What should I do if works I own the copyright in are being sold without my consent?
Sparkles reserves the right to remove content which infringes the intellectual property rights of other individuals and entities, including but not limited to copyright, in accordance with our Terms and Conditions.
Pursuant to the Digital Millenium Copyright Act (DMCA), Sparkles operates a notice and take down procedure for alleged infringement of intellectual property rights. In such situations, Sparkles users who believe their copyright or other intellectual property rights have been infringed upon should, in the first instance, contact Sparkles to request a takedown notice form via the following email address: copyright@sparklesnft.com
How are copyright takedown requests processed by Sparkles?
Upon receipt of a copyright takedown request, Sparkles reviews and evaluates the submission for completeness and authenticity in accordance with the DMCA. Should the takedown request fulfil the DMCA requirements, we will remove the content of the alleged infringement from Sparkles. Sparkles does not subjectively determine the legal merits of any potential intellectual property claims and only objectively reviews takedown notices in accordance with DMCA requirements.
Where Sparkles does remove collections and/or items for intellectual property infringements, we endeavour to notify affected users where this is possible. Where we have the email of affected users, we will forward them a copy of takedown request (with any personally identifiable information (PII) redacted), along with instructions on how to file a counter-notice.
Pursuant to the DMCA, the affected user may submit a counter-notice in which they may affirm that they believe and/or can evidence that the content was removed as a mistake or misidentification. More information on takedown counter-notices is available here.
If an affected user files a counter-notice, what then?
Should an affected user submit a counter-notice, Sparkles will forward a copy to the original complainant. Upon receipt of a counter-notice, the complainant may choose to file legal proceedings in protection of their intellectual property rights and/or to prohibit the affected user from engaging in such infringing activities. If the complainant does not commence legal proceedings and provide us with proof of these within 10 working days of receiving the counter-notice, pursuant to the DMCA, the content will be relisted on Sparkles.
Put simply, if Sparkles receives an affirmed counter-notice, the original complainant will need to file legal proceedings should they wish to prevent the alleged content infringing their intellectual property rights from being reinstated on Sparkles.
Furthermore, pursuant to the DMCA, any person knowingly misrepresenting material as infringing could be liable to damages incurred by an alleged infringer due to their content being delisted.
As such, users should be mindful about implications when considering submitting takedown requests and counter-notices.
What amounts to violation of copyright?
Copyright is an exclusive legal intellectual property right given to the creator of works over the ability to distribute that creative work. Should you be uncertain whether you own the copyright (or other intellectual property right(s)) to work on Sparkles, you should consult a legal professional as Sparkles is unable to provide legal advice.
How can I file a copyright takedown request?
To request a collection or item be removed due to a genuine belief that it violates your intellectual property rights, please email copyright@sparklesnft.com to request a takedown notice form and return the completed form to the same email address.
Note that we may forward a copy of your complaint and takedown request (with any PII redacted) to the alleged infringer and encourage parties involved to resolve any disputes directly.
Note that only those owning the intellectual property rights, or their legal representatives, are entitled to submit valid takedown requests. Sparkles does not respond to takedown requests submitted by third parties. Prior to the submission of a takedown request, please ensure that you are entitled to submit it and that you can provide all necessary information to submit a complete and accurate request.
What information is required when submitting my takedown request?
Your takedown request must include the following:
A legal signature (either physical or electronic) of the person whose intellectual property rights are infringed, or who is authorised to act on behalf of the owner of the intellectual property right which is allegedly infringed. Usernames, nicknames and/or pseudonyms are not accepted.
Identification of the work(s) holding the intellectual property rights which are claimed to have been infringed.
Identification of the material(s) which are claimed to be infringing the intellectual property rights (URLs linking to the specific item(s) which are allegedly infringing your intellectual property rights).
Means to contact you, such as your email address.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the copyright or other intellectual property right that is allegedly infringed.
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