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.)
Gypsy Spoonful is considered an ignored platform provider in that we protect our members from the illegitimate use of copyrights and DMCA complaints. Illegitimate use includes submission of copyright reports for content which does not violate any copyrights, trademarks or patents. This happens far more often than you might think and the majority of sites will throw their members under the bus in fear as soon as any complaint is received. We will never do this. If we believe that an abuse report is fake or otherwise does not represent an actual copyright infringement, we will ignore it. Plain and simple.
It is not uncommon for individuals or groups to attempt to strong-arm a site to suspend customers, even before any relevant proof comes in. Instead, when faced with this pressure, we stand up for our member’s rights and demand that the complaint will be handled by the books. We have lawyers too and we know how to use them.
More importantly, to help reduce the number of empty threats and improper use of the law, it is our policy to require that abuse complaints be submitted through registered postal mail within the protocol outlined. DMCA reports sent via email will be ignored.
Notice to complainants
Prior to filing an official complaint, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your filing a complaint does not waive that right.
To file a complaint you MUST follow this protocol:
Once the initial complaint email has been received, Gypsy Spoonful then requires a formal, complete, complaint letter on company letterhead and a valid DMCA notice for trademark, patent or copyright-based takedowns of content. This must be sent in writing within 48 hours of knowledge of the alleged infringement. If this is not done within 48 hours, your complaint will be ignored.
Mail via REGISTERED US MAIL to:
408 Arbor Avenue
West Chicago, IL. 60185
Attention LEGAL DEPT.
In your complaint letter on company letterhead, you must include?
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyrighted work claimed to have been infringed;
- A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit the admin team to find and positively identify that material. For example, we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once the complaint letter and DCMA notice has been received via US registered mail , then:
- Gypsy Spoonful commits to human review prior to any 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 the takedown
- If it is a valid and complete notice, we also commit to forwarding the information contained in that notice to the affected user.
- If we find it is an invalid complaint, protected by the first sale doctrine, other rights, or protocol has not been followed, we will support our user and advise them to file a DMCA counter-notice, and contest the 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, we will deal with it. Although we won’t share the specifics of our repeat infringer policy (we don’t want anyone to game the system, after all), we believe that it strikes the right balance: it protects the rights of copyright owners and protects legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or our site. 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 on behalf of our users in the case of an invalid complaint, 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 our intellectual property stance
see these links:
For more information on Copyright, see this page
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