Images and Copyrights
January 2012

There are tons of images on the Web these days, and it's difficult to know if the images are available for use from the Website or the photographer. And all too often, people simply take them thinking they're free or they'll consider something if and when they're caught using the images illegally. To which I'll say, any use without permission is illegal, with only one exception, which is the public domain.

The public domain is the US or any State government. And unless so noted in the credit in or with the photo, and you should read that carefully, any image from a government Website is free and open for your use except marketing it as yours or for commercial gain. If the image has a credit to a specific person, then you have to get their permission since it's not in the public domain but on loan.

Ok, having said all that, what applies here to my images? Very simple, as stated by the Picture Archive Council of America in their Copyright-Commandments, which are very clear, is that all the images are under copyright to me and permission and possible compensation, is required.

  1. When it’s created, it’s copyrighted. Use the copyright notice.

  2. The photographer or his agent has the exclusive right to exploit the copyright in each image. That right is for the life of the photographer plus 70 years.

  3. Permission to use a copyrighted photograph for any purpose whatsoever must be obtained in advance in writing to avoid possible violation of the federal law on copyright.

  4. Any unauthorized use constitutes an infringement. An unauthorized use is an infringement absent a statutory exemption such as fair use or limited classroom use.

  5. Penalties for infringement are monetary and can be severe.

  6. Combining, altering or scanning photographs or any part thereof, including electronically, is an exclusive right held by the photographer and permission to combine or alter should be obtained in writing prior to any such changes or uses.

  7. Exceeding the terms of a license has been held to be an infringement. A new license is required prior to additional use.

  8. An artist’s rendering of a photograph in another medium is a derivative use of an image and does require the written permission of the copyright owner prior to use.

  9. Re-creating a copyrighted photograph is a derivative use and therefore requires the permission of the copyright holder of the original image.

  10. Reference use of a photograph or any part thereof requires the permission of the copyright holder.

And so, as the visitor to my Website, you have been informed. I'm open to discussions for the use my images here and on my gallery, which has their own terms of use and copyright rules. Please use the contact link below to send e-mail if you have any questions.

Please use the contact link to send e-mail.

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