PosterGully IP/Publicity Rights Policy
Updated June 14, 2024
Intellectual Property and Publicity Rights
Postergully.com is a community built on respect and recognition of artists. We ask, rather we beg, that you remember this when you are posting work on Postergully.com. If you make sure that all the works you upload consist of your very own, original ideas and are not infringing on the intellectual property or publicity rights of another, you will help us foster the supportive and creative environment that is Postergully.com. AND, besides being counter to all that Postergully.com stands for, stealing other people’s work and passing it off as your own is against the law:
There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, generally speaking…
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. Basically this means you can’t use someone else’s identity, to your commercial advantage, without their consent.
A NOTE ON FAIR USE: You might be able to incorporate someone else's copyright or trademark into your own work, if you do it in such a way that that is considered "fair use" or in such a way that qualifies as another permissible use. However, please be aware that “fair use” typically applies in limited circumstances and isn’t the same as “freedom of speech”. Quite frankly “fair use” is a difficult concept, even for the experts, and the scope of “fair use” is different in different countries. So even if you think you’ve created a work covered by “fair use” or another permissible use, you should talk to an attorney prior to using it in connection with the Postergully.com service. While some uses might appear “fair” or permissible to you, we ask that you understand that Postergully.com must act in accordance with its Notice and Takedown procedure when a report has been received. Additionally, certain works may be taken down without a specific report being received if we are otherwise alerted or aware of potential infringement issues.
Ultimately, you take full responsibility for the works you upload and display on Postergully.com. This is reflected in the Postergully.com User Agreement. Use of the Postergully.com website indicates continued acceptance of this Agreement.
So please do us all a favour and if someone has created or owns the rights to a picture, painting, photograph, logo, story, poem or any other work, copyright, trademark or publicity right (regardless of whether it’s an individual or a large global company), obtain consent before you use that work in connection with the Postergully.com service. This will help ensure that you don’t infringe the rights of any third party and help us promote an encouraging and inspired environment at Postergully.com.
REPEAT INFRINGER POLICY: If an account is found to be in violation of any of our content or account policies, including the User Agreement, Community and Content Guidelines, and IP/Publicity Rights Policy or is otherwise being used for purposes Postergully.com was not designed for, such account will be subject to account-level action under our repeat infringer policy and our other policies, up to and including immediate and permanent disablement of the account.
Notice and Takedown Procedure - Reports and Complaints
Postergully.com respects the intellectual property rights of others and we ask our users to do the same.
If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify Postergully.com's designated agent for complaints (submit form below) by sending a Notice and Takedown Report, which must include the following important information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;
- a description of the matter claimed to have been infringed;
- a description of where the claimed infringing content is located on the Postergully.com site. URLs should be in the following form:
http://www.Postergully.com.com/{Product name};
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that:
- the above information is accurate; and
- you are authorised to act on behalf of the owner of the rights involved.
Please use the Notice and Takedown Report form to submit your report. For all other IP complaints, you can reach us at: help@postergully.com
Additionally, in certain circumstances, Postergully.com may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights, or other rights of others purposely (see account deletion for policy violations).
If Your Work Has Been Included in a Notice/Takedown Report
If the Postergully.com Content Team has received a Notice and Takedown Report which specifically notes one or more of your works, the noted works will have been removed. You will not be able to view or update these works.
The Notice and Takedown Report that has been received may or may not have also included other works by other artists, and by removing the work, we are not stating that your work does or does not infringe copyright, trademark or publicity rights law.
We have a legal obligation to act on reports filed in accordance with our IP/Publicity Rights Policy.
While the work may not have been a direct copy of someone else's work, 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 work, you have the right to lodge a counter-notification.
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 work on the Internet (a few links below), or consult an I.P. specialist if you are unsure why your specific work may have been included in a Notice and Takedown Report.
Filing a Counter Notice
If you believe that removal of the content is the result of a mistake (for example, that you have authorisation) or misidentification, you can send us a Counter Notice using the form below. Such counter-notice must provide the following information:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;
- a description of the content which we have removed, including the URL on which the content was located on the Postergully.com site;
- your address, telephone number, and email address;
Please use the Counter Notice form to submit your report.
If we receive your counter-notice but your work does not comply with the Postergully.com User Agreement and/or IP/Publicity Rights Policy, we may inform you that we are not able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated.
In many circumstances, however, we will forward your Counter Notice directly to the complainant, which will include your personal contact information.