Pubic Rights and Intellectual property
Heroic Outfitters is a user community driven in part by our artists. Please keep this in mind when sharing your work to Heroic Outfitters. Be positive everything you share on Heroic Outfitters is your own. Ensure your ideas no not infringe on the intellectual property or publicity rights of others. Doing so will create an excellent community where everyone succeeds. At the end of the say stealing someones work and passing it off as your own is not only morally corrupt it can be against the law.
You should have a brief familiarization with the laws.
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”.
Fair use. At times you may be able to incorporate someones copyright or trademark into your work as long as you do so under the “fair use” guidelines. This is not the same as freedom of speech. The fair use guidelines have been a difficult concept to clarify (parody comes to mind) and at the end of the day we abide with the requester first. If you are unsure of fair use protecting your artwork from legality claims we suggest you talk to an attorney versed in that area of law prior to uploading artwork here.
As mentioned Heroic Outfitters will act in accordance with its Notice and Takedown procedure when a report has been received. There may be, at times, design take downs with out a specific claim or report if we are otherwise alerted of possible infringement conflicts. At the end of the day you, and you alone, are responsible for everything you upload. If someone creates or owns rights to anything be it a photo, logo, poem or other, obtain consent before use on Heroic Outfitters.
REPEAT INFRINGER POLICY: We will absolutely disable and terminate any accounts of users who strike out more than once with infringing other copyrights, trademarks or IPs.
Notice and Take down Procedure: Heroic Outfitters respects the IP rights of others and want our users to do the same. If you feel your work has been infringed upon in any way as mentioned above, please notify Heroic Outfitters at HeroicOutfitters@gmail.com as soon as possible. Please send a Notice of Takedown report via email which includes the following information:
1. A summary of what you are claiming to be infringed
2. A summary of where the infringed content can be located. Thats the URL.
3. Your address, telephone and contact email.
4. A statement that you have good faith that the referenced claim is not authorized by the owner or agent.
5. A statement by you, made under penalty of perjury, that:
a. the above information is accurate; and
b. you are authorized to act on behalf of the owner of the work claimed.
6. An electronic or physical signature.
Heroic Outfitters may terminate or suspend users who we feel infringe on any of the above mentioned areas of art. If your work has been flagged in a Notice/ Take down report Heroic Outfitters will remove your work at that time. You will not be able to view or modify this work. By us removing your work we are not stating that it does or does not infringe copyright or trademark, we are simply following our legal obligation to act on reports made to us in accordance to our policies and procedures. If you believe the report was made in error by all means lodge a former counter-notification. While we can not offer any legal advice in the above mentioned instances, we do recommend researching said laws on your own. To get you started here are some links.
General Copyright
Copyright General Trademark
General Publicity Rights
Australia
United Kingdom
United States Copyright
United States Trademark
To send a counter claim arguing that your work should be reinstated, please provide the following information to HeroicOutfitters@gmail.com:
1. A summary of the content we removed including the URL.
2. Your user name, telephone and email address.
3. An electronic or physical signature of the person authorized to act on behalf of the claim in question.
4. 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.
5. A statement by you that you consent to the jurisdiction of the US District Court Northern District, New York, United States and that you will accept service of process from the person who provided notification described above or an agent of such person.
6. Send your counter notice to HeroicOutfitters@gmail.com. If we receive your counter notice we may request further information before deciding weather or not to reinstate your work. often times however we will forward your counter notice directly to the complainant, which will include your personal contact information. They at that time have the right to take legal action against you in the United States. After 14 days if no legal action has been taken against you, you may request your work to be reinstated.
