COPYRIGHT POLICY

United States Copyright Law expressly states that all Copyright Transfer Agreements be made in writing.

By default, Untied States Copyright Law automatically assigns a Photo's Copyright to to the Photographer. As a result, we have the right to sell the Digital Negatives, retain the Digital Negatives or delete the Digital Negatives. 

A Customer can purchase a Photo's Copyright (and the corresponding Digital Negative) for a fee determined by the Photographer. We will only accept payment via Check for Copyright Sales. The funds must be drawn from a bank branch that is physically located within 5 miles of our physical address.  

WORK FOR HIRE ASSIGNMENTS

United States Copyright Law expressly states that all Work for Hire Agreements be made in writing.

A work created by a Photographer can automatically be deemed a Work Made for Hire only if 2 conditions are met: (a) there is a written agreement between parties specifying that the work is a work made for hire AND (b) it falls within 1 of the 9 categories of works [a work specially ordered or commissioned for use: as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas]. 

LIMITED LICENSE

We grant customers a Limited License in perpetuity to utilize their photos. Nonetheless, we still retain the Photo's Copyright in perpetuity.

Customers cannot sub-license images, resell images or rent images. Customers cannot include images in any online or offline archive or database.

LEGAL AUTHORITIES

1) Works Made For Hire: https://copyright.gov/circs/circ09.pdf

2) Photography and Copyright Law: http://blog.kenkaminesky.com/photography-copyright-and-the-law

3) Copyrights and Works Made for Hire: https://www.americanbar.org/publications/tyl/topics/intellectual-property/copyrights_and_works_made_hire.html

4) Litigation: An email is not enough to transfer copyright: http://www.insidecounsel.com/2012/12/06/litigation-an-email-is-not-enough-to-transfer-copy

5) ‘Humpty Dumpty’ Copyright Assignments: http://epiphany.law/articles/copyright/humpty-dumpty-copyright-assignments

6) Execution of Transfers of Copyright Ownership - 17 U.S. Code § 204: https://www.law.cornell.edu/uscode/text/17/204

7) Copyright Interests: http://www3.ce9.uscourts.gov/jury-instructions/node/268

8) Stanford University Copyright Information: http://fairuse.stanford.edu

9) Wedding Laws: weddingindustrylaw.com

RETURN POLICY

Client must return Photographer’s Flash Drive within 365 days. Client must give Photographer a 72-hour Cancellation Notice by means of Text Message. Client is welcome to review the Photographer - verbally, in writing or other means. However, Client must include all information deemed relevant by the Photographer in the Review. Client agrees to furnish Photographer with the Review before the Review is disseminated so that the Photographer can address any inaccuracies, misleading statements, misrepresentations of truths and/or omissions in the Review. Client permits the Photographer to determine the appropriate response time so that Photographer can address Client’s Review in the most effective manner possible. If the Photographer and Client are unable to agree to every single word in Client’s Review, then Client agrees to pay an Arbitrator, of the Photographer’s choosing, to resolve the disputed words in Los Angeles. Should any dispute arise relating to Client and/or the Photographer, Client agrees to pay 100% of the Photographer’s Legal Fees and bear 100% of Client’s Legal Fees. Client, his confirmed and suspected Affiliates and/or Co-Conspirators agree to hold Photographer and all of his Affiliates harmless from any claim, liability, loss, damages, attorney fees, legal fees, or expenses resulting from any resolved or unresolved incident. Should Client breach any promise, portion or provision of this Agreement, Client agrees to pay the Photographer $1,000,000,000.00 - One Billion United States Dollars - within 30 days of said breach. Should Client be unable to pay the Penalty Fee, his confirmed and suspected Affiliates and/or Co-Conspirators will assume the burden. Client agrees to abide by these terms for 99 years.