Copyright Policy / Terms of Service / Privacy Policy / Behaviour Policy/ Competitions

Introduction

We recognise that copyright is the lifeblood of many artists and as such Exhibtr takes the protection of your copyright extremely seriously.

What Is Copyright?

Copyright is a form of protection provided to authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Copyright Acts generally gives the owner of copyright the exclusive right to do and to authorise others, to do the following:

  1. Reproduce the work.
  2. Prepare derivative works based upon the work.
  3. Distribute copies of the work to the public by sale, transfer of ownership, rental, lease or lending.
  4. Perform the work publicly.
  5. Display the work publicly.

Simply put, if you do any of the above with work produced by somebody else without their permission you have infringed copyright. Remember that someone will own the copyright of just about everything that is posted on the exhibtr site.

Ownership and License

Exhibtr does not claim ownership rights to user content. However to allow Exhibtr to make content available through the service, users grant Exhibtr non-exclusive, royalty-free license to reproduce, distribute and publicly display their content through the site’s terms of service (TOS).

Exhibtr is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Exhibtr are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law.

You may not reproduce, distribute, publicly display, or prepare derivative works based on any of the Content including any such works without the express, written consent of Exhibtr or the appropriate owner of copyright in such works.

Suspension and Removal

If Exhibtr becomes aware that a submission infringes the copyrights of another artist, we will remove it immediately.

Where appropriate Exhibtr will terminate the accounts of users and prevent access to the Site by users who infringe the intellectual property rights of others.

Notification of Infringement

Any infringements of copyright should be reported immediately to violations@exhibtr.com

Clearly identify the infringed work, provide your contact details and a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Additionally provide a statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Fair Use

This is the notion that some public and private uses of copyrighted works do not require the permission of a copyright owner. These circumstances are very limited, complex to analyse under the law and require the help of expert advice from a lawyer. We recommend you consult a 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 damages.

Take Note

  1. Even if Exhibtr takes down infringed copyright work you have posted, you may still be liable to damages if the copyright owner decides to sue you.
  2. The best way to avoid infringing the rights of other persons is to use your talent to create your own completely original work.
  3. It doesn’t matter how much of somebody’s work you use. Even if it is small sample you need permission.
  4. Even if you credit the original owner, you still need their permission to use their copyrighted work.
  5. The fact that other people can be found using work without permission, it is still copyrighted and permission for use is needed.
  6. It doesn’t matter if you are not making a profit. You still need permission to use the work.
  7. If you edit or change copyrighted work but it is still recognizable, you will still be deemed to have infringed the work.
  8. Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author.
  9. The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright.
  10. Copyright is secured automatically when the work is created when it is fixed in a copy for the first time. Copies are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm.

IF YOU ARE IN ANY DOUBT TAKE PROFFESSIONAL LEGAL ADVICE.