Using My Photos
All photographs and content on this site are protected under U.S. Copyright. That means that they cannot be used without permission from the Copyright holder: me. That means you cannot screen capture, link to, or otherwise take anything from this site for your or others' use. It's illegal. Under the Copyright Law of 1976, a photograph is copyrighted from the "moment it is taken." That means copyright takes place as soon as the content, photo, song, or drawing is created. You can download the Copyright Circular here.
A note about ownership: Owning a copy of a photograph does not constitute owning the copyright. For example, a photographer takes photos of a wedding. Taking and delivering wedding photos does not confer copyright to the marrying couple. The photographs are licensed to them for their own personal use. The photographer retains copyright of all the photos.
Examples of Copyright Infringement and Associated Penalties
- Uploading or downloading works protected by Copyright without the Copyright holder's permission. For example, uploading photos to a clipart or "free photo" web site is copyright infringement.
- Using a Copyrighted work without permission of the Copyright holder. Some examples are: remote linking from the Copyright holder's web site to display a photo somewhere else, downloading a photo or other work from an online source without getting permission, making a screen capture of a copyrighted work, and use of works for commercial profit such as making art prints or other printed content for sale. These are not all the ways that copyright infringement can occur.
Penalties for Copyright Infringement (Excerpt)
Quote from the Copyright Office: "Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights."
What about the Photos you take for me? Non-Commercial Photography
When I do a "people shoot," I license back the photographs to my client, which is (1) generally for their own personal use, and (2) explains that the photos are not for sale as stock, or for any manufactured or non-manufactured item, Reprint rights are NOT automatically provided to the client. In other words, you are prohibited from using the photo on artwork, coffee cups, or any other commercial item; you can't sell them for stock; you cannot post them on a website for download, and you cannot reprint them without a Print Release. Those are just a few examples. Each License is created for each client's special use.
What about the Photos you take for me? Commercial Photography
Clients who need Commercial Photography will get a license adapted especially for commercial use. Some examples are a headshot for your website and business cards; food and restaurant photos for your website, menus, and business cards, real estate photos of your home for sale that will go on the MLS listing, and so on. Photographs periodical use (such as books, videos, billboards, album covers, records or CDs, etc. require a different license based on usage and number of copies. Ask me about this type of licensing if you need it. I have several CD and music book covers to my credit with photographs. .
Art Photography and Art Prints
Buying a piece of art, such as a landscape photo or other photographs intended to be hung on a wall of your home or office may not be duplicated in any way. They come with a limited license for your personal use only. They may not be photographed, or used as a model for a painting, or duplicated for mass sale.
If you have any questions, please give me a call or text, or send an email. I am happy to discuss your photography needs.
Photos protected by DCMA and Pixsy.com. All Work Copyright 2008-2020, Diana Ost. All Rights Reserved Worldwide.