwise submitted in bad faith. Rated Arts also reserves the right to take action against abusers of the Takedown Procedure.

C. Trademark Counter-Notice

1. A “Trademark Counter-Notice” is a notification submitted by a Contributor asserting that the Flagged Content was removed or disabled unfairly or mistakenly, and requesting that the Flagged Content be restored to the Rated Arts website.
2. Rated Arts accepts a Trademark Counter-Notice by email sent to  DMCA@RatedArts.com, but only in accordance with the Trademark Takedown Procedure’s provisions and requirements.
3. A Trademark Counter-Notice must be from the Contributor , or from an agent authorized to act on behalf of the Contributor.
4. All of the information below must be included in the Trademark Counter-Notice for a submission to be valid:

i. The name, address, telephone number and email address of the Contributor.

ii. Identification of the Flagged Content that was removed or disabled including, if available, the URLs on which any Flagged Content appeared before it was removed or disabled.

iii. A statement under penalty of perjury that the Contributor has a good faith belief the Flagged Content was removed or disabled as a result of mistake or misidentification of the Flagged Content.

iv. A statement by the Contributor consenting to the jurisdiction of the Contributor’s U.S. Federal District Court, or, if the Contributor is located outside the United States, consenting to the jurisdiction of any Federal District Court in any jurisdiction where Rated Arts has a physical presence (e.g. offices).

v. A physical, typed, or electronic signature of the Contributor.

D. Steps We Take Upon Receipt of a Valid Counter-Notice

1. When Rated Arts receives a valid Trademark Counter-Notice, we endeavor to promptly provide a copy of the Trademark Counter-Notice to the original Submitter.
2. After receiving a copy of the Trademark Counter-Notice, the Submitter has ten (10) business days to notify Rated Arts Designated Trademark Agent that the Submitter has filed an action seeking a court order to restraint the Contributor from engaging in trademark infringement related to the Flagged Content.
3. If Rated Arts receives no notice that an action has been filed, then Rated Arts may, but is not legally obligated to, replace and cease disabling access to the Flagged Content.

E. Repeat Trademark Infringers

1. Trademark infringement by a community member is strictly prohibited and violates our Terms.
2. Rated Arts policy provides for the termination in appropriate circumstances of selling privileges or accounts of members who are repeat infringers or are the subject of repeat or multiple Trademark Takedown Notices.

F. Withdrawal of Trademark Takedown Notice

1. Rated Arts permits a written withdrawal of a Trademark Takedown Notice. Rated Arts does not accept telephoned or texted withdrawals of a Trademark Takedown Notice.
2. The withdrawal of a Trademark Takedown Notice must be sent by email to the Rated Arts Designated Trademark Agent at DMCA@RatedArts.com by the Submitter.
3. The Submitter must expressly state that they are formally withdrawing their Trademark Takedown Notice, specifically identify (or provide a copy of) the Trademark Takedown Notice that is being withdrawn and, if Flagged Content has already been removed or disabled, provide sufficient information to identify the removed or disabled content (including listing URL, username, shop name, etc.).
4. Once Rated Arts receives a written formal withdrawal of a Trademark Takedown Notice, Rated Arts will make reasonable attempts to contact both the Submitter and Contributor to confirm receipt of the withdrawal from the Submitter. Withdrawals are reviewed and decided on a case-by-case basis, in Rated Arts sole discretion.

G. Rated Arts Designated Trademark Agent – Contact Info

The Rated Arts Designated Trademark Agent can be contacted here, or by email, mail, or phone at the following address:

Rated Arts
209 E 32nd St
Los Angeles, CA 90011 USA

Attention: Trademark Agent, Legal Department

Email: DMCA@RatedArts.com