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