What is Drawy?
Drawy is an all-in-one platform for designers and companies in the textile and clothing industry. The platform provides 3 handy tools (Opyright Manager, Print Garage and Advanced Webshop) which enables its users to store, protect and trade textile prints in an easy and cost-effective way.
Which files can I upload?
The platform is focused on the textile and clothing industry so following extensions are allowed:
Tiff, Tif, PSD PNG, JPG, JPEG, AI, Gif
The Maximum file size is 100MB
Where can I find all legal documents applicable to the use of Drawy?
As Drawy aims to facilitate the sale of prints, which are often protected by intellectual property rights, Drawy makes available a contract regarding the intellectual property rights assignment that the seller accepts to use by selling a print in the Advanced Webshop and that also the buyer accepts to execute when purchasing a print in the Advanced Webshop. Consequently, the terms on which the sale of the print takes place are clear and transparent to both parties and the buyer is certain that he receives all relevant intellectual property rights in the print. A copy thereof will be e-mailed to the buyer and the seller after the purchase.
How does the payment and invoicing process take place?
VAT is applied on the monthly subscription fee and the applicable fees for timestamps in accordance with the EU VAT rules for electronically supplied services.
If you are a consumer residing in the EU, this means, in general, that VAT will be charged in the EU country where you reside.
Your credit card will be automaticcaly credited at the beginning of each subscription month and at every purchase of extra timestamps, storage space or at the purchase of a design.
Why Should I use Drawy to Protect my prints?
Because it’s easy, cheap and fast. On top of that all prints and legal documents are stored in a centralized place making it easy to find everything. By using Drawy (i.e. by timestamping your prints) you can protect yourself against copycats infringers as from the moment on which you add your print to the Drawy platform.
Can I upload any material of my choice?
Drawy does not accept the dissemination of unlawful, infringing, offensive or otherwise objectionable prints or other materials. Reference is made to clause 6 (Customer obligations when uploading Hosted Data) of the Drawy Terms and Conditions to have a complete view on which behaviors are prohibited.
Although Drawy today does not perform preliminary screenings of any prints or other materials uploaded to the Drawy platform, Drawy reserves the right to take down prints uploaded to the platform that are considered unlawful, infringing, offensive or otherwise objectionable pursuant to the Drawy Terms and Conditions.
In any event, you should be aware that only you are responsible for the prints and other materials that you upload and that Drawy does not assume any responsibility in this regard.
Should I keep a back-up copy of the prints stored on the Drawy platform?
Drawy intends to be an easy, cheap and fast way for managing and trading prints. In this respect Drawy will undertake reasonable efforts to maintain appropriate administrative, physical and technical safeguards to protect the stored prints against accidental or unlawful destruction, loss, alteration, disclosure and access. Drawy however does not aim to replace professional back-up solutions. Therefore, you will remain responsible for making adequate back-ups of your prints as you see fit.
What is an electronic time stamp and what is its legal value?
An electronic time stamp is defined by Regulation 910/2014 on electronic identification and trust services as “data in electronic form which binds other data in electronic form to a particular time establishing evidence that the latter data existed at that time”. A qualified electronic time stamp, which is offered by Drawy, is an electronic time stamp that meets a number of strict requirements.
As to the legal value of an electronic time stamp, it must be emphasized that an electronic time stamp may not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements of the qualified electronic time stamp. A qualified electronic time stamp however shall enjoy the presumption of the accuracy of the date and the time it indicates and the integrity of the data to which the date and time are bound and must be recognised as such throughout the EU.
In other words, when you request Drawy to time stamp your print with a qualified electronic time stamp, this qualified time stamp provides legally binding proof that your print was available at that point in time. In case of possible infringement proceedings, it allows you to demonstrate the existence of your print at that point in time.
How long are electronic time stamps kept by Drawy?
The records establishing the electronic time stamps will be stored by Drawy for a period of five years, after which Drawy may delete them from its systems, unless you request us to prolong the retention term.
How does an electronic time stamp differ from a notary?
An electronic time stamp is a fast, cheap and user-friendly way for proving the date of a print. In accordance with Regulation 910/2014 the accuracy of the date and the time indicated in a qualified time stamp attached to a print is legally presumed to be correct. Although that presumption can be challenged in court, such a challenge will be difficult given the high standards to which time stamps are held.
A notary is a more expensive, more old-fashioned and more formalistic way for proving the data of a print, as it requires the personal intervention of a notary to confirm that your print indeed exists at the time presented to him. Although a notarial deed, in which such observation would be established, in theory enjoys a higher evidential value than an electronic time stamp, it must be emphasized that since the adoption of the Regulation 910/2014 a sold framework exists for electronic time stamps, making them a reliable and trustworthy alternative.
How does the selling process work?
Selling prints on Drawy is very easy. Each print that has been time stamped can be sold on in the Advanced Webshop. Buyers can search for prints based on tags, different style categories and designers, and can buy prints with just a few clicks.
Should my print be in repeat?
This is not obliged, but strongly recommended so that buyers have a better view on the print.
What if I want to get into contact with the designer?
If you like the designer’s style or would like the designer to make some adjustments to a prints he is selling you can contact him through our chat function.
Are all prints available for sale on Drawy protected by intellectual property rights?
Prints can be protected by multiple intellectual property rights. For example, a print that is original could benefit from copyright protection, whereas a print that is new and has individual character can be protected as a registered or unregistered Community design.
Whether or not a print benefits from any intellectual property rights protection will depend on the print. Drawy does not screen the prints made available on its platform and does not guarantee in any way that prints that are offered for sale are protected by intellectual property rights.
However, as prints will often be protected by intellectual property rights, Drawy requires the seller amongst others to confirm that he owns all rights and does not infringe any third party’s intellectual property rights and consequently to transfer all his intellectual property rights to the buyer upon the purchase.
If you require advice as to whether a print is protected by intellectual property rights and/or infringing third party rights, we recommend you to contact an attorney specialized in intellectual property law. Drawy operates a platform to manage and trade prints, but does not provide legal advice.
How will the transfer of intellectual property rights take place?
To accommodate the sale of prints through the Advanced Webshop, Drawy makes available a standard contract regarding the intellectual property rights assignment that the seller accepts to use by selling a print in the Advanced Webshop and that also the buyer accepts to execute when purchasing a print in the Advanced Webshop.
Under Belgian law a transfer of intellectual property rights should be made in writing. To facilitate the conclusion of contracts electronically, the Belgian legislator has put in place legislation to confirm that an electronic contract meets the requirement of writing. In addition, in accordance with clause 5.6.1 of the Drawy Terms and Conditions the electronic acceptance of the contract regarding the intellectual property rights assignment is assimilated with a handwritten signature and all Drawy users are considered to accept the legal validity of that agreement.
Which documents do I get as a buyer after buying a print?
A part from the invoice and Timestamp PDF of the print you will also get a copy of the “Intellectual property rights assignment” contract. After each sale both parties (seller and buyer) will automatically get all the necessary documents via mail. These documents will clearly state that the buyer is the rightful owner of the print bought and that the seller transfers all his rights on the print.
What type of files do I receive when buying a print?
This all depends on the type of file that the designer has uploaded onto our servers:
Tiff, Tif, PSD PNG, JPG, JPEG, AI, Gif
It is always clearly stated which type of file is for sale so be sure to take a good look before buying a print.
Can I sell a print more than once? / What does the share function do?
Each design print sold via the Advanced Web shop involves the transfer of all associated rights to the buyer, meaning that the seller can sell a print only once. That being said, our pro users have access to the share function which gives them the opportunity to easily share prints with certain customers that are not Drawy members. This gives them the opportunity to show their existing customers their new creations online without having to use the Drawy web shop and thereby gives them the option to conclude custom non-exclusive license agreements on a case-by-case basis.
What can I do if a print that I purchased on Drawy is infringing the rights of a third party?
As set out in the Drawy Terms and Conditions and the standard contract regarding the intellectual property rights assignment, Drawy requests sellers to represent and warrant that they hold all intellectual property rights in the prints that they offer for sale through the Advanced Webshop.
In case a seller does not comply with this obligation and sells a print that is infringing third party rights, and the concerned third party attacks you for the alleged infringement of his intellectual property rights, you can formulate a claim towards the seller to recover the damages you suffered. Please note that Drawy will not intervene in such disputes and/or proceedings. As Drawy only provides the platform to conduct the purchase, it does not monitor the prints that are sold and consequently does not accept any liability for the sale of infringing prints.
How can Drawy protect me against fraudulent users?
All Drawy users are registered and have to formally identify themselves with a credit card. The Drawy platform is a closed community and non-members cannot access the Advanced Webshop. Hence, all Drawy users have to formally identify themselves when registering for the first time. In addition, we register all movement on our platform in access logs.
Provided you share proof of indications of infringement of your print, and depending on your subscription, Drawy can provide you with the relevant information from our access logs in order to be able to verify whether specific users access your prints in the Advanced Webshop.
Drawy also reserves the right to suspend or terminate the account of users who are infringing the rights of others.
Who issues invoices to whom in respect of sales of prints concluded on Drawy?
Invoices in respect of sales of prints concluded via the Advanced Webshop are issued as if Drawy intervenes as an intermediary between the seller and the buyer, acting itself as a buyer and a (re)seller of the prints. Therefore, if you are a business buying a print via the Advanced Webshop, you will receive an invoice from Drawy in respect of that purchase. If you are a business selling a print via the Advanced Webshop, Drawy will issue an invoice to itself in your name and on your behalf in respect of that sale (self-billing). For further reference, please consult our T&C.
What with refunds and returns?
As all sales include all the intellectual property rights on the print and are executed immediately, there are no refunds and returns possible.