IP & Takedown Policy
How rights-holders report alleged infringement, how we respond to and action valid notices, and how counter-notification and repeat-infringer processes work.
INTELLECTUAL PROPERTY & TAKEDOWN POLICY
The Fabric Shop Pty Ltd (ABN: 69 693 515 687)
Last Updated: 15 July 2026 | Version 3.2
Overview
1.1 Who this Policy applies to
The Fabric Shop Pty Ltd (ABN: 69 693 515 687) (“The Fabric Shop”, “we”, “us”, “our”) respects the intellectual property rights of others and expects all customers, Design Partners, and users of our Site to do the same. This Policy applies across all our websites (thefabricshop.com, our primary website, and the regional domains thefabricshop.au, thefabricshop.uk, thefabricshop.eu, and thefabricshop.us, which route to it).
1.2 Where user-uploaded content appears on our Site
Our platform includes user-generated content in two places:
PrintLab Customer Content: designs that customers upload to print on fabric for themselves.
PrintLab Library Content: designs offered by our Design Partners through their studios on PrintLab, for printing onto a fabric base of the customer’s choice.
This Policy sets out how to report alleged infringement, how we respond, and how we handle repeat infringers.
1.3 Relationship to our other terms
This Policy forms part of our Terms of Service and is incorporated by reference into the PrintLab Design Submission Agreement (governing Customer Content) and the Design Partner Agreement (governing Library Content). In particular:
Customer warranties: every customer who uploads Customer Content warrants that they own or have licensed the content (Terms of Service Section 6.4; PrintLab Design Submission Agreement Section 2).
Design Partner warranties: every Design Partner warrants ownership, non-infringement, and original human authorship of their Designs (Design Partner Agreement Sections 5.1, 5.2, and 5.4).
Indemnities: an Uploader whose content gives rise to a third-party claim indemnifies us under Terms of Service Section 14 (for customers) or Design Partner Agreement Section 9 (for Design Partners).
1.4 Legal framework
This Policy is intended to be consistent with the user-content frameworks applicable to a host of user-uploaded content, including:
Australia: Copyright Act 1968 (Cth) and Trade Marks Act 1995 (Cth);
United States: Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512;
European Union: Copyright in the Digital Single Market Directive (EU) 2019/790 and Digital Services Act (EU) 2022/2065;
United Kingdom: Copyright, Designs and Patents Act 1988 and the Electronic Commerce (EC Directive) Regulations 2002 (hosting liability).
Where you are located in a jurisdiction with a more specific notice-and-takedown regime than the framework set out below, your statutory rights are not affected by this Policy.
Reporting Copyright Infringement (Takedown Notice)
If you believe that content available through The Fabric Shop infringes your copyright, please submit a formal Takedown Notice to our Designated Agent. Your notice must include all of the following:
1. Identification of the copyrighted work. A clear description of the copyrighted work you claim has been infringed (for example, “My floral pattern titled Spring Rose, registered as [details], published on [date]”). Where you hold multiple works on a single site, a representative list is acceptable.
2. Identification of the infringing material. Specific details sufficient for us to locate the material on our Site, preferably the direct URL to the product or design page, and the name under which the material appears.
3. Your contact information. Your full name, postal address, telephone number, and email address. If you are acting as an authorised agent of the rights-holder, please state the name of the rights-holder and your authority.
4. Statement of good faith. A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law.
5. Statement of accuracy. A statement that the information in the notification is accurate and that you are the copyright owner or are authorised to act on their behalf, made under penalty of perjury (for notices made under the US DMCA) or equivalent legal affirmation in your jurisdiction.
6. Signature. A physical or electronic signature of the copyright owner or the authorised representative.
Please submit your Takedown Notice to:
Email: legal@thefabricshop.com
Subject line: IP Infringement Notification
Tip: notices that include the URL of the product or design page, the Uploader’s display name, and a side-by-side comparison of the works are actioned fastest.
Our Response to a Valid Notice
3.1 What we will do
On receipt of a valid Takedown Notice containing all required information, we will:
1. Remove or disable the content. We will expeditiously remove or disable access to the allegedly infringing content. For Library Content, this means removing the Design listing from our Site and halting new orders for it. For PrintLab Customer Content, this means halting fulfilment of any order that is in progress and disabling the relevant uploaded file in our systems.
2. Coordinate removal at our Fulfilment Provider. Because manufacturing, printing, and dispatch are performed on our behalf by our overseas Fulfilment Provider (a related body corporate of The Fabric Shop), we will instruct the Fulfilment Provider to remove the file from any active production queue and from its systems once any open order is paused or cancelled. The Fulfilment Provider acts on our instructions and does not make independent takedown decisions.
3. Notify the Uploader and provide a Statement of Reasons. We will take reasonable steps to notify the user who uploaded the content (the “Uploader”) that it has been removed, and provide a Statement of Reasons including (i) the fact of removal or disabling, (ii) a description of the specific content actioned, (iii) the legal and contractual grounds relied on, including a copy of the Takedown Notice with personal contact details of the complainant redacted where appropriate, and (iv) information about the Counter-Notification process in Section 4, the internal complaint mechanism in Section 10, and the possibility of seeking judicial redress.
4. Record the incident. We will record the incident on the Uploader’s account history for the purpose of the repeat-infringer process in Section 5.
5. Hold any related royalties. Where the allegedly infringing content is Library Content from a Design Partner, we will withhold royalty payments attributable to that content pending resolution of the complaint. Suspension and termination consequences for the Design Partner are governed by Sections 10.2 and 10.3 of the Design Partner Agreement.
3.2 Service level
We will acknowledge receipt of your Takedown Notice without undue delay. We aim to action valid Takedown Notices within 2 business days of receipt. Complex matters (for example, partial-work claims, claims that turn on questions of style or AI training) may take longer; we will keep the complainant informed of progress. We will notify the complainant of our decision on the notice and of the review options available, including the internal review mechanism in Section 10.
Counter-Notification
If the Uploader believes their content was removed in error (for example, because of misidentification, fair use / fair dealing, or because they hold the necessary rights), they may file a Counter-Notification by sending an email to legal@thefabricshop.com containing:
1. Identification of the material. The URL or description of the content that was removed.
2. Statement of good faith. A statement under penalty of perjury (or equivalent legal affirmation in your jurisdiction) that the Uploader has a good-faith belief that the material was removed as a result of mistake or misidentification.
3. Contact information. The Uploader’s full name, postal address, telephone number, and email address.
4. Consent to jurisdiction. A statement consenting to the jurisdiction of the courts of Victoria, Australia for any legal disputes arising from the matter, and, where the Uploader is located in the United States, a statement that they will accept service of process from the complainant.
5. Signature. The Uploader’s physical or electronic signature.
On receipt of a valid Counter-Notification, we will forward it to the original complainant. Unless the complainant notifies us within 10 business days that they have commenced court proceedings to restrain the alleged infringement, we will restore the removed content no later than 14 business days after receipt of the valid Counter-Notification. Restoration may take up to a further 2 business days to propagate to our Fulfilment Provider’s systems.
Repeat Infringer Policy
The Fabric Shop enforces a three-strikes policy for repeat infringers in respect of both PrintLab Customer Content and Design Partner Library Content:
First offence: the content is removed and the Uploader receives a formal written warning on their account.
Second offence: the content is removed and the Uploader’s account is suspended for a period determined by us (typically 30 days).
Third offence: the Uploader’s account is permanently terminated and the Uploader is banned from all The Fabric Shop services.
We reserve the right to terminate an account immediately on the first offence where the infringement is deemed wilful, large-scale, malicious, or fraudulent (for example, where an Uploader systematically uploads content belonging to third parties and misrepresents authorship).
Design Partner accounts. A Design Partner account terminated under this Section forfeits the right to list new Designs and is subject to Section 10.3 (Effect of Termination) of the Design Partner Agreement in respect of outstanding royalties, except that royalties on confirmed-infringing sales will not be paid.
Successful Counter-Notifications. A strike recorded against an Uploader is removed from their account history if the underlying content is restored following a valid Counter-Notification under Section 4 that is not contested in court within the 10-business-day window.
Trademark Complaints
If you believe content on our Site infringes your registered trademark, please contact legal@thefabricshop.com with:
the name and registration number of your trademark, and the jurisdiction of registration;
a description of your mark and the classes of goods or services it covers;
the URL of the allegedly infringing content; and
the basis for your complaint (for example, identical mark, confusingly similar mark, passing off, or other trade-mark claim).
We handle trademark complaints using the same notice, takedown, and counter-notification process set out in Sections 2 to 5 of this Policy.
AI-Generated Content
How we treat AI-generated content depends on where it appears. Library Content offered by our Design Partners must be the original work of human authorship and must not be created, in whole or in substantial part, using generative AI tools; a Design found to be AI-generated may be removed or de-listed on that basis alone, independently of any infringement complaint (Design Partner Agreement Section 5.4). For Customer Content uploaded to print, the warranties of ownership and non-infringement apply however the content was created, including where an Uploader used an AI tool (Terms of Service Section 6.5; PrintLab Design Submission Agreement Section 2). We do not require Uploaders to disclose whether they used AI tools.
7.1 What you can report
If you believe content on our Site, including content made using a generative AI tool:
reproduces or substantially imitates one of your works that was used as training data or as an input to a generative AI tool;
imitates the distinctive style of an identifiable living artist (you or someone you represent) in a manner you consider to be misleading or to amount to passing off; or
incorporates the likeness, name, or voice of an identifiable real person without consent,
you may submit a notice to legal@thefabricshop.com, following the same form as a copyright Takedown Notice (Section 2) and clearly identifying:
the work, identifying features, or persona alleged to be reproduced or imitated;
the basis on which you assert that the AI-generated output crosses from inspiration into infringement or another actionable wrong; and
any evidence that the AI tool used was trained on, or prompted using, your work.
7.2 How we assess these complaints
AI-generated content complaints can be technically and legally complex. We will:
consider any evidence of the Design’s authorship available to us, including working files or process history provided by a Design Partner under Section 5.4 of the Design Partner Agreement;
compare the alleged source work against the disputed output;
apply the same notice-and-takedown process as Sections 3 to 5, with particular attention to the verifiability of the asserted right;
where the legal position is genuinely unsettled, decline to adjudicate and instead remove the content pending resolution, restore the content if a valid Counter-Notification is uncontested, or refer the parties to dispute resolution.
7.3 Where the law is moving
The legal status of AI-generated works is developing in Australia, the United Kingdom, the European Union, and the United States. We monitor these developments and reserve the right to update our processes accordingly. Removal of AI-generated content under this Section does not amount to an admission of infringement and does not waive any defence the Uploader may have.
Other Rights: Publicity, Privacy, and Moral Rights
We will also review complaints that content on our Site:
uses the image, name, or likeness of an identifiable person without consent (right of publicity / image rights);
discloses private information in breach of privacy law;
breaches an artist’s moral rights (including rights of attribution and rights of integrity) under Australian, UK, or EU law.
Please submit such complaints to legal@thefabricshop.com with sufficient information for us to identify the content and the nature of the alleged breach. We handle these complaints using the notice-and-takedown process in Sections 2 to 5, adapted as required by the nature of the right asserted.
Misleading or False Notices
Submitting a false or materially misleading Takedown Notice can have serious legal consequences. If you knowingly misrepresent that material is infringing, you may be liable for damages (including costs and legal fees) to the Uploader and to The Fabric Shop. Common examples include:
asserting ownership of a work you do not own;
omitting facts that would establish a licence or a fair use / fair dealing defence;
using the takedown process to suppress legitimate competition, parody, or criticism.
We may decline to action notices that are facially deficient, repeatedly inaccurate, or that show a pattern of abuse. If you are unsure whether your rights are being infringed, we strongly recommend that you seek independent legal advice before submitting a notice.
Internal Complaint Handling
If you are an Uploader, a complainant, or another affected user and you disagree with a decision we have made under this Policy, for example, a decision to remove your content, to restore content, to record a strike, or to suspend or terminate your account, you may ask us to review that decision.
10.1 How to ask for a review
Email legal@thefabricshop.com within 6 months of the original decision, with the subject line “Internal Review Request” and including:
the URL or other identifier of the content or account affected;
the date and substance of the decision you are asking us to review;
the grounds on which you consider the decision was wrong; and
any new information or documents that were not before us when the original decision was made.
10.2 How we handle the review
Internal reviews are handled by a member of our legal or operations team who was not involved in the original decision. We aim to complete reviews within 10 business days of receipt of a complete review request. We will notify you of the outcome and the reasons for our decision in writing.
10.3 Effect on your other rights
Asking for an internal review does not prevent you from taking any other step available to you, including filing a Counter-Notification under Section 4, taking court action, or contacting an out-of-court dispute resolution body or regulator in your jurisdiction. We will not retaliate against an Uploader or complainant for invoking this Section 10 in good faith.
Trusted-Flagger and Rights-Holder Escalations
We will, in good faith, consider applications from rights-holders, rights-holder representative bodies, and equivalent organisations to be designated as a “trusted flagger” for the purposes of streamlined notice-and-takedown handling on our Site. Trusted flaggers will receive a dedicated point of contact and accelerated review of notices submitted in accordance with this Policy. Designation may be withdrawn where the trusted-flagger status is abused, including by submitting notices that are facially deficient or knowingly inaccurate.
To apply, contact legal@thefabricshop.com with the subject line “Trusted Flagger Application” and identify the rights you represent, the geographic scope of your remit, and the volume of notices you expect to submit.
Transparency and Record-Keeping
We maintain records of Takedown Notices received, Counter-Notifications received, content removed, internal reviews completed, and accounts actioned under this Policy. We do this for the following purposes:
administering the repeat-infringer process in Section 5;
defending or responding to claims concerning takedown decisions;
complying with our obligations under applicable law, including the EU Digital Services Act transparency requirements (Articles 15, 16, 17, 20, and 22) where applicable to us;
internal audit and quality review.
Records are retained for the period required under applicable law and our Privacy Policy. Personal data in these records is processed in accordance with our Privacy Policy.
Interaction with the Fulfilment Provider
Manufacturing, printing, finishing, packing, and dispatch are performed on our behalf by our overseas Fulfilment Provider (a related body corporate of The Fabric Shop located overseas). The Fulfilment Provider acts on our instructions and does not make independent takedown decisions.
Removal at the Fulfilment Provider. When we action a Takedown Notice, the design file is also removed from the Fulfilment Provider’s active production systems. Removal at the Fulfilment Provider may take up to 2 business days to fully propagate once we have actioned the notice on our Site.
Restoration. Where content is restored following a valid uncontested Counter-Notification, we will reinstate the file in the Fulfilment Provider’s systems in line with the same propagation window.
Receipt of notices directly by the Fulfilment Provider. If a Takedown Notice is sent directly to the Fulfilment Provider, the Fulfilment Provider will forward it to The Fabric Shop for handling under this Policy. The Fulfilment Provider is not the appropriate addressee for takedown notices; the contact points for this Policy are set out in Section 16.
Confidentiality of Uploader Details
We will not disclose an Uploader’s personal contact information to a complainant other than as required by law or by valid legal process (for example, a court order or subpoena). Where this Policy requires us to forward a Counter-Notification to the complainant under Section 4, we will provide the Uploader’s name, email address, and the consent-to-jurisdiction statement, but no other personal details, unless the Counter-Notification expressly provides otherwise.
Disclaimer
The Fabric Shop is not a court of law and does not adjudicate intellectual property or other rights disputes. Our role is to operate a compliant notice-and-takedown process in good faith. Our decisions under this Policy do not determine the legal merits of any claim. We encourage all parties to seek independent legal advice regarding their rights and obligations.
Contact
For all matters under this Policy:
Email: legal@thefabricshop.com
Post: The Fabric Shop Pty Ltd, 17 Coleman Parade, Suite #1017, Glen Waverley, VIC 3150, Australia
© 2026 The Fabric Shop Pty Ltd (ABN: 69 693 515 687). All rights reserved.