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 initiate the action protocol, we will require your contact details: full name, address, telephone number, and email
address. In the event that you are acting on behalf of a legal entity, you must provide the full information of the entity
(legal name and address) and specify your position, representation, or mandate under which you are submitting this
notification.
Additionally, along with this information, which is necessary to contact you, you must provide a detailed description of
the alleged infringement concerning the registered entry and how it relates to the rights that you or your represented
party hold over the work in question. You must also specify the rights you claim to have over the work and provide
any document or publicly available information supporting your claim.
Once we receive your notification, Safe Creative will proceed with the preventive blocking of the reported registration
while we request a response from the user who made the registration, either confirming or disputing the claim.
If the user reaffirms the accuracy of the registered information by signing a responsible declaration, the registration
will become visible again, with a notation indicating that there is an unresolved dispute. This notation will only be
removed if the parties reach an agreement and jointly notify Safe Creative, or by a legally valid judicial or arbitration
resolution.
The outcome of this process will be duly communicated to the person who initiated the claim.
It is important to note that Safe Creative will maintain a neutral stance throughout the process, leaving it to the parties
to take any actions they deem necessary to protect their interests. Notwithstanding this, Safe Creative will diligently
cooperate by providing the documentation, certificates, and any other information related to the registrations as may
be requested by the competent authorities.