Oscar E. Berninghaus

What exactly is "Copyright"?

Which type of works are subject to copyright?

Copyright ownership gives the owner the exclusive right to use the work - with some exceptions. When a person creates an original work, fixed in a tangible medium, he or she automatically owns copyright to the work.

Some types of works eligible for copyright protection are written works, such as lectures, articles, books, and musical compositions and visual works, such as paintings, posters, and advertisements.

Is it possible to use a copyright-protected work without infringing? Yes, for more about this - you may wish to learn about “fair use.” Also, some content creators choose to make their work available for reuse with certain requirements. For more about this, you may wish to learn about the Creative Commons license.

It is important to note that your content can be removed in response to a claim of copyright infringement, even if you have given credit to the copyright owner and refrained from monetizing the infringing content.

Can ARTephant determine copyright ownership disputes between 3rd parties? No.

ARTephant is not able to mediate 3 rd party rights ownership disputes. If we receive a complete and valid takedown notice, we act to remove the content as the law requires. When we receive a counter notification, we forward it to the person who requested the removal. If there is still a dispute - it’s up to the parties involved to resolve the issue via appropriate channels.

What is the difference between copyright and trademark?

Copyright is just one form of intellectual property. It is not the same as trademark, which protects brand names, mottos, logos, and other source identifiers from being used by others for certain purposes.

The easiest way to file a complaint is to contact ARTephant.

Copyright Infringement Notification Requirements:

Copyright notifications must include the following elements. Without this information, we will not be able to act upon your request, please provide ARTephant with the following information:

1. 1. Your contact information – you will need to provide information that will allow us to contact you regarding your complaint, such as an email address, physical address and/or telephone number.
2. 2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works. Your description must contain the specific URL of the content you believe infringes your representative rights, or we will be unable to locate it. A general description of the location of the content is not adequate. Please include the URL(s) of the exact content at issue.
3. 3. You must agree too and affirm both of the following statements:

   A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

   A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

Note: All Copyright complaints require the physical and/or electronic signature of the copyright owner (or a representative authorized to act on their behalf). To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.