Last updated November 02, 2018
- When a person creates an original work that is fixed in a physical medium, that person automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including audiovisual words, sound recordings and musical compositions, written works, visual works, video games and computer software, and dramatic works.
- In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.
- ellagouibson accepts unsolicited designs from independent artists who are informed and have agreed to ellagouibson ’s policies concerning the intellectual property rights of others. All designs selected by ellagouibson are new, original, and/or transformative works that may parody, satirize, or provide social commentary on other copyrighted works. ellagouibson and the selected designs make only fair use of the copyrighted works of others. ellagouibson respects the copyrights of others, and ellagouibson is not affiliated with the owners of the copyrights to which the selected designs may refer.
- It is ellagouibson ’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. ellagouibson ’s response may include removing or disabling access to a design claimed to be infringing. If ellagouibson removes or disables access in response to such a notice, ellagouibson will make a good-faith attempt to contact the independent artist who submitted the design to ellagouibson so that the artist may make a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.
- Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA.
2. Instructions for Copyright Owners
2.1 ellagouibson will only respond to notifications that contain the following:
- A description of the design that is claimed to be infringing and its URL on the ellagouibson website.
- A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers.
- A statement providing the basis for the complaint.
- The following contact information
The complaining party’s full legal name
The authorized agent’s full legal name (if applicable)
A postal address for contacting the complaining party
An e-mail address for contacting the complaining party
A phone number for contacting the complaining party
- The following statements
“I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
“This notification is accurate.”
“UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
“I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”
- A physical or electronic signature of the complaining party or the authorized agent thereof.
- Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner)
2.2 The complaining party or authorized agent thereof should file the notification either (1) using one of the contact means identified in the U.S. Copyright Office’s online service provider directory for ellagouibson (www.copyright.gov/ onlinesp/), (2) contacting ellagouibson by mail at DMCA Agent, c/o ellagouibson LLC, 9930 Irvine Center Drive, Irvine, California 92618, (3) contacting ellagouibson at contact page.
2.3 Upon receipt of a complete notification, ellagouibson will remove or disable access to the design that is claimed to be infringing from the ellagouibson website. The independent artist who submitted the design will be forwarded a copy of the notification and will be alerted that access to the design has been removed or disabled.
2.4 ellagouibson will only respond to notifications that contain the following: