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DMCA Policy

Last Updated: January 22, 2025

Graffiti Is Art respects the intellectual property rights of others and expects our users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and similar international copyright laws.

1. Copyright Infringement Notification

If you believe that content on our website graffitiisart.com infringes your copyright, please send a written notice to our designated Copyright Agent with the following information:

Required Information:

1. Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed, or if multiple works are covered by a single notification, a representative list of such works.
2. Identification of the infringing material: A description of where the material you claim is infringing is located on the Site, with sufficient detail that we can locate it (including URL if available).
3. Your contact information: Your name, address, telephone number, and email address.
4. Good faith statement: A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. Accuracy statement: A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
6. Physical or electronic signature: Your physical or electronic signature.

2. Counter-Notification

If you believe that content you uploaded was removed or disabled by mistake or misidentification, you may send a counter-notification to our Copyright Agent with the following information:

Required Information:

1. Your contact information: Your name, address, telephone number, and email address.
2. Identification of removed content: Identification of the content that was removed or disabled and the location where it appeared before removal.
3. Good faith statement: A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
4. Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if outside the United States, that you consent to jurisdiction in any judicial district where Graffiti Is Art may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
5. Physical or electronic signature: Your physical or electronic signature.

3. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. Our Response Process

4.1 Upon Receiving a Valid DMCA Notice:

• We will remove or disable access to the allegedly infringing content
• We will notify the user who uploaded the content
• We will document the complaint
• We may terminate accounts of repeat infringers

4.2 Upon Receiving a Valid Counter-Notification:

• We will forward the counter-notification to the original complainant
• We will inform them that we will restore the removed content in 10-14 business days
• We will restore the content unless the copyright owner files a court action seeking an injunction

5. False Claims

Warning: Under Section 512(f) of the DMCA, anyone who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. If you are unsure whether content infringes your copyright, please consult an attorney before filing a DMCA notice.

6. User Responsibilities

When you upload photos or content to Graffiti Is Art, you represent and warrant that:

• You own the copyright or have obtained all necessary permissions
• Your content does not infringe on any third-party intellectual property rights
• You have the right to grant us the license specified in our Terms of Service

7. Fair Use and Transformative Works

We believe our mosaic projects constitute transformative fair use under copyright law:

• Transformative purpose: We create new artistic works from thousands of individual photos
• Educational and cultural value: We preserve and educate about lost artworks
• Community collaboration: Our mosaics are collaborative works, not reproductions
• Non-commercial mission: Primary goal is art preservation, not commercial exploitation

8. Graffiti Photography and Street Art

Regarding graffiti and street art photography:

• Graffiti in public spaces is generally considered photographable under fair use
• Street art is often created without copyright registration and may be considered public domain
• Our use of graffiti photos is transformative (creating mosaics)
• We encourage users to respect artists' moral rights even when legal rights may not apply

9. International Copyright Issues

We serve a global audience and respect international copyright laws:

• We comply with the Berne Convention for the Protection of Literary and Artistic Works
• We honor copyright claims from all countries
• International users can file DMCA-equivalent notices
• We work with local copyright authorities as needed

10. Trademark Policy

In addition to copyright claims, we also respond to legitimate trademark infringement claims. If you believe content on our Site infringes your trademark, please contact us using the same process as DMCA notices, clearly identifying it as a trademark claim.

11. Processing Time

We aim to process all DMCA notices and counter-notifications within:

• Takedown requests: 24-48 hours after receiving a valid notice
• Counter-notifications: Forwarded within 24 hours of receipt
• Restoration: 10-14 business days after counter-notification (if no legal action filed)

12. Contact for Non-DMCA Copyright Questions

For general copyright questions or licensing inquiries that are not DMCA takedown requests, please contact:

Email: cameron_moir@hotmail.com
Subject: "Copyright Inquiry"

13. Changes to This Policy

We may update this DMCA Policy from time to time. Changes will be posted on this page with a new "Last Updated" date.

14. Related Policies

For more information, please see:

• Terms of Service
• Privacy Policy

This DMCA Policy is effective as of the "Last Updated" date above and applies to all content on graffitiisart.com.