Copyright and Your Wallpino Submissions
Here at Wallpino we respect the rights of all artists and creative people worldwide and we expect our members to demonstrate an equal amount of respect and assist us in creating a beneficial and positive atmosphere for all Wallpino visitors and members.
The bottom line is: Just about anything that is on this site, on the web, on TV, on CD's, on DVD's, in books & in magazines is probably copyrighted by someone.
Copyright can be a confusing territory for many people. In many cases the natural confusion over the sometimes varied circumstances surrounding copyright will lead people to rely upon rumor or myth more often than the actual legal facts which naturally confuses the matter even more.
In this document we will attempt to eliminate some of the confusion and counter many of the myths surrounding copyright. Understand that the following form is provided for informational purposes only and is intended to be used as a guide only. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney. If you require legal advice, you should seek the services of a qualified attorney.
What is Copyright Infringement?
To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.
Some examples of copyright infringement (this is only a partial listing) can include:
How Can I Avoid Infringing on Someone's Copyright?
The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original work. When we use the word 'original' we don't mean that you must come up with an idea which hasn't been used before, when used in copyright matters "original" means that you created your work without referencing or deliberately copying anyone else's work during the process.
Ensure that all parts of your work, both visual and audio, are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your work online.
What Sort of Things are Copyrighted?
The easy answer to this question is that just about any creative work you might find should be considered to be copyrighted by default.
A work is not required to have a copyright statement printed on it or near it in order to be considered copyrighted so do not assume that the work is unprotected simply because you cannot see a notice written anywhere.
Also do not confuse the fact that a work is publicly available with the idea that it is public domain or free for use. Being easy to find on the internet does not affect a work's copyrighted status.
What Happens When You Submit Infringing Works to Wallpino?
When we become aware that a Wallpino submission infringes upon the copyrights of another artist, creative person or company, we will immediately delete it. This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'. Any copyright owner following the procedures in this Copyright Policy can require Wallpino to remove his or her copyrighted content.
If you believe that a submission on Wallpino infringes upon your copyright you may either report the submission using our internal reporting system or send us a copyright notice via email. A member of staff will review your notice and resolve the situation.
If you believe that one of your submissions was removed in error you may contact our helpdesk or otherwise file a counter notice. A member of staff will be made available to you so that the situation can be properly resolved.
If you are found to repeatedly post infringing content your account will be suspended and serious offenders will have their account banned and deactivated. If you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately banned and deactivated.
What about "Fair Use"
"Fair Use" is the notion that some public and private uses of copyrighted works should not require the permission of a copyright owner. These circumstances are very limited, complex to analyze under the law and require the help of expert advice from a lawyer. We recommend you talk to your own lawyer if you want to know more about fair use as it applies to the work you are doing. If it turns out that it isn't fair use, you may be liable for very serious money damages.
To learn more about fair use you can go here, here, here, and here.
If you take my work down am I protected from a lawsuit?
No. Even if Wallpino takes an infringing work down, if you put it up on Wallpino you may still be responsible for very significant damages if the copyright owner decides to sue you.
Notification of Copyright Infringement
This section contains the formal requirements of the Copyright Act with respect to the rights of copyright owners whose content appears on Wallpino without authorization.
To file a copyright infringement notification with Wallpino, the copyright owner or an agent acting on his or her behalf will need to send a written communication that includes substantially the following:
Written notice should be sent to Wallpino designated agent at our email
Under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Consult your legal counsel or see Section 512(c)(3) of 17 U.S.C. to clarify or confirm the requirements of the notice.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consult the Terms of Service. We explain that you may be removed from the site if you are a repeat infringer or if you violate Wallpino policies.