ArtistsNelson

COPYRIGHT POLICY

Website: ArtistsNelson.com
Effective Date: September 29, 2025
Last Updated: September 29, 2025
Version: 1.0

1. PURPOSE

ArtistsNelson.com respects the intellectual property rights of artists and others. This Copyright Policy outlines our policies regarding copyright protection, user responsibilities, and our procedures for responding to copyright infringement claims.

2. OWNERSHIP OF CONTENT

2.1 User Content

  • Artists retain full ownership and all intellectual property rights to the artwork and content they upload (“User Content”)
  • By uploading content, you represent and warrant that you own all rights to the content or have obtained all necessary permissions
  • You grant ArtistsNelson.com a limited, non-exclusive, royalty-free license to display your content solely for the purpose of operating this Website

2.2 Website Content

  • The Website’s design, layout, code, features, and branding are owned by ArtistsNelson.com
  • You may not copy, reproduce, or distribute any part of the Website without our express written permission
  • The compilation and arrangement of User Content on the Website is protected by copyright

3. USER RESPONSIBILITIES

3.1 Original Work or Authorized Use

You agree to upload only content that:

  • Is your original creation, OR
  • You have obtained explicit permission to use, OR
  • Is in the public domain or covered by a license that permits your use

3.2 Prohibited Content

You must NOT upload content that:

  • Infringes on any third party’s copyright, trademark, or other intellectual property rights
  • Contains unauthorized reproductions of copyrighted works
  • Violates any license agreements or terms of use
  • Misrepresents your ownership or right to use the content

3.3 User Liability

You are solely responsible for:

  • Ensuring you have the right to upload and display your content
  • Any copyright infringement claims arising from your uploaded content
  • Obtaining necessary permissions, licenses, or releases
  • Defending yourself against any legal claims related to your content

4. COPYRIGHT INFRINGEMENT CLAIMS

4.1 DMCA Compliance

ArtistsNelson.com complies with the Digital Millennium Copyright Act (DMCA) and applicable Canadian copyright laws. We will respond promptly to valid notices of alleged copyright infringement.

4.2 Filing a Copyright Complaint

If you believe that content on our Website infringes your copyright, please provide us with a written notice containing the following information:

Required Information:

  1. Identification of the copyrighted work claimed to have been infringed. If multiple works are involved, provide a representative list.
  2. Identification of the infringing material with sufficient detail to allow us to locate it (e.g., URL of the page, description of the image, artist name).
  3. Your contact information:
    • Full legal name
    • Mailing address
    • Telephone number
    • Email address
  4. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in your notice is accurate.
  6. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  7. Your physical or electronic signature.

4.3 Where to Send Notices

Please send copyright infringement notices to:

Copyright Agent
ArtistsNelson.com
Nelson, BC, Canada
Email: artistsnelson@gmail.com

4.4 Our Response Process

Upon receiving a valid copyright infringement notice, we will:

  1. Review the claim promptly (typically within 3-5 business days)
  2. Remove or disable access to the allegedly infringing content if the claim appears valid
  3. Notify the user who uploaded the content of the removal
  4. Provide the user with a copy of the infringement notice
  5. Inform the user of their right to file a counter-notification

4.5 Repeat Infringers

We have a policy of terminating the accounts of users who are repeat copyright infringers. Users who repeatedly violate copyright laws may have their accounts permanently suspended.

5. COUNTER-NOTIFICATION PROCEDURE

5.1 If Your Content Was Removed

If you believe that content you uploaded was removed in error or misidentification, you may file a counter-notification.

5.2 Counter-Notification Requirements

Your counter-notification must include:

  1. Your physical or electronic signature
  2. Identification of the material that was removed and its location before removal
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
  4. Your contact information:
    • Full legal name
    • Mailing address
    • Telephone number
    • Email address
  5. A statement that you consent to the jurisdiction of the Federal Court of Canada, or if you are outside Canada, the court in your jurisdiction
  6. A statement that you will accept service of process from the person who filed the original infringement notice or their authorized agent

5.3 Counter-Notification Process

Send your counter-notification to the same address as copyright complaints.

Upon receiving a valid counter-notification:

  1. We will forward it to the original complainant
  2. If the complainant does not file a court action within 10-14 business days, we may restore the removed content
  3. We reserve the right to refuse restoration based on our own assessment

6. FAIR USE AND LIMITATIONS

6.1 Fair Use Consideration

We recognize that copyright law includes exceptions such as fair dealing (in Canada) or fair use (in the U.S.). However:

  • We cannot make legal determinations about whether specific uses constitute fair dealing/use
  • The existence of a fair dealing/use defense does not prevent a copyright owner from filing a complaint
  • Users claiming fair dealing/use may need to defend their position through the counter-notification process or in court

6.2 Public Domain and Creative Commons

  • Content in the public domain or licensed under Creative Commons or similar licenses may be used subject to the terms of those licenses
  • You must comply with any attribution or other requirements of such licenses
  • Misrepresenting the license status of content may result in account termination

7. LICENSE GRANT FROM USERS

7.1 Limited License

By uploading content, you grant ArtistsNelson.com a:

  • Non-exclusive license (we don’t own your work)
  • Worldwide license (can be viewed globally)
  • Royalty-free license (no payment required)
  • License to display, reproduce, and distribute your content solely for the purpose of operating this Website

7.2 License Limitations

This license:

  • Does NOT transfer ownership to us
  • Does NOT allow us to sell or commercially exploit your work
  • Terminates when you delete your content or close your account (subject to technical delays)
  • Is limited to Website operations and promotion of the Nelson artist community

7.3 Your Retained Rights

You retain the right to:

  • Use your content elsewhere
  • Sell, license, or display your work on other platforms
  • Modify or create derivative works
  • Remove your content from our Website at any time

8. PROTECTING YOUR WORK

8.1 Watermarking

While we display images for promotional purposes, you may choose to:

  • Upload watermarked versions of your work
  • Use lower resolution images
  • Include visible copyright notices in your images

8.2 Copyright Registration

For maximum legal protection, consider:

  • Registering your copyright with the Canadian Intellectual Property Office (CIPO)
  • Maintaining records of your original work creation
  • Keeping evidence of your authorship

8.3 Monitoring Your Work

You are encouraged to:

  • Regularly monitor the Website to ensure your work is displayed as intended
  • Use reverse image search tools to monitor unauthorized use elsewhere
  • Report any misuse of your work to us immediately

9. LIMITATIONS OF LIABILITY

9.1 User Responsibility

ArtistsNelson.com is not responsible for:

  • Copyright infringement committed by users
  • The accuracy of users’ claims regarding ownership or authorization
  • Unauthorized use of your work by third parties who view it on our Website
  • Legal disputes between users regarding copyright

9.2 No Copyright Monitoring

We do not:

  • Proactively monitor all uploaded content for copyright infringement
  • Have an obligation to verify ownership before displaying approved content
  • Act as a mediator in copyright disputes between users

9.3 Disclaimer

We provide this platform “as is” without guarantees regarding copyright protection. You acknowledge that displaying your work online carries inherent risks.

10. GOOD FAITH REPRESENTATION

10.1 False Claims

Making false or fraudulent copyright claims is a serious matter that may result in:

  • Legal liability for damages, including costs and attorneys’ fees
  • Account termination
  • Being reported to law enforcement if appropriate

10.2 Misrepresentation Consequences

You may be liable for damages if you knowingly materially misrepresent that:

  • Material is infringing your copyright when it is not
  • Material was removed or disabled by mistake or misidentification

11. CONTACT FOR COPYRIGHT QUESTIONS

If you have questions about this Copyright Policy or copyright issues generally, please contact us at:

ArtistsNelson.com
Nelson, BC, Canada
artistsnelson@gmail.com

For copyright infringement claims, use the process outlined in Section 4.

12. CHANGES TO THIS POLICY

We reserve the right to modify this Copyright Policy at any time. Changes will be effective immediately upon posting. The “Last Updated” date at the top of this page will reflect when changes were made. Your continued use of the Website after changes constitutes acceptance of the modified policy.

13. APPLICABLE LAW

This Copyright Policy is governed by:

  • The Copyright Act (Canada)
  • The laws of British Columbia, Canada
  • Applicable international copyright treaties

By uploading content to ArtistsNelson.com, you acknowledge that you have read, understood, and agree to comply with this Copyright Policy.

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