ACCEPTABLE CONTENT POLICY
We want everyone to be able to design and manufacture the apparel of their dreams. In order to do so, we must insist that all content provided by you to Brist adheres to our Acceptable Content policy. It is of utmost importance that you understand when your content is in violation of our terms or infringes on the rights of other organizations or individuals. Before moving forward with any production work, we encourage you to read and become familiar with this policy. The items below will help to further explain what content is acceptable. Please note that although the following policies were drafted in collaboration with our legal counsel, the items below are purely informative. Since we are neither a law firm nor legal experts, we encourage you to seek proper legal advice if you have any concerns.
Because we want to protect ourselves and our clients from unnecessary complications, any and all content submitted to Brist will be subject to review by our team. If at any point or for any reason we feel that content does not meet our standards or comply with this policy, we reserve the right to refuse or suspend production.
Copyright and Trademark
The U.S. government has instituted specific laws to protect both physical and intellectual property from misuse, unlawful reproduction, duplication, unlawful distribution, and misrepresentation.
Copyright is a form of intellectual property that is available to original works of authorship that
are fixed in a tangible form, whether published or unpublished. Copyright laws give exclusive rights to the creator(s) and protect against unauthorized use, reproduction, distribution, etc. Please note that most original content available online or in print is protectable under copyright law, so long as it has a minimal degree of creativity. A copyright notice or registration is not required to claim copyright protection in the content. It is in your best interest to assume that published content is protected under U.S. copyright law and unlawful to use or reproduce without prior authorization.
Trademarks or service marks refer to words, names, symbols, devices, or any combination that are used to identify and distinguish the goods/services of one seller or provider from those of another, and to indicate the source of those goods/services. Trademark laws assist owners in preventing the unauthorized use of their trademarks (or confusingly-similar variations), particularly in connection with goods or services that are similar or related to those offered by the trademark owner.
Publicity and Privacy
U.S. law also grants the rights of publicity and privacy to individuals. Because a person’s identity, name, voice, physical description, etc are protectable under these laws, it is generally unlawful to use any of these without the individual’s permission. Misappropriation of an individual’s likeness or character may also be subject to legal action.
Google Images & Creative Commons
Though you can find images and content easily online, it does not mean that it is free for commercial use or reproduction. It is wise to assume that you cannot use images, content, etc. found in a general Google image search. Even with the appropriate permissions granted by the author of the content, it is often unclear if he/she has the right to grant those permissions in the first place. It is important to obtain permission from the actual copyright owner, not just the author.
Creative Commons licensing program is fairly complex and has built-in protections, attribution restrictions, and editing permissions that affect how content may be used. It is important to understand exactly what licensing privileges you have before using content owned or distributed by Creative Commons. If you provide us with Content from Creative Commons or another similar source, we ask that you provide proper documentation (including a copy of the license) prior to us beginning our work. If you wish to use content created or distributed by Creative Commons, we encourage you to learn more about Creative Commons Licenses.
Examples of Unacceptable content
Please note that this list is not exhaustive and does not include every possible example of prohibited content.
- Use of logos, names, photos, graphics, intellectual property, or the likeness of bands, sports teams, clubs, companies, and organizations. (e.g., Chicago Bears, Nike, The Beatles: Revolver album cover, the Olympic Rings)
- Use of photos, paintings, and graphics owned or created by artists, photographers, companies, or individuals without permission. (e.g., the Mona Lisa, Published Journalistic images, comic strips)
- Use of any trademarked names of goods, products, or company names (e.g., Frosted Flakes, Coca Cola)
- Use of images or artwork depicting celebrities, athletes, or other people without permission.
- Use of content that is overtly sexual, profane, or otherwise offensive
Client represents and warrants that it has obtained all necessary grants or licenses of all intellectual property rights in or to the artwork shown above and covered under the Purchase Order (“Artwork”). Client agrees to defend, indemnify, and hold harmless Brist (and its employees, representatives, and agents) from and against all claims, liabilities, losses, damages, penalties, fines, and sanctions of any kind arising or resulting from: (i) any breach of any representation, warranty, or covenant of the Client or its affiliates; or (ii) a third-party claim against Brist for the infringement, misappropriation, or violation of any intellectual property right based on the Artwork provided by Client to Brist or any other drawings, designs, or other specifications for materials produced pursuant to the Purchase Order. If any action, suit, or proceeding is commenced, or any claim, demand, or assessment asserted against Brist (or its employees, representatives, or agents) that may result in liability with respect to which Brist may seek indemnification, then Brist shall notify Client promptly and Client shall have the right at its own expense to assume the entire control of the defense, compromise, or settlement. Upon Client’s request and at the Client’s expense, Brist shall cooperate fully in such defense and make available to the Client all relevant information under its control.