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Apologizes while this page is being developed.
As the copyright owner, we have the following sole/exclusive rights to our photographs:
As the creators of our photographs, we hold these exclusive rights with or without a copyright statement.
Some of our photographs may be released under a Creative Commons license, allowing the free duplication and potentially derivative works of these photographs. Unless stated otherwise, these photographs may not be sold, and derivative works may not be sold. The copyright owner holds sole and exclusive rights to selling the photograph and derivatives of the photograph.
Under the "Berne Convention for the Protection of Literary and Artistic Works", photographers hold an author's right to their photographs. In countries adhering to the Convention, a photographer's photographs are automatically copyrighted, without need for the photographer to register or apply for a copyright. The photographer is automatically entitled to all copyrights in both the photograph and derivative works, unless the author explicitly disclaims these rights, or until the copyright expires. These rights are held by the photographer in all countries that signed the Convention.
Section 107 of the Copyright Act allows for "Fair Use" of copyrighted works, as detailed below:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
All four factors (as indicated by the use of "and" in Section 107) must be considered when using a work as "fair use". Section 107 does not allow for the selling of copyrighted photographs, nor the selling of derivatives of copyrighted photographs.
For more information on copyrights, please see the United States Copyright office web site. See also eBay's Copyright Basics page.
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