Please note that this website, and each photo displayed within it, is copyrighted. In addition, most of the galleries contained here are registered with the U.S. Copyright office and thus carry additional protection should violation occur. You may not copy or publish, scan or duplicate the image in any manner without written authorization.
We recognize that there is some confusion and misunderstanding among the wider public over copyright, in particular when dealing with electronic and photographic media, given the ease of reproducing or altering and reinterpreting another’s pre-existing work. While we do not profess to be lawyers, we wish to clarify that in a nutshell, with respect to photography, as soon as the shutter clicks, the captured image becomes the personal and intellectual property of the photographer. That means that in the United States, the photograph instantly bears a copyright as soon as it is taken (before developing or printing).
If you wish to use the image for other purposes, such as advertising, a personal website or other publications, please contact us with your request and then we can give you an optimized photo quality file to use. We charge a nominal fee for most use, and may waive fees to certain personal/non-commercial use in exchange for photo credit and, if applicable, a link to our web site. We will provide in writing a copyright release that you may use for each use.
Please join us and help support the artists that produce the work that you enjoy by honoring copyright laws. Your support is key to allowing us and other artists to provide the works we all enjoy.
Frequently Asked Questions
When I buy a print, don’t I own it and all the rights to it?
When you purchase a printed copy of an image, you acquire the physical print and the rights to display and use the print for non-commercial purpose. All other rights of use including duplication, publication, scanning, etc. are reserved. If you like to use the image in some other manner please request written copyright authorization. Copyright is still violated whether you paid money or not.
If a photo doesn't have a copyright notice, does that mean it’s not copyrighted?
All original created works are copyrighted, whether they bear an actual copyright symbol or not, if the work was created on or after March 1, 1989. Prior to that date, the copyright symbol was required to appear; currently, it only optional. The copyright protection runs for the full lifespan of the artist’s life, plus another 70 years beyond that (for works created on or after January 1, 1978
If I have a CD or DVD or email version of photos, is it still protected under copyright laws?
Yes, all photograph replications including electronic replications, CD-ROMs, DVDs and web-posted or emailed forms of the work carry the copyright protection with them of their original work. This protection is not waived as a result of the work’s being available in a public site (no more than a statue loses its copyright because it is displayed in a public square or a piece of music loses it’s copyright because it becomes a CD or a mp3 file).
What are the penalties for using a photo without permission?
The penalties for not obtaining permission are severe; registered works (which most of these are) enable one so violated to pursue criminal charges as well as receive statutory damages up to $30,000 per infringed work; and if willful infringement is proven, up to $150,000 per work infringed. Works resulting from such violations are potentially subject to confiscation; profits from their sale claimed as part of the penalty process, and attorney fees are recoverable under registered works’ protection. If copyright infringements have occurred, the original party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in federal district court. However, in cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation as well.
If I hire a photographer to take photos, don’t I own the rights to those images?
No, not unless the photographer assigns those rights to you through written contract.
If I change the image, is it still protected under copyright laws?
In the case of a re-interpretation of the work by another individual, such as one done by a painter or calligraphist, without express permission to use the work for copying-whether for commercial use or non-commercial use-such is a violation of the original work’s copyright protection. To clarify further, the copyright rules stipulate that only the owner of copyright in a work has the right to prepare, or to authorize someone else to create a new version of that work. Accordingly, you cannot claim copyright of another’s work, no matter how much you change it, unless you have the owner’s consent. The degree of replication comes somewhat to bear on the degree of infringement; however, please bear in mind that the penalties for copyright infringement are severe. If copyright infringements have occurred, the original party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in federal district court. However, in cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation as well.
For further information, contact www.copyright.gov or www.copyright.com
www.answers.com/topic/fair-use (and other such topics, with specific case references, including the creation of derivative works from copyrights works).
Copyright Public Information Office telephone number:
(202) 707-3000, TTY number - (202) 707-6737; 8:30a 5p EST; M-F
Library of Congress/Copyright Office/Publications Section /LM-455/101
Independence Avenue, S.E. / Washington, DC 20559-60000