As a venue for artists, designers, and makers, Locally Made 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 authorised parties can submit proper notices of infringement regarding content on our marketplace, and how Locally Made sellers can respond when their listings or shops are affected by a notice.
For more information on use of Locally Made’s intellectual property, including guidelines for the use of Locally Made’s Trademarks and brand, please refer to Locally Made’s Trademark Policy
This policy is a part of our Terms of Use.
- Locally Made’s Role
- Notices of Intellectual Property Infringement
- Counter Notices
- Repeat Infringement
- Notice Withdrawals
- Resources
1. Locally Made’s Role
Locally Made is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but Locally Made does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Locally Made’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Locally Made. 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.
Locally Made 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. Locally Made also reserves the right to take action against abusers of Locally Made’s Intellectual Property Policy or our Terms of Use.
Locally Made cannot speak on behalf of intellectual property owners, nor is Locally Made in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Locally Made will remove material cited for alleged intellectual property infringement when provided with a proper notice.
2. Notices of Intellectual Property Infringement
Locally Made strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Locally Made removes or disables access in response to a notice, Locally Made makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Locally Made may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.
Locally Made may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Locally Made may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Locally Made also reserves the right to take action against abusers of this policy.
3. Counter Notice
In accordance with the Digital Millennium Copyright Act (DMCA), Locally Made accepts counter notices for copyright notices only. When Locally Made 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 against the allegedly infringing party and informs Locally Made of this action.
4. Repeat Infringement
Locally Made terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Locally Made’s discretion. If we believe a member has attempted to open a new shop 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, Locally Made reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
5. Notice Withdrawals
Locally Made only accepts withdrawals of infringement notices directly from the intellectual property owner or authorised 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 username, shop name, and Locally Made listing URLs).
Once Locally Made receives a formal withdrawal of a notice of infringement, Locally Made makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by 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.
6. Resources
If material were removed from your shop due to a notice of infringement, or if you would like to learn more about intellectual property issues in general, please contact Locally Made.