Copyright FAQs

The Decorative Painting Store is not a legal authority on copyrights, but we do try to use a common sense approach.

Copyright Responsibilities as a Buyer

Please respect the designer’s copyright and read their copyright statement.  If they do not include one, and you have questions about what you are able to do with a design, please contact the designer directly with your questions.  They should have contact information in their pattern.  The Decorative Painting Store cannot speak on their behalf except for some general guidelines.

  1. Painting patterns are sold with the intent for you to paint the design provided for your personal use.
  2. Most, if not all, designers have no problem with you personally painting and selling the design in their pattern on a limited basis.  Mass producing is not allowed.
  3. Contact the designer for permission if you want to teach the design.  Please note that permission to teach does not mean you have permission to copy the pattern and photos for each of your students, nor does it mean you have permission to create your own version of the pattern by photographing your painting of the design and rewriting the instructions in your words.  Contact the designer for specifics.  Most designers are happy to sell patterns to teachers for their students at a discount.
  4. You may not claim the design as your own copyrighted work just because you painted it.
  5. If you post pictures of the project you painted from a pattern on your website or on social media, please give the designer credit in your description.
  6. Don’t assume just because a copyright statement (or lack of one) does not state you cannot do something that you can.  Check with the designer first.

Copyright Responsibilities as a Designer

We expect designers to provide patterns for sale that are their own designs and do not infringe on the copyright of other designers.  We recognize that due to the nature of our decorative painting and craft industry there is a lot of crossover in painting styles, techniques, themes, and subject matter, so while designs may be similar, we have faith it is usually a matter of coincidence in following trends rather than one designer intentionally violating the copyright of another until we are proven wrong.

COMPLAINTS OF COPYRIGHT INFRINGEMENT

Following is The Decorative Painting Store policy regarding copyright disputes between artists/designers.  We cannot and will not pass judgment on alleged copyright violation(s) brought to our attention, since claims of copyright infringement can be based on nuance vs. an obvious copy of a design and we are by no means knowledgeable  of every designer participating in our industry and each of their patterns. Copyright disputes that arise between artists/designers whose digital patterns we sell must be settled by the parties involved and the appropriate legal authority.  It is the sole responsibility of the parties involved to pursue such an investigation. 

We also feel it is unprofessional for designers to use social media as the ‘court of public opinion’ to solve their copyright disputes.  These type of issues are business matters that should be kept private between the involved parties.  If we have evidence that any designer we sell for is making public accusations against another designer on social media or other internet sites and involving our website in the disputes, we will have the discretion to remove all of their patterns from our store.

We will follow the general guidelines of the DMCA regarding notifications of infringement.

Infringement Notification

If you think your copyright has been violated by a pattern on our site, please complete the Notice of Copyright Infringement Documentation which includes the following information:

  • The name, address, and electronic signature of the complaining party.
  • Sufficient information to identify your copyrighted works including legible photos, line drawings, copyright date
  • Title, Product ID, and designer name of the pattern on our website that you are alleging violates your copyright
  • A statement that you have a good faith belief that there is no legal basis for the use of the pattern design you are making a complaint about.
  • A statement of the accuracy of the notice and, under penalty of perjury, that you are the owner of the copyright or have legal authorization to act on the behalf of the owner.

If completed documentation of an alleged copyright infringement as outlined is submitted, we will provide the documentation to the artist/designer who is being accused and disable/remove the contested patterns from our store.  Removal of patterns being disputed should in no way should be construed as our taking sides in the dispute, we are simply following the law.  Please note that you could be liable for damages (including costs and attorney’s fees) if you materially misrepresent that a pattern is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the design, we suggest that you first contact legal counsel.

You can download our Notice of Copyright Infringement HERE.

Please complete and mail the documentation to:

The Decorative Painting Store
726 Meadow View Drive
Villa Hills KY 41017-1135
USA

or email it to:  sharon@decorativepaintingstore.com

Counter Notification

The artist/designer of the allegedly infringing digital pattern may make a counter notification pursuant to the US Copyright Act.

To file a counter notification, the artist/designer must provide a written communication (by email or regular mail) that sets out the information specified below. Please note that you could be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.  Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact legal counsel.

  • Identification of your pattern that has been removed or to which access has been disabled.
  • Your name, address, and telephone number.
  • The following statement: “I consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.)”
  • The following statement: “I will accept service of process from [insert the name of the artist/designer who submitted the infringement notification] or his/her agent”.
  • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”.
  • Sign the document with your physical or electronic signature.

You can download our Counter Notification of Copyright Infringement HERE.

Mail the documentation to:

The Decorative Painting Store
726 Meadow View Drive
Villa Hills KY 41017-1135
USA

or email it to:  sharon@decorativepaintingstore.com

Upon receiving a proper counter notification, The Decorative Painting Store will provide the artist/designer who sent the original infringement notification with a copy of the counter notification, and inform that person that the pattern(s) will be reinstated on the store’s website in 14 business days following receipt of the counter notice, unless we first receive notice from them that they have filed an action seeking a court order to restrain the designer from infringing activity relating to the pattern in our store.

 

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