At Gelato, we are passionate about creativity and deeply committed to freedom of expression. Our platform exists to empower creators, giving them the tools to bring their ideas to life and share their vision with the world. We celebrate artistic diversity and believe that creativity flourishes in an open environment.
While we uphold this principle, we also recognize the need to navigate certain legal and ethical considerations. Our guidelines exist not to restrict, but to provide clarity on the minimal boundaries necessary to ensure a space where creativity can thrive for all.
Understanding Copyright
Copyright protects authors' creative works from unauthorized use. Before uploading any content to Gelato, it's vital to understand the implications of copyright law.
What is Copyright?
Copyright gives creators of original works exclusive rights, including:
Reproduction: Making copies of the work
Public Display: Showing the work publicly
Distribution: Sharing copies of the work
Derivative Works: Creating new works based on the original
Always ensure you have the right to use content before uploading it to Gelato. For more information on copyright law, please refer to the resources below:
What is Copyrightable?
Copyright protection extends to a wide range of creative works, including:
Architectural plans
Cartoon characters
Diagrams
Drawings
Literary works
Maps
Paintings
Photographs
Posters
Sheet music
Remember, using copyrighted work without permission can lead to legal consequences.
Consequences of Copyright Infringement
Uploading copyrighted material without authorization can result in serious penalties, including substantial monetary damages. For example, under US law, statutory damages for copyright infringement can range from $750 to $30,000 per infringed work. Willful infringement can lead to damages as high as $150,000.
Gelato takes copyright infringement seriously. If we receive a notification about infringing material, we will remove or disable access to the content as required by law. Repeat infringers may have their accounts terminated. (see below)
Understanding Fair Use
The "fair use" doctrine permits the limited use of copyrighted material for specific purposes, such as:
Criticism
Commentary
Parody
News reporting
Research
Teaching
However, fair use is a complex doctrine, and determining whether a particular use qualifies is not always straightforward. Non-commercial use does not automatically constitute fair use. For more information on fair use, please refer to the resources below:
Key Copyright Considerations
Using even a small portion of a copyrighted work can result in infringement.
A copyright notice (©) is not always required for copyright protection to apply.
Distributing content with copyrighted material without permission is illegal, even if it's free.
There's no "private" copying exception in US law. Even personal use can be infringement. (See Section 12 of the Norwegian Copyright Act for an exception under Norwegian law.)
Attribution to the copyright owner doesn't excuse infringement.
Creating a new work based on copyrighted material can still be infringement.
Only using content you created entirely yourself guarantees no copyright infringement.
Navigating Trademark Law
Trademarks protect words, names, symbols, or designs that identify and distinguish goods or services in the marketplace. It's crucial to understand trademark law to avoid infringement.
What is a Trademark?
Trademarks serve as source identifiers, helping consumers distinguish between products from different sources. They can include:
Words
Phrases
Logos
Symbols
Using someone else's trademark without authorization can lead to legal issues.
Examples of Trademarked Goods
Trademarks protect a wide range of goods, including:
The Coca-Cola swirled bottle
Famous character designs
Well-known product names and logos (e.g., Nike swoosh)
Unauthorized use of trademarks on Gelato is strictly prohibited.
Third Party Rights and your User Content (including AI-generated content)
The content that you or your end-customer(s) submitted to Gelato for printing is subject to our Terms of Service, Privacy Policy, and other terms and conditions on our website or otherwise communicated to you.
According to our Terms of Service:
you must ensure you have all required rights and authorisation to use and print the user content through Gelato;
you must not upload or seek printing of any content that infringes any third party's intellectual property or other rights or violates applicable law of any jurisdiction;
you will indemnify and defend Gelato against any third-party claim alleging that your user content infringes a third party’s intellectual property or other rights or violates applicable law;
Gelato will promptly terminate without notice the accounts of Customers that are determined by Gelato to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had Digital Assets or other materials removed from the Platform at least twice.
The above terms extend to cover artwork that is generated by any AI tool (AI-generated content). As the regulatory requirements in AI are evolving and different countries have different AI regulations in place, you should check whether the AI-generated content you submit to Gelato for printing complies with the applicable regulations.
Publicity Rights and Other Considerations
In addition to copyright and trademark, it's essential to be mindful of publicity rights and other legal aspects when uploading content to Gelato.
Protecting Publicity Rights
Publicity rights protect individuals from the unauthorized use of their name, image, voice, likeness, or other identifying characteristics for commercial purposes. Always obtain consent before using someone's identity in your content.
Inappropriate or Illegal Content
Gelato reserves the right to reject orders that violate laws, infringe on third-party rights, or contain inappropriate, obscene, or immoral content. While we strive to prevent such content, Gelato is not liable for any violations or infringements that may occur.
Notification of Claimed Infringement
If Gelato receives a notification of claimed infringement regarding your uploaded content, we will notify you at the email address associated with your account. It's your responsibility to keep your contact information current. If you believe the notification is in error, you can submit a counter-notification following the procedures outlined in our Terms of Service.
Responsibility for Content
You are solely responsible for the content you upload to Gelato. If you have any doubts about the legality of a requested print job, contact the user who submitted the order and address your concerns. You have the right to refuse any order that raises red flags.
By using Gelato's services, you agree to comply with our guidelines and Terms of Service.
Restricted Content
To maintain a fair and responsible platform, we do not allow content that falls into the following categories. As a user, you are fully responsible for ensuring that the content you upload to our Platform complies with these guidelines.
Intellectual Property Violations
Any content that infringes on copyrights, trademarks, or other intellectual property rights is strictly prohibited. This includes, but is not limited to, unlicensed use of logos, brand names, character likenesses, and copyrighted artwork.Illegal content and Hate Speech
We do not allow content that is illegal, incites hatred, violence, or discrimination against individuals or groups. It is your responsibility to ensure compliance of your content with the laws and regulations of the country you send orders to.Pornographic Content
While we support artistic expression, we do not permit explicit pornographic content. We allow nudity and erotic artwork.
As stated in our Terms of Service, the submission of restricted content may lead to the suspension or the termination of your account.
Production Considerations
Gelato works with a network of partners to produce and fulfill orders worldwide. These partners operate in various regions and have differing levels of sensitivity to certain types of content. In some cases, this may impact the production or availability of certain products in specific markets. While we strive to ensure all creators have the freedom to design and sell their work, there may be situations where orders containing restricted or sensitive content could face production challenges.
These guidelines help us create a platform where creators can thrive while ensuring that all content aligns with ethical and legal standards. We appreciate your cooperation in upholding these principles and look forward to supporting your creative work on GelatoCreate.