Promoting Intellectual Property and Publicity Rights
Imagine posting your unique work on Customon where creative works of artists are respected, reorganized and protected. Ensure that all your works consist of your own original ideas that does not infringe on the intellectual property or publicity rights of another. Be part of campaign to stop stealing other people’s work and passing it off as your own which is totally against the law.
What you need to know?
To benefit from the value of your innovative and creative work, you need to have a full knowledge of several international treaties that relate to intellectual property, trademarks, publicity right and copyrights which varies across the world.
However, generally speaking...
COPYRIGHT LAW ensures that original ideas and the fruit of people’s work, labour or skills are not exploited by other people. It 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. Work as paintings, writing, architecture, movies, software, photos, dance, and music must meet certain minimum requirements to qualify for copyright protection
TRADE MARK LAW governs the use of a device including a word, phrase, symbol, designs, product shape, or logo by a manufacturer or merchant to identify its goods and to distinguish those goods from those made or sold by another. Trademarks receive different degrees of protection depending on numerous variables, including the consumer awareness of the trademark, the type of service and product it identifies, and the geographic area in which the trademark is used
PUBLIC RIGHTS ensures that individual’s name and image are protected against unauthorized use for commercial purposes without their consent
A NOTE ON FAIR USE: this allows one to use and build upon prior works in a manner that does not unfairly deprive prior copyright owners of the right to control and benefit from their works. To a varying extent, a particular use is fair depends on a number of factors, including whether the use is for profit; what proportion of the copyrighted material is used; whether the work is fictional in nature, and what economic effect the use has on the copyright owner.
Even if you have created a work that is qualified by fair use which is not considered an illegal infringement, Customon demand that you should let the attorney have a prior knowledge of your uses. While some uses might appear “fair” or permissible to you, Customon still act in accordance with its notice and takedown procedure when any report has been received. On awareness that a work has not adapted to the certain principle of fair use standard and hinge on infringement of copyright, the work will be taken down.
What makes Customon Unique?
Everyone owner takes full responsibility of work uploaded and displayed on Customon. This is in line with Customon User Agreement https://www.customon.com/terms/. To use Customon website is therefore a total acceptance to Customon agreement.
To ensure the success of this campaign and that you don’t infringe the right of the third party, if anybody (Individual or groups) have gained Intellectual Property and Publicity Rights to picture, painting, photograph, logo, story, poem or any other work, you need to obtain their prior consent before using it...in line with Customon service.
NOTE: Customon reserves the right to disable and/or terminate the account of users who repeatedly infringe or are repeatedly charged with infringing the copyright, trademark rights, other intellectual property rights or publicity rights of others.
Notice and Takedown Procedure - Reports and Complaints
Customon respects the intellectual property rights of others and we expect the same sensitivity from our community. If you believe that your content has been used in a way that constitutes an infringement of your rights, please let us know for complaints by submitting our Notice Report, which must include the following important information:
1. an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;
2. a description of the matter claimed to have been infringed;
3. a description of where the claimed infringing content is located on the Customon site. Please provide the URL of one the products which include the particular artwork.
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that:
a. the above information is accurate; and
b. you are authorised to act on behalf of the owner of the rights involved. Customon's Designated Agent for complaints can be reached at: [email protected] Additionally, in certain circumstances, Customon may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights or other rights of others purposely.
If Your Artwork Has Been Reported
If the Customon has received a report which specifically notes one or more of your artworks, the reported artworks will have been removed. You will not be able to view or update your artworks anymore.
We have a legal obligation to act on reports filed in accordance with our IP/Publicity Rights Policy.
While the artwork may not have been a direct copy of someone else's artwork, it may contain elements, logos, or personal likenesses which may infringe on another's rights.
If you believe a report was in error or should not apply to your artwork, you have the right to request review the artworks reported.
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.
We recommend that you research the relevant copyright, trademark and publicity rights laws and their application to your artwork on the Internet (a few links below), or consult an I.P. specialist if you are unsure why your specific artwork may have been included in a report.