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Third Party Privacy Policies
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General Copyright Information
All photos on this website are copyrighted material and all rights are reserved. This means you must have permission to use the photos in any way that does not fall under the limited rights granted by the “fair use” clause of the copyright law. “Fair use” does not extend to taking the photos and putting them on your own website, even if modified and for non-commercial use. ALL RIGHTS ARE RESERVED. NO commercial, non-profit, or governmental use of any kind is allowed without written permission. Educational use is allowed as permitted by law under the “fair use” clause of the copyright laws. No redistribution of any modified or altered photo is allowed.
Copyright FAQ – Not intended as legal advice:
Use without authorization is THEFT. A copyright infringement will cost your company from $5,000 to $1,000,000 (or more depending on usage). If you decide not to settle out of court keep in mind that the law is on the photographers side. You will be flying (or hiring) attorneys where the photographer resides, and all the photographer has to show is that your company used the photo without a proper license. Intent or foreknowledge of copyright status does not have to proven. Do not use any photo without a proper license!
Q: I’ve heard that unless a photographer applies to the copyright office for a copyright its not copyrighted.
A: DON’T BELIEVE IT. All photos are copyrighted the minute they’re created, whether the photographer takes steps to protect the image or not. These rights are international by agreement, treaty and the Berne Convention. The copyright is the exclusive property of the “author”, artist, or photographer.
Q: What are the penalties for illegally using a photo.
A: Pretty much the same for violating any copyright, its theft and is treated that way. Civil suits have been brought in the millions. FPG International sued Newsday a couple of years ago for $700,000 for creating a composite image out of three separate images. Tony Stone Images sued Corel over about the same thing. This is serious and should be taken serious. If companies this large can fall in to legal trouble image what could happen with your company. Best to buy the rights you need, It’ll cost you a lot less in the long run. There can even be criminal penalties!
Q: What if I properly obtain a license and then decide to use the image for something else?
A: Any use not specified on your license or contract MUST be renegotiated. Rarely do you obtain full rights in a license, if you did you would know it because it would have cost you plenty. Violations of a license are considered copyright infringement.
Q: How long does a photographer get to claim copyright on an image?
A: Unlike a patent a copyright is for life. Actually life plus 50 years.
Q: I’m under a deadline, can I go ahead and use the image and pay later.
A: Absolutely NOT.
Q: If I touch up a photo in my paint program I’m creating a new work of art so the copyright now belongs to me, correct?
A: Not exactly. Your derivative technically has a copyright but the original art work still has a copyright that belongs to the original artist (photographer). If the new image is even vaguely recognizable you have infringed on that copyright.You may not use a copyrighted image even in part without the permission of the photographer or their authorized agent.
Q: So what is “fair use”?
A: This is a very limited right to use an excerpt of copyrighted work to illustrate or as an example in educational or political discussion. No money may change hands and the use must be strictly noncommercial (this includes institutional and governmental). For more information see “The Software Publishers Association Legal Guide to Multimedia”, or one of the many other books on the subject at your local library.
Q: I need an image for a nonprofit organization I work with. Copyright law doesn’t apply to this type of use since its noncommercial, right?
A: Wrong. Copyright laws apply to everyone, no exceptions are made based on income, profits, tax status, or other financial criteria