the walls.art

Legal

Copyright and takedowns.

We respect the rights of artists and everyone else. If you believe work on The Walls infringes your copyright or trademark, tell us and we will act quickly.

Report infringing work

The online form is the quickest way. It asks for everything the law needs, and you get a reference at once. You do not need an account.

You can still send a notice by email or post to our designated agent below. We handle it the same way.

Our designated agent

Copyright agent, The Walls

thewallsdotart@gmail.com

What a notice needs

  1. The work you own (or a link to it), and the page or pages on The Walls you say infringe it.
  2. Your name, postal address, phone number and email. Mexican law also asks for an alternate email, so the form has a place for one.
  3. Whether you are the owner or authorized to act for the owner.
  4. Why you believe the work infringes your rights.
  5. A statement that you believe in good faith that the use is not authorized by the owner, its agent or the law.
  6. A statement that the information in your notice is accurate and, under penalty of perjury (in Mexico, bajo protesta de decir verdad), that you are the owner or authorized to act for the owner.
  7. That you understand false statements can make you liable for damages and to the penalties the law provides.
  8. Your physical or electronic signature. Typing your full name in the form counts.

We never ask for a copyright registration certificate. Your rights exist whether or not you registered them.

What happens next

  • You get a receipt by email straight away, with a reference number.
  • A person reviews your notice and decides. We aim to decide within 3 days, and sooner when the notice is complete and clear.
  • If we agree, we remove the work or disable access to it, and stop selling prints of it. Paid orders for it that have not been printed yet are held.
  • We tell the seller what we did and why, with a statement of reasons, and send them your notice with your name and the claim.
  • We keep the image's fingerprint so the same image cannot be listed again.
  • We tell you what we decided, and how to appeal if you disagree.

Priority notices

Intimate images shared without consent are handled first, and removed within 48 hours at the latest, as the US TAKE IT DOWN Act requires. Orders from courts and public authorities, and reports about the safety of children, are also handled first. Report an intimate image.

If your work was taken down

If you believe it was removed by mistake or misidentification, you can send a counter-notice. It needs:

  1. The work that was removed and where it appeared.
  2. Why it does not infringe: your own work, a license, an exception, or public domain. If you rely on a license or other document, attach it (Mexico asks for it).
  3. A statement, under penalty of perjury (bajo protesta de decir verdad), that you believe in good faith it was removed by mistake or misidentification.
  4. Your name, address, phone number and email, and a statement that you consent to the jurisdiction of the federal court for your address (or, outside the United States, any judicial district where The Walls may be found) and of the courts of Mexico, and that you will accept service from the person who sent the notice.
  5. Your physical or electronic signature.

We forward your counter-notice in full to the person who sent the notice at once, including your contact details, as the law requires. We put the work back after 14 business days (US law allows 10 to 14, Mexican law 10 to 15; we count on both calendars and use the later date), unless the sender shows us before then that they have started a court action, or in Mexico an administrative, criminal or alternative dispute resolution proceeding, about it.

Repeat infringers

Each Open Walls listing we remove for copyright or trademark infringement is a strike on the seller's account. These do not count as strikes:

  • a notice the sender withdrew;
  • a work put back after a counter-notice;
  • a decision reversed on appeal;
  • removals for other reasons, such as the content policy.

At 3 strikes the account is suspended and every Open Walls listing it has comes down. We may act sooner for serious or deliberate infringement. A suspended seller can appeal the suspension like any other decision.

Unfounded notices

Notices take work down and cost artists sales, so we take false ones seriously. If someone keeps sending notices that are clearly unfounded, we warn them first. If it goes on, we stop handling their notices for a reasonable time. They can appeal that too. Knowingly false notices can also make the sender liable for damages (17 U.S.C. 512(f)).

Appeals

If you disagree with a decision, whether you are the seller or sent the notice, you can appeal for 6 months after it, free. A person looks at it again and answers with reasons.

Questions about this process: thewallsdotart@gmail.com. See also our content policy and transparency report.