An artist’s inspiration is drawn from our world and everything that it has to offer. From this standpoint, it is possible and even probable that some artworks, no matter the chosen medium, could feature some similarities or resemblances, purely by coincidence, with those of other artists, present and/or past.
Therefore, we will not consider copyright or intellectual property claims from artists based solely on similarities in style, subject, medium or color pallet.
Violation of Copyright:
As a platform that values artists’ and their artworks’ originality and authenticity, Arto Galleria takes the integrity of intellectual rights very seriously. Unfortunately, despite the precautions taken to avoid it, an artist could directly copy the composition, style, technique, or color pallet of another artist’s artwork.
We will not tolerate the flagrant duplication of artworks and in accordance with section 3 (“Content”) of our Terms & Conditions of Sales, when sufficient proof is presented, Arto Galleria reserves the right to delete artists who, in our judgement, violate artistic copyright.
If you believe you are a victim of an intellectual rights violation from another Arto Galleria artist regarding one or more of your artworks posted on the platform, please follow our Copyright Violation’s Claim instructions below.
Copyright Violation’s Claim:
If you believe that your artistic copyright has been infringed upon by an artist referenced on Arto Galleria, here are the steps to follow. Note that you or a legal representative must be the holder of the copyright to file a claim.
Contact the seller who, in your view, has violated your intellectual property rights by including the following details:
a. A description of the way you believe the artwork in question violates your copyright (on composition, style, technique or color pallet);
b. Provide information (title of artwork, medium, size, date of creation of artwork) and URL which leads to the artwork that, according to you, infringes upon your copyright;
c. Provide information (title of artwork, medium, size) and URL which leads to your artwork – or image of the artwork if it is no longer available on the platform – that, in your view, has been copied.
If within 10 days you have not heard back from the seller in question, contact us at firstname.lastname@example.org, by including as much information as possible. After we’ve received your email, we will take the time needed to analyse the situation and get back to you with a decision within 30 days.
a. If we determine that the artwork does violate your intellectual property rights, we will let you know, as well as the offending seller, by email and the artwork will be deleted from the platform. If the seller persists with the violation, we reserve the right to delete him or her completely from the platform, at our own discretion.
b. If we determine that the artwork does not infringe upon your copyright, we will let you and the seller know and no further action will be taken on our part.
If you do not agree with the final decision, you have the right to pursue other avenues with your grievance, but we would warn you that this process could be time consuming and expensive.
If, after seeking legal counsel, you can provide the appropriate legal documents proving that your copyright was violated, we will let the offending seller know and delete the artwork and/or the artist in question from the platform.
Note: Arto Galleria acts strictly as an intermediary. Claims filed against sellers on the platform are therefore not filed against Arto Galleria. Arto Galleria cannot replace legal institutions that litigate such claims. However, we commit to make all efforts to resolve copyright infringement claims to the best of our abilities and resources, including the deletion from the platform of incriminated sellers’ accounts and/or artworks, if necessary.
Note: For your convenience, we have provided an English version of the original document. This translation is for informational purposes only, and the definitive and original version of this document is the French version.
Updated on: 14/04/2021