Intellectual Property & DMCA Compliance
San Antonio Patch Co. respects the intellectual property rights of others. We comply with the Digital Millennium Copyright Act (DMCA) and require all clients to possess the legal rights to any artwork submitted for manufacturing. This policy outlines our protocols for copyright protection, client warranties, and dispute resolution.
Client Warranties & Indemnification
To facilitate custom manufacturing, we rely on the representations made by our clients regarding the ownership of their designs.
The Warranty
By submitting a design, logo, or image for a price quote or production order, the Client warrants that they own the copyright or have obtained a formal license/permission to reproduce the image.
The Indemnification
The Client agrees to indemnify, defend, and hold harmless San Antonio Patch Co. against all legal claims, damages, liabilities, and expenses (including legal fees) arising from the manufacturing of the submitted design.
Ownership of Digitized Files (The Distinction)
In the custom embroidery industry, a strict distinction exists between the visual artwork provided by you and the manufacturing file created by us.
Client Ownership
The Client retains full ownership of the original artwork (Vector/Raster images) and the final physical patches produced by our facility. You own the vision and the tangible product.
Manufacturer Ownership
The digitized embroidery files (e.g., .DST .EMB .PES) generated by our team remain the intellectual property of San Antonio Patch Co. These files are considered proprietary manufacturing tools created through our specific digitization techniques.
DMCA Takedown Notice Procedure
If you believe that your copyrighted work has been infringed upon by a design displayed on our website or produced by our facility, please submit a formal DMCA Notice to our Designated Agent. The notice must include the following distinct elements:
Identification
A detailed description of the copyrighted work claimed to have been infringed (e.g., “The specific Owl Logo used in the gallery”).
Location
The specific URL or location on our website where the infringing material is located.
Statement
A statement that you have a “good faith belief” that the use of the material is not authorized by the copyright owner, its agent, or the law.
Accuracy
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Signature
A physical or electronic signature of the copyright owner or authorized agent.
Designated DMCA Agent
Please direct all copyright infringement notifications to our registered DMCA Agent.
Counter-Notification Process
If a client believes their content was removed in error (e.g., due to misidentification), they may file a formal Counter-Notification. This notice must include proof of ownership or license and a statement consenting to the jurisdiction of the Federal District Court in San Antonio, Texas.
Upon receipt of a valid Counter-Notification, we may reinstate the disputed material within 10-14 business days, unless the original complainant notifies us that legal action has been filed.
Right to Refuse Service
San Antonio Patch Co. reserves the right to refuse any order that contains offensive, hate speech, or obviously infringing material. This includes:
Recognizable trademarked sports logos (e.g., NFL, NBA teams) without proof of official licensing.
Official Government Seals or Military Insignia restricted by law.
Copyrighted characters (e.g., Disney, Marvel) without authorization.
Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, we maintain a policy of terminating the accounts of users who are deemed to be repeat infringers. We reserve the right to ban specific clients from accessing our services if they repeatedly attempt to manufacture infringing goods.