Intellectual Property Policy

As a venue for artists, and makers, Fan Art Emporium takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit reports of infringement regarding content on our marketplace, and how Fan Art Emporium sellers can respond when their listings or shops are affected by a report.

This policy was published and effective on August 1, 2023. 

This policy is a part of our Terms of Use.

1. Fan Art Emporium‘s Role
2. Reports of Intellectual Property Infringement
3. Counter Notices
4. Repeat Infringement
5. Withdrawals

1. Fan Art Emporium’s Role

Fan Art Emporium is a marketplace comprised of individual third¬-party sellers/artist who are responsible for their inventory, and complying with the law. We provide a venue, but Fan Art Emporium does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Fan Art Emporium’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Fan Art Emporium. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

Fan Art Emporium reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. Fan Art Emporium also reserves the right to take action against abusers of Fan Art Emporium’s Intellectual Property Policy or our Terms of Use.

Fan Art Emporium can’t speak on behalf of intellectual property owners, nor is Fan Art Emporium in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Fan Art Emporium will remove material cited for alleged intellectual property infringement when provided with a report that complies with our policies.

2. Reports of Intellectual Property Infringement

Fan Art Emporium strives to respond quickly when we receive a report of intellectual property infringement that complies with our policies by removing or disabling access to the allegedly infringing material. When Fan Art Emporium removes or disables access in response to a report, Fan Art Emporium makes a reasonable attempt to contact the affected member, provide information about the report and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Fan Art Emporium may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected member.

To submit a report of alleged infringement against usernames, shop names, videos on an Fan Art Emporium shop page, or videos from an Explore post on Fan Art Emporium, use Fan Art Emporium’s Reporting Form.

Fan Art Emporium may request additional information before processing a report, such as a letter of authorization from the rights owner, identity verification of the reporting party, or other documentation regarding the claimed right. Fan Art Emporium may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Fan Art Emporium also reserves the right to take action against abusers of this policy.

3. Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), Fan Art Emporium accepts counter notices for copyright infringement reports only. When Fan Art Emporium receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order restraining the allegedly infringing party from relisting the items, and informs Fan Art Emporium of this action. Read more about DMCA notices, counter notices, and requirements here.

4. Repeat Infringement

Fan Art Emporium terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Fan Art Emporium’s discretion. If we believe a member has attempted to open a new shop return to the marketplace after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, Fan Art Emporium reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

5. Withdrawals

Fan Art Emporium only accepts withdrawals of infringement reports directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the artist name username, shop name, and Fan Art Emporium listing URLs).

Once Fan Art Emporium receives a formal withdrawal of an infringement report, Fan Art Emporium will contact the withdrawing party to confirm receipt and will notify the affected member of the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s shop status.