ArtYou, Inc. ("ArtYou") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general Canada intellectual property laws.
ArtYou may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If ArtYou removes or disables access in response to such a notice, ArtYou will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting ArtYou.
If you believe that material residing on or accessible through the ArtYou web site or service infringes a copyright or other intellectual property right, to provide ArtYou of notice of such infringement, you must send a written notice. Please specify the type of infringement at issue and the notice must include the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
· Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
· Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that ArtYou is capable of finding and verifying its existence (for listings, please provide item numbers);
· Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting ArtYou on the owner's behalf, the address, telephone number and, if available, e-mail address;
· A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
· A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, ArtYou will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, ArtYou may remove or disable access to the material infringing upon the intellectual property. If ArtYou removes or disables access to content in response to an infringement notice, ArtYou will make reasonable attempts to notify the Member that ArtYou has removed or disabled access to the material. Repeat offenders will have all material removed from the system and ArtYou will terminate such Members’ access to the service.
C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting ArtYou.
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.
If a counter-notice is received by the Designated Agent, ArtYou may send a copy of the counter-notice to the original complaining party informing that person that ArtYou may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at ArtYou’s discretion.
Please contact ArtYou’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
ArtYou, Inc. Attn: Legal Department 2042 Jans Blvd, Innisfil, Ontario
E-mail: [email protected]