Intellectual Property Stance
Intellectual Property Stance
Gypsy Spoonful is merely providing the venue for our independent makers to bring their products to market. If you believe there is a violation of intellectual property in a listing, contact the maker directly. If you can not resolve the issue, email the admin team and we will look into the matter.
Please be aware, Gypsy Spoonful fully recognizes the “FIRST SALE DOCTRINE” and will support our makers if there is a misunderstanding regarding your claim of intellectual property infringement and their products on our platform. We have a hands off intellectual property stance.
“The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular
Download the complete Who Has Your Back? 2014: When Copyright and Trademark Bullies Threaten Free Speech report as a PDF.
When somebody wants to silence speech, they often use the quickest method available. When the speech is hosted on a major online platform, that method is usually a copyright or trademark complaint. We’ve observed that some approaches tend to work better than others in preventing that sort of deliberate abuse, as well as the casual censorship that comes from haphazard and dragnet approaches to policing online infringement.
And with respect to both copyright and trademark, online platforms can work to ensure that their policies are exercised in an open and transparent manner, so that users can better understand the scope and scale of copyright and trademark complaints and company responses. Gypsy Spoonful believes in transparency at every level
Major online platforms have become the hubs for so much of our speech. The result is that their policy decisions can have an outsized impact on what speech enters the public discourse, and what gets silenced or relegated to secondary status. As users choose which platforms will host their updates, content, writing, images, and videos, they ought to know which of these services have made explicit commitments to defend that speech against bullies that would try to take it down.
Where does Gypsy Spoonful fall on the spectrum?
When it comes to trademarks, the absence of a detailed statutory safe harbor can mean more uncertainty for service providers, but also more flexibility. Some service providers are very conservative in their response to trademark complaints, taking down content quickly when there’s a complaint, even where there’s little real risk of liability. But other service providers, such as Gypsy Spoonful, choose to adopt policies that accept that a small degree of legal risk is worthwhile to protect their users. For example, Gypsy Spoonful’s intellectual property stance requires trademark complaints to be complete and valid, and we make sure that content is only taken down after human review and consideration, and can give users a chance to challenge those complaints. (In other words, we will generally side with our makers and get their backs~and will not randomly pull listings or content without careful consideration and a formal complaint has been filed.
Notice to complaintants
To file a complaint EMAIL The Admin Team
Email us at the email address above, in that email, we require the following information:
Gypsy Spoonful requires a formal, complete, and valid DMCA notice for copyright-based takedowns of content. If it is a valid and complete notice, we also commit to forwarding the information contained in that notice to the affected user. Trademark disputes. Gypsy Spoonful commits to human review prior to the takedown.We currently have a documented internal trademark dispute resolution process that includes the user and to companies that require complainants to obtain a court order for takedown
If we find it is an invalid complaint, protected by the first sale doctrine or other rights, we will support our user and advise them to file a DMCA counter-notice, and contest the trademark dispute with a request for a court order.
If the complaint is valid, it will be taken down after warning and an opportunity to respond to the complaint has been provided to our user. If a user is found to be habitually in violation of intellectual property guidelines, their membership will be suspended for 10-14 business days, and possibly permanently if the situation is not resolved to our liking. We reserve the right to terminate a relationship with a user for any reason at any time, with no warning necessary.
Gypsy Spoonful is run on a wordpress base format and we will also be in contact with Automattic, the parent company behind WordPress, an active filer of lawsuits in response to abusive takedown requests
For more information on the First Sale Doctrine, or intellectual property stance
see these links:
For more information on Copyright, see this page
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