Art Heroes is a platform that makes it easy for creatives to upload and sell their artistic creations. To continue doing this, it is important that you only upload artworks that you have created yourself using images for which you can prove that you have the appropriate rights. If you would like to offer your works on our platform, you remain responsible for the artworks you sell. Make sure to double-check everything. Fortunately, there are numerous sites you can consult to aid you in this. On this page we will help you on your way.
We will provide you with the right information to get started. Consider this a useful guide into the world of law. Are you not absolutely sure about who holds the rights to an artwork? Then do not offer the artwork on our platform. We would also ask you not to use artworks by other artists as a starting point without being 100% sure about any agreements these artists might be party to.
Wherever you do business and whatever country you are active in, the same applies; wherever you offer artworks under your name, you are and remain responsible for obtaining the correct rights. We briefly list a few important terms.
In short, no. Firstly, you must own the image file uploaded or have the right to use it. In addition, you must also have the right to the image that is depicted. The work must not infringe someone else's rights: this could be copyright, but also a portrait right. This is a complicated area, which we’d recommend looking into carefully.
Note! You are responsible for the work you offer on our platform. Make sure you have the right rights to sell the images.
We’ve summarised some areas to avoid below. Do not upload images that do any of the following:
Infringe the copyright, intellectual property right, portrait right or other publication or privacy rights of third parties;
Contain pornographic, offensive or otherwise unlawful or immoral content.
Contain unlawful or violent acts;
Contain cruelty or violence towards animals;
Incite fraudulent acts or give rise to misleading advertising or unfair competition; or violate any law, statute or regulation.
You retain all rights to your work. You award us a right to sell the image as long as it remains in your shop. If you remove the work, the right to sell also expires.
This also means that we will no longer use your works for new promotions. If we have earlier decided to highlight your work at a fair or in our magazine, this decision cannot be retrospectively ‘unmade’.An existing work may certainly serve as inspiration, as long as you do not stray too close to the original. Working from models is no problem, but create your own work so that the original is no longer recognisable.
Where is the limit? Regardless of the number of differences between two artworks, the question is whether copyright traits have been adopted. What characterises and distinguishes a work should not be copied. It is preferable not to take an existing work as a basis. Allow space for your own creativity.
Unfortunately, we can not provide an exact answer. This is because it depends on what kind of arrangements you have made. Famous people typically have a commercial interest. For that reason, they are entitled to a fair share of compensation from profits. So, always make agreements in this regard.
It is also possible to purchase a licence from certain famous people, which ensures the possibility of incorporating the portrait in a new work. Make sure you get a licence with commercial permission.
Given the large amount of content uploaded daily on our platform, we cannot and will not check all artworks. We cannot be aware of what agreements have been made about individual images and are thus not in a position to adjudicate issues of legality and to judge whether or not an artwork can legitimately be sold on our platform.
Make sure that you will not be left exposed legally. Before joining our platform, read all our terms and conditions.
Notification & removal
At the Art Heroes platform, we facilitate content from the artists that use our platform. We cannot control this content in advance. If you suspect copyright, trademark or other rights have been infringed, please use our copyright notification form (notice and takedown) to report infringement. In this form, you specifically state which artwork(s) may be infringing copyright and why you think this is the case.
What happens after completing the form?
We will review your completed form within one working day and check that it is complete. We will then let you know how we will proceed with the report and what to expect next. If the artwork is immediately found to be infringing copyrights, we will remove it within the next working day. If the infringement is not from are perspective beyond doubt, we will forward your notice to the user who uploaded the artwork(s). The user must then respond to us within 5 working days thereafter, and demonstrate that they have the appropriate rights. We may need more information from you after the user's response. We will endeavour to complete this procedure within 15 working days.
As an artist, make sure you have stored evidence in a place to which you have access. Should an unjustified claim be received, you will then be able to prove that you have the necessary rights.
Have you received a claim or copyright notice either via our copyright notification form or from a third party by some other means? In this case, it has been suggested that you have uploaded an artwork or artworks for which you do not have the correct rights. Please respond to the relevant contact within the specified time limit. We are responsible for the hosting of our platform, and always act in cases of infringement that are brought to our notice. Artworks that are subject to a claim are removed from the site until the case has been resolved. If you can demonstrate to the satisfaction of all parties that you are the legitimate rights holder, then we will, of course, replace the artwork online.
Have you received a claim?
As a first step you might wish to research relevant legal articles. If you are still in any doubt, we would recommend contacting a consultant or lawyer with the appropriate knowledge.
Go to the forum and ask your question! Among thousands of artists, there is always someone online who knows the answer.