Copyright and Intellectual Property

Copyright and Intellectual Property Policy Issues

Below are some questions you may have if you've received an email from All Public Art (or a third-party) about infringement or if you're looking for more information about infringement claims:

Please note: As outlined in our Intellectual Property Policy, All Public Art strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When All Public Art removes or disables access in response to a notice, All Public Art makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. All Public Art may also provide a copy of the notice to the allegedly infringing party.

All Public Art terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at All Public Art’s discretion.

I received communication from All Public Art about intellectual property infringement. How do I resolve this issue, and how does this affect my standing with All Public Art?

All Public Art takes intellectual property concerns very seriously. Allegations of infringement can have serious consequences for everyone involved. If you have questions or concerns about the infringement claim, we encourage you to directly contact the party that provided the notice to All Public Art (their contact information was included in the email we sent when we removed the material) or contact an expert, such as an attorney. We hope you can resolve any issues directly with the complaining party. As an online marketplace, All Public Art cannot provide you with insight or information about whether the issue is resolved.

As a reminder, All Public Art is a venue and material is removed based upon proper notice in accordance with our policy. Our policy also states that we may revoke account privileges if we continue to receive notices of infringement about a particular Items for Sale Store.

I received communication from All Public Art that listings (or other material) were removed from my Items for Sale Store. Intellectual property infringement was mentioned, but I didn’t know or didn’t think I was infringing?

If All Public Art contacted you about intellectual property infringement, it means that we were notified about certain material in your Items for Sale Store. In accordance with our policy, we removed the material that was brought to our attention. This policy is based on general U.S. intellectual property laws and the DMCA. If you have questions or concerns about the infringement claim, we encourage you to directly contact the party that provided the notice to All Public Art (their contact information was included in the email we sent when we removed the material) or contact an expert, such as an attorney.

Once I edit and make changes to the removed material, can I activate and re-post that material in my All Public ArtItems for Sale Store?

All Public Art simply cannot give you advice (or the "go ahead") about changing material and re-posting it in your Items for Sale Store. As a marketplace and venue, All Public Art cannot offer legal advice. Only a person authorized to speak and/or act on behalf of the intellectual property owner, or a lawyer, can decide whether certain changes are acceptable. For this type of information or advice, you might choose to directly contact the party that provided the notice to All Public Art (their contact information was included in the email we sent when we removed the material) or contact an expert, such as an attorney. All Public Art sincerely hopes you can resolve this with the appropriate party.

Why was my material removed when there is similar material or other potentially infringing material that All Public Art has not removed?

All Public Art doesn’t have insight or information about similar material, or other material, that remains on All Public Art. In addition, as a venue and marketplace, All Public Art cannot make judgments about whether an item can or cannot be sold with regard to intellectual property. Only a person authorized to speak and/or act on behalf of the intellectual property owner can decide whether something on All Public Art infringes copyright or intellectual property. In the infringement notices that we receive, All Public Art is told exactly what is at issue by the party making the complaint. For information about why certain material was included in a notice–and/or why other material was not–please directly contact the party that provided the notice to All Public Art (their contact information was included in the email we sent when we removed the material) or contact an expert, such as an attorney.

The information contained on this page constitutes information and not legal advice. The reader assumes all responsibility for any and all use of this information. Please consult an attorney for specific questions. This page may be updated periodically.