When someone creates an original work and fixes it in a tangible medium, they automatically gain copyright ownership of that work. Copyright grants the owner exclusive rights to use the work in specific ways. Various types of works can be protected by copyright, including audiovisual works, sound recordings, musical compositions, written content, visual art, video games, computer software, and dramatic pieces.
There are instances where it is possible to use a copyrighted work without violating the owner’s rights. For example, in the United States, the doctrine of “fair use” allows for certain uses of copyrighted material, such as parody, satire, and social commentary.
Quackatoa welcomes solicited and unsolicited designs from independent artists who understand and agree to comply with Quackatoa’s policies regarding the intellectual property rights of others. All designs chosen by Quackatoa are either new, original, or transformative works that may parody, satirize, or offer social commentary on existing copyrighted works. Quackatoa and its selected designs only make fair use of others’ copyrighted works. Quackatoa respects the copyrights of others and is not affiliated with the copyright holders referenced in the selected designs.
Quackatoa adheres to a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. Quackatoa’s response may include removing or disabling access to a design claimed to be infringing. If such action is taken, Quackatoa will make a good-faith effort to contact the independent artist who submitted the design, allowing the artist to file a counter-notification under Section 512(g)(2) and (3) of the DMCA.
Please follow the detailed instructions below to protect your rights under the DMCA.
Notice of Copyright or Other Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed by us or any user of the Site, please notify us. In accordance with Section 512 of the Copyright Revision Act, as enacted by the Digital Millennium Copyright Act (“DMCA”), Quackatoa designates the following individual as its agent to receive notifications of claimed infringement: via email at info@quackatoa.store.
For your notification to be effective, it should include:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed;
- Identification of the copyrighted work or other material claimed to be infringed, or if multiple works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or subject to infringing activity, along with information sufficient to locate the material;
- Sufficient information to allow us to contact the complaining party;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed.
If you do not comply with all of these requirements, your DMCA notification may not be valid. You acknowledge and agree that upon receiving notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA. If you believe that any content you posted has been removed in error, you may submit a counter-notification in compliance with the DMCA.
To be effective, a counter-notification must include:
- Your physical or electronic signature;
- Identification of the material that has been disabled, and the location of the material before it was removed;
- A statement under penalty of perjury that you have a good faith belief that your material was disabled due to a mistake or misidentification of the material; and
- Your name, address, and phone number, along with a statement confirming that you consent to the jurisdiction of the Federal District Court for the judicial district where your address is located (if in the United States), or if outside the United States, for any judicial district where the site or the disputed material may be found, and that you agree to accept service of process from the complaining party or their agent.
Statements
By submitting a DMCA report to us, you acknowledge that you have read and accepted the following statements:
- I have a good faith belief that the content(s) described in the campaign above violate(s) my rights described above or those held by the rights owner, and that the use of such content(s) is contrary to law.
- I declare, under penalty of perjury, that the information provided above is correct and accurate, and that I am the owner or an agent authorized to act on behalf of the owner of the rights described above.
