Safe Creative Protocol to user’s copyright infringement

Safe Creative provides, among other services, an electronically supported IP registry service. Users of this service, after registration, may register copyrights on their works at the time they upload the electronic files containing and describing them. At that time, and according to the service Terms of Use, the user performing the inscription declares under his or her responsibility to act as the legitimate copyrights holder or his/her representative, under his/her consent.

Therefore, users are those who declare the foregoing rights and determine, where appropriate, possible uses, licenses or applicable reserves. Safe Creative acts as a witness of such statements, generating technological tests of user’s declaration of authorship and / or ownership of copyrights.

Record’s proof of authorship is based on the principle "Prior tempore, potior iure" and supported by technical evidence based on cryptographic fingerprint and time stamping of electronic information or uploaded files, generated by Safe Creative.

To the extent that the creation of the work takes place in a private setting, and courts or arbitration systems are in charge of dispute resolution, Safe Creative, as a registry, is only responsible of a rightful consign of declarations of will, along with the contents or files provided, in order to set ‘iuris tantum’ proof of authorship, meaning that a third party can oppose it by providing other evidence that contradicts and prevails this declaration.

To manage potential conflicts over ownership rights in relation to registrations made in Safe Creative, either between Safe Creative users or between a user and a third party, Safe Creative sets a structured protocol which describes the action to be followed to a notification of unlawful use, plagiarism or copyright infringement by any of its users.

If you notice any copyright infringement, any irregularity or inaccuracy in a record, please notify us by clicking on the link "Notify copyright infringement", on the records information screen at SafeCreative.org

Infringement claims procedure

To start this procedure we will ask for your contact information: Name, address, telephone and email. When acting on behalf of a corporation, you must provide full information on the same (name and domicile) and state your position in the corporation or your status as its representative, whatever is the situation under which you start this procedure.

Along with this information, please provide a description about the offense commited with the reported record, regarding the rights you or your corporation own, with as much detail as possible. You should also indicate what copyrights you have on the work.

Once we receive your notification, Safe Creative proceeds to block the reported record while proceeding to seek agreement or disagreement with the same user who performed it.

If the user who performed the record confirms that it does not contain any mistakes or considers not certain the alleged copyright infringement, the record will be visible again, and so will be a sign of “dispute not resolved” on it.

This sign will be removed in the event that the parties reach an agreement and jointly communicate Safe Creative, or because of the existence of a valid court or arbitration judgment.

The result of the above process will be duly communicated to the person who initiated the claim.

Safe Creative will keep at all times a neutral position with respect to the parties in conflict. They must be those who initiate any administrative, judicial and / or extrajudicial proceedings in defense of their interests. Notwithstanding the foregoing, Safe Creative will provide the documents, certificates and other information on their records as evidence to the competent authorities.

Safe Creative reserves the right to take all necessary and appropriate measures in cases of registrations infringing the platform's terms of use.


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