COPYRIGHT NOTICE
All photographs, text and html coding appearing in the Underwater Expressions.com
photography website are the exclusive intellectual property of Mark Cunningham
and are protected under United States and international copyright laws. The
intellectual property MAY NOT BE DOWNLOADED. It may be seen only by viewing
the content of this site on your computer in its live, published form. The intellectual
property may not be copied to another computer, transmitted, published, reproduced,
stored, manipulated, projected, or altered in any way, including without limitation
any digitization or synthesizing
of the images, alone or with any other material, by use of computer or other
electronic means or any other method or means now or hereafter known, without
the written permission of Mark Cunningham and payment of a fee or arrangement
thereof.
No images are within Public Domain.
Use of any image as the basis for another photographic concept or illustration
is a violation of copyright. Underwater Expressions.com Photography vigorously
protects copyright interests. In the event that an infringement is discovered
you will be notified and invoiced at the minimum10x the STANDARD FEE for unauthorized
usage and/or prosecuted for Copyright Infringement in US Federal Court where
you will be subject to a fine of US$150,000 statutory damages as well as all
court costs and attorneys' fees. By entering this site you are agreeing to be
bound by the terms of this agreement.
Entrance to site is expressly on these conditions, which embodies all of the
understandings and obligations between the
parties hereto. ALL ENTRIES ARE LOGGED. To secure reproduction rights to any
images by E-Mail send to
images@ue.com.
Copyright Basics
Artwork, including photographs, drawings, paintings and illustrations are all
"intellectual property"
and in so being are protected by the U.S. Federal Copyright laws and the Berne
Convention.
These copyright laws were put in place to protect the interest of the artist.
Without these protections it would be difficult for an artist to control the
use of his/her work or to simply make a living. Permission MUST be obtained
from the artist of the image or his/her agent before ANY use takes place.
Failure to obtain this permission is a violation of the U.S. Federal Copyright
laws and the Berne Convention.
Since the copyright law, like any law, can be difficult to interpret for the general public several attempts have been made to make it easier to understand. One of those attempts "The Copyright Commandments" was put together by PACA-The Picture Agency Council of America and are listed here for your convenience. Not knowing the law does not excuse you from the law. Please, know your responsibilities when it comes to intellectual property.
The Copyright Commandments
* When it's created, it's copyrighted. Use the copyright notice.
*The photographer or his/her agent has the exclusive right to exploit the copyright
in each image.
That right is for the life of the photographer plus 75 years.
*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.
* Any unauthorized use constitutes an infringement.
* Penalties for infringement are monetary and can be severe.
* 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.
* Exceeding the terms of a license has been held to be an
infringement. A new license is required prior to additional use.
* 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.
* Re-creating a copyrighted photograph is a derivative use and
therefore requires the permission of the copyright holder of
the original image.
* Reference use of a photograph or any part thereof requires the
permission of the copyright holder.