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IP and PR Policy

Swapee is a community built on respect and recognition of artists. We ask, rather we beg, that you remember this when you are posting work on Swapee. If you make sure that all the works you upload consist of your very own, original ideas and are not infringing on the intellectual property or publicity rights of another, you will help us foster the supportive and creative environment that is Swapee. AND, besides being counter to all that Swapee stands for, stealing other people’s work and passing it off as your own is against the law:

There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, generally speaking…

COPYRIGHT law protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.

TRADEMARK law protects the use of words, symbols, designs or logos that identify and distinguish a source of goods.

PUBLICITY RIGHTS protect an individual’s name, image and likeness. Basically this means you can’t use someone else’s identity, to your commercial advantage, without their consent.

A NOTE ON FAIR USE: You might be able to incorporate someone else’s copyright or trademark into your own work, if you do it in such a way that that is considered “fair use” or in such a way that qualifies as another permissible use. However, please be aware that “fair use” typically applies in limited circumstances and isn’t the same as “freedom of speech”. Quite frankly “fair use” is a difficult concept, even for the experts, and the scope of “fair use” is different in different countries. So even if you think you’ve created a work covered by “fair use” or another permissible use, you should talk to an attorney prior to using it in connection with the Swapee service. While some uses might appear “fair” or permissible to you, we ask that you understand that Swapee must act in accordance with its Notice and Takedown procedure when a report has been received. Additionally, certain works may be taken down without a specific report being received if we are otherwise alerted or aware of potential infringement issues.

Ultimately, you take full responsibility for the works you upload and display on Swapee. This is reflected in the Terms of Service. Use of the Swapee website indicates continued acceptance of this Agreement.

So please do us all a favour and if someone has created or owns the rights to a picture, painting, photograph, logo, story, poem or any other work, copyright, trademark or publicity right (regardless of whether it’s an individual or a large global company), obtain consent before you use that work in connection with the Swapee service. This will help ensure that you don’t infringe the rights of any third party and help us promote an encouraging and inspired environment at Swapee filled with wit, soul, meaning and aesthetic genius.

REPEAT INFRINGER POLICY: It is Swapee’s policy, in appropriate circumstances, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademark rights, other intellectual property rights or publicity rights of others.

Notice and Takedown Procedure – Reports and Complaints

Swapee respects the intellectual property rights of others and we ask our users to do the same.

If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify Swapee’s designated agent for complaints (submit form below) by sending a Notice and Takedown Report, which must include the following important information:

an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;

  1. description of the matter claimed to have been infringed;
  2. description of where the claimed infringing content is located on the Swapee website.
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law;
  5. statement by you, made under penalty of perjury, that:
    1. the above information is accurate; and
    2. you are authorised to act on behalf of the owner of the rights involved.

Please use the Notice and Takedown Report Form to submit your report. For all other IP complaints, you can reach us at: hello@swapee.com

Additionally, in certain circumstances, Swapee may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights, or other rights of others purposely.