Hi
Can digital artworks which has been donated/gifted to me, be DMCA'ed by the same person that donated these materials, 1-2 years, after the fact?
Thank you
your state?
OHIO
I am not real sure I understand your question.
You received digital artwork as a gift a year or more ago and a DMCA takedown notice just removed this artwork from its location online?
How were you using the gifted artwork prior to receiving notice of infringement?
When someone sells you or gives you a work that is copyright-protected, you do not acquire any copyrights in the work. The copyright holder retains all exclusive rights in the work (i.e., the right to reproduce the work, make derivatives, perform or display the work, distribute the work).
When you are given or you buy a copyrighted work, you are given or are buying only the single copy of the work for your own personal enjoyment. You need to have permission from the copyright holder to exercise some of his/her exclusive rights. This permission is generally granted by the copyright holder in the form of a license.
If you are not the copyright holder and the copyright holder has objected to your unlicensed use of his/her work online, the DMCA notice is the fastest way to stop the infringement - and the copyright holder could also sue for damages.