1.1When a person creates an original work that is fixed in a physical medium, that person automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including audiovisual words, sound recordings and musical compositions, written works, visual works, video games and computer software, and dramatic works.
1.2In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.
1.3All designs sold at LisaPenney.com are new, original, and/or transformative works that may parody, satirize, or provide social commentary on other copyrighted works. LisaPenney.com and the selected designs make only fair use of the copyrighted works of others. LisaPenney.com greatly respects the copyrights of others, and LisaPenney.com is not affiliated with the owners of the copyrights to which the selected designs may refer, unless stated in the description of product containing additional copyright information.
1.4It is LisaPenney.com’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. LisaPenney.com’s response may include removing or disabling access to a design claimed to be infringing. If LisaPenney.com removes or disables access in response to such a notice, LisaPenney.com will make a good-faith attempt to contact all the independent artists involved who were responsible for the design so that the artist(s) may be fully informed and/or make a counter-notification or take effective action pursuant to Section 512(g)(2) and (3) of the DMCA.
2Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA. LisaPenney.com will only respond to notifications that contain the following:
2.1.1A description of the design that is claimed to be infringing and its URL on the LisaPenney.com website.
2.1.2A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers.
2.1.3A statement providing the basis for the complaint.
2.1.4The following contact information
188.8.131.52The complaining party’s full legal name
184.108.40.206The authorized agent’s full legal name (if applicable)
220.127.116.11A postal address for contacting the complaining party
18.104.22.168An e-mail address for contacting the complaining party
22.214.171.124A phone number for contacting the complaining party
2.1.5The following statements
126.96.36.199“I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
188.8.131.52“This notification is accurate.”
184.108.40.206“UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
220.127.116.11“I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”
2.1.6A physical or electronic signature of the complaining party or the authorized agent thereof.
2.1.7Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner)
2.2The complaining party or 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 LisaPenney.com (www.copyright.gov/onlinesp/), (2) contacting LisaPenney.com by mail at DMCA Agent, c/o LisaPenney.com, 5614 N 11th Ave, Phoenix, Arizona 85013, (3) contacting LisaPenney.com by email at firstname.lastname@example.org, or (4) contacting LisaPenney.com by phone at 602-336-5774.
2.3Upon receipt of a complete notification, LisaPenney.com will remove or disable access to the design that is claimed to be infringing from LisaPenney.com. The independent artist(s) who submitted the design will be forwarded a copy of the notification and will be alerted that access to the design has been removed or disabled.
3.Instructions for Independent Artists
3.1Any complaining party or authorized agent thereof following the procedures in Section 2 above can require LisaPenney.com to remove or disable access to copyrighted content. When LisaPenney.com receives a proper notification from a complaining party or authorized agent thereof, LisaPenney.com will immediately comply. This is a legal requirement; you will not receive advance warning and you will not be given an opportunity to “fix it” first.
3.2If you are found to repeatedly submit infringing designs, your relationship LisaPenney.com may be suspended after being identified as a serious offender. Serious offenders will have their account deactivated and will be permanently banned from submitting designs. LisaPenney.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.
3.3LisaPenney.com will only respond to counter-notifications that contain the following:
3.3.1A description of the design that is claimed to be infringing and its URL at the LisaPenney.com website before access to the design was removed or disabled.
3.3.2A statement why the claim of copyright infringement should be rejected.
3.3.3The following contact information
18.104.22.168The responding party’s full legal name.
22.214.171.124The authorized agent’s full legal name (if applicable).
126.96.36.199A postal address for contacting the responding party.
188.8.131.52An e-mail address for contacting the responding party.
184.108.40.206A phone number for contacting the responding party.
3.3.4The following statements
220.127.116.11“UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
18.104.22.168“UNDER PENALTY OF PERJURY, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
22.214.171.124“I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”
126.96.36.199“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 misidentification may be subject to liability for damages.”
3.3.5A physical or electronic signature of the responding party or authorized agent thereof.
3.3.6Your authority for submitting the counter-notification (e.g., independent artist who submitted the design, authorized agent of independent artist who submitted the design)
3.4The responding party or the 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 LisaPenney.com (www.copyright.gov/onlinesp/), (2) contacting LisaPenney.com by mail at DMCA Agent, c/o LisaPenney.com, 5614 N 11th Ave, Phoenix, Arizona 85013, (3) contacting LisaPenney.com by email at email@example.com, or (4) contacting LisaPenney.com by phone at 602-336-5774.
3.5If LisaPenney.com receives your counter-notification, but your design does not comply with the DCMA under LisaPenney.com’s judgement, or the Terms and Conditions document, LisaPenney.com may inform you that LisaPenney.com is not be able to reinstate your work. LisaPenney.com may also request further information from you in order to determine whether the work can be reinstated.
3.6In many circumstances, LisaPenney.com will forward your counter-notification (including the contact information in Section 3.4.3) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact LisaPenney.com to request that LisaPenney.com reinstate your work. If your work otherwise complies with LisaPenney.com Artist’s Agreement and/or the LisaPenney.com Terms and Conditions document, LisaPenney.com may reinstate your work at that time.
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