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JackRussellTees.com    DCMA Policy

Revised April 20, 2019

Copyrights

When a person submits an original piece of artwork that is fixed in a physical medium, that person automatically owns the copyright to the work.  Copyright ownership gives the owner the exclusive rights to use the artwork in certain, specific ways.  Many types of work are eligible for copyright protection, including but not limited to audiovisual words, sound recordings, and musical compositions, written works, visual works, video games and computer software and other dramatic works.

In some circumstances, it is possible to use a copy-written work without infringing on the owner's copyright.  For example, in the USA, copyrights are limited by the doctrine of “fair trade use” which permits certain uses of copyrighted material, such satire, parody and social commentary.  At no time is any of the artwork inclusive in our designs intended to infringe or mimic exact artwork that has been protected under copyright laws.

JackRussellTees.com accepts designs from various sources including artists who are all considered to be independent artists who are informed of our general submission policies; and have been selected by JackRussellTees.com for their unique and intellectual properties.  All artists submitting designs have been made aware of the copyright policies for new, original and/or trans-formative works that may satirize or provide social commentary on other copyrighted works; JackRussellTees.com and the selected designs make only fair use of the copyrighted works of others. JackRussellTees.com respects the copyrights of others and we are not affiliated with the owners of the copyrights to which the selected designs may refer to.

It is JackRussellTees.com policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DCMA), 17 U.S.C. Subsection 512 and other applicable laws.  JackRussellTees.com response may include but not limited to removing or disabling access to a design claims to be infringing.  If JackRussellTees.com removes or disables access in response to such notice, JackRussellTees.com will make a good-faith attempt to contact the independent artist who submitted the design to JackRussellTees.com so that the artist may make a counter notification pursuant to Section (g)(2) and (3) of the DCMA.

Please refer to the following detailed instructions which must be followed to protect your rights under the DCMA.

INSTRUCTIONS FOR COPYRIGHT OWNERS

JackRussellTees.com will only respond to notifications that contain the following information.

A description of the design that is claimed to be infringing, and its URL on the JackRussellTees.com website.

A complete description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are claimed to have been infringed upon, 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 in good faith believe 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 in all aspects of the complaint,”

“UNDER PENALTY OF PURJURY, I am the owner of an exclusive right that is allegedly infringed upon” or if an authorized agent is submitting the notification, “UNDER PENALTY OF PURJURY, I AM AUTHORIZED TO ACT ON BEHALF OF THE OWNER OR AM OWNER OF THE EXCLUSIVE RIGHTS BEING INFRINGED.”

I acknowledge that under Section 512(1) of the DCMA, any person who knowingly materially misrepresents that material or activity is infringing maybe subject to liability for damages.

A physical or electronic signature of the complaining party or authorized agent must be included in the complaint.

Your authority for submitting the notification (ie. copyright owner, authorized agent for the copyright owner must be included).

The complaining party or its 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 JackRussellTees.com(www.copyright.gov/onlinesp/) (2) contacting JackRussellTees.com by mail at DMCA Agent, c/o JackRussellTees.com LLC, Post Office Box 2203, Oshkosh, WI 54903-2203 (3) Contacting JackRussellTees.com by email at Legal@JackRussellTees.com or (4) contacting JackRussellTees.com by phone at 920.573.7869.

Upon receipt of a complete notification, JackRussellTees.com will remove or disable access to the design that is claimed to be infringing from under the JackRussellTees.com website.  The independent artist who submitted the design, will be forwarded a copy of the notification and will alerted that access to the design has been removed or disabled.

Instructions for Independent Artists:

Any complaining party or authorized agent thereof following the procedures in the above section can require JackRussellTees.com to remove or disable access to copyrighted content. When JackRussellTees.com receives a proper notification from a complaining party, or authorized agent thereof, JackRussellTees.com will immediately comply.  This is a legal requirement and you will not receive advance warning and you will not be given an opportunity to fix the work in question/complaint.

If you are found to repeatedly submit infringing designs, your account will be suspended.  Serious offenders will have their account deactivated and will be permanently banned from submitting designs.

JackRussellTees.com considers “three strikes” as an indication of being a serious offender.  In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own your account will be immediately deactivated and you will be permanently banned from submitting designs.

JackRussellTees.com will only respond to counter-notification that contains the following:

A description of the design that is claimed to be infringing and its URL, at the JackRussellTees.com website before access or the design was removed or disabled.

A statement why the claim of copyright infringement should be rejected.

The following contact information:

The responding party's full legal name.

The authorized agent's full legal name if applicable.

A postal address for contacting the responding party.

An e-mail address for contacting the responding party.

A phone number for contacting the responding party.

The following statements:

“UNDER PENALTY OF PURJURY, I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.”

“I will accept service of process from the person who provided the notification under Section (c)(1)(C) of the DMCA or the agent of such person.

“I acknowledge that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or mis-identification may be subject to liability for damages.

A physical or electronic signature of the responding party or authorized agent thereof.

Your authority for submitting the counter notification (e.g. independent artist who submitted the design, authorized agent of independent artist who submitted the design.)

The responding party or the authorized agent thereof should file the notification either by using one of the contact names identified in the U.S. Copyright Office online service provider direction for JackRussellTees.com (www.copyright.gov/online) or by contacting JackRussellTees.com by mail at DMCA Agent c/o JackRussellTees.com Post Office Box 2203, Oshkosh, WI 54903-2203 or by emailing the DMCA Agent c/o JackRussellTees.com at Legal@JackRussellTees.com or lastly by contacting our business office at 920-573-7869.

If JackRussellTees.com receives you counter-notification, but your design does not comply with the JackRussellTees.com agreement or Terms of Use, JackRussellTees.com may inform you that JackRussellTees.com is not able to reinstate your work.  JackRussellTees.com may further request additional information from you to determine whether the work can be reinstated.

In many circumstances. JackRussellTees.com will forward your counter notification including the contract information to the complaining party or authorized agent thereof. At that time, the complaining party may take legal action against you in a Federal District Court.  If after 14 days the complaining party has not taken legal action against you, you may contact JackRussellTees.com to request reinstatement or your work.  If you work otherwise complies with the JackRussellTees.com Artist's Agreement and Terms of Use, JackRussellTees.com may reinstate you work at that time.

In addition

JackRussellTees.com acts in accordance with DMC Notice and Takedown procedures when a complaint has been received.  JackRussellTees.com does NOT accept any submission that includes the properties of Disney Enterprises, Inc., Marvel Characters Inc., Lucasfilms Ltd, LLC, Lucasfilm Entertainment Company Ltd LLC or Pixar et al.  When in doubt, it is the responsibility of the artist to contact the agency who owns the copyright that you may think your artwork reasonably could be determined as copyright infringement.