COPYRIGHT NOTICE TO CUSTOMERS
PBase.com respects the intellectual property of authors and creators of visual images and we ask our customers to do the same.
A copyright exists in nearly all images and artwork, even ordinary family photos. In general, the copyright is owned by the person who took the photograph. Separate copyrights may reside in the photograph and its subject, if it is itself a work of art. A copyright in an image is created. A copyright in an image need not be registered- it exists as an ownership right when the image is created. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. It is generally illegal to copy, print or digitally reproduce photographs taken by others without their permission. The life of a copyright extends decades beyond the life of the author and often resides in his or her estate, successors, or assigns. Federal law provides both civil and criminal penalties for violation of a copyright. PBase.com and its customers are each subject to the copyright laws.
Photographers and portrait artists invest time and creative energy in composing and creating their works. The price of their professional services are generally based upon the expectation that customers will purchase their prints from them. If the prints are obtained elsewhere, the photographer and artist loses the opportunity to recover a fee for the effort expended. Photographers and artists also are concerned with the artistic integrity of their works: since their name is associated with their works, they want to control how the reprints look. There may be other reasons. You are encouraged to discuss these issues with the professional. That way his or her position can be fully explained, and you can purchase or obtain permission to order the additional copies you desire.
Images downloaded from the internet or scanned or copied from print publications should be presumed to be protected by copyright. While images downloaded from the internet are rarely free of speculation even as to their original source (the creator or copyright holder is often not the web site hosting the image), permission from print publications or the copyright holder to whom they may direct you, may resolve a potential copyright problem.
If we cannot make the copies or provide the digital services for you, go to your photographer or the source and request them. A professional photographer will do their best to see that your
needs are met. If they cannot make the copies, they may authorize us to make them.
Whatever incentive you feel a copyright holder may have for protecting his or her rights, you must appreciate that the copyright is protected by law. If you have any doubts, please secure the necessary rights or postpone your submission of the image to us for processing by saving your order. If you have any questions as to what is legal that PBase.com cannot resolve, you should consult a lawyer who specializes in copyrights.
TERMS AND CONDITIONS
I (the customer) represent that I have read the Copyright Notice to Customers that has been provided to me by PBase.com and am familiar with the copyright laws governing reproduction of copyrighted materials. I represent that the content of any images that I submit to you (PBase.com) for processing, printing or other digital image services was originally created by me and that I am the sole owner of the copyright therein, and I authorize you to perform the services requested, including the alteration, making of copies or the preparation and publication of derivative works based on the image, or, if I am not the copyright owner, that I have received the prior written authorization of the copyright owner to submit the works to you and for you to perform the services I have requested, including the preparation and publication of derivative works, and that I must provide such written authorization to you upon request.
I agree to defend and indemnify you, including your officers, directors, employees, affiliates, licensors, web host, information providers, and agents, and hold them harmless from any and all liability, expenses, damages and costs, including you reasonable attorney fees and the costs of complying with any injunction or order, arising of the agreement, including violation of statue, negligence, breach of contract, common law tort, or otherwise, without limitation.
|
