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Intellectual Property Rights

According to articles 4.2 and 14.1 of our Terms of Service, any user of the comboutique.com service is subjected to Intellectual Property Rights. The purpose of this summary is to clarify for the users of comboutique.com how these rights are meant to be applied to the comboutique.com services.

What is Intellectual Property ?

Like any material properties, intellectual creations grant the creator a property right. The Code of Intellectual Property gathers all legal provisions and regulations that apply to it. There are two categories of intellectual creations, pertaining to the Code of Intellectual Property :

• Literary and artistic : literary works, musical, graphical, audiovisual and software creations, and the rights conferred to the artists, performers and the rights of companies managing those works on behalf of the artists (audiovisual production, record and publishing companies).  
• Industrial property : patents, trademarks, trade secrets, registered names, industrial designs and models.

Examples of content prohibited on the comboutique.com service :

According to the above mentioned definitions, the comboutique.com service prohibits the creation of all product displaying artwork or picture listed in one of the following categories :

• A picture using an artwork, logo, or image of an artist. This restriction applies even if you modify the shape the name, logo or image of the artist. For instance, you cannot create a Britney Spears T-shirt only because you are a fan and that you talk about Britney on your personal web page. Likewise, is you are a Metallica fan, you cannot create « Metalika » T-shirts.  
• Artwork using a name, logo, or picture of a sports team, school or university must be subjected to the prior consent of the rights owner(s).  
• Artwork using a picture or caricature of a celebrity. For instance, if you take the picture of a celebrity with your own camera, that doesn't grant you the right to create a photo with that picture.  
• Artwork using a trademark, logo, registered name of companies or associations, even with the purpose of modifying it.  
• Artwork using an image or photography of a retailed product, like a car or a toy, even if you purchased a copy of it. For instance, you don't have the right to create a T-shirt picturing your car or motorcycle.

FAQ

If I don't make any profit (no margin on the product sale) on my product, it won't be infringement ? WRONG, this is considered as infringement, even if you sell the product to yourself.

I found an artwork on a website, it is then free of right ? WRONG, the fact that an image is freely accessed on a website doesn't make it belong to the public domain.

I took a picture, can I make whatever I want with it ? WRONG, you own the rights to the picture (as the photographer), but maybe you don't own the rights of what appears on the picture (artist, sport event, logo, …).

I created an original artwork based on the creation of a third party, is it legal ? WRONG, you don't have the right to modify the creation of a third party without prior authorization of the third party.

I'm using a clipart, I won't have a problem ? WRONG, make sure that the clipart is free of rights, which is not always the case.

Thank you for reporting any infringement to the Code of Intellectual Property.

If you notice, on the comboutique website or on any standard or premium shop, the existence of a product infringing the Code of Intellectual Property, this is your duty to report it without delay : legal [at] comboutique . com  

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