COPYRIGHT
Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a “work made for hire” as:
1. a work prepared by an employee within the scope of his or her employment; or
2. a work specially ordered or commissioned for use as:
a contribution to a collective work
a part of a motion picture or other audiovisual work
a translation
a supplementary work
a compilation
an instructional text
a test
answer material for a test
an atlas
If the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
Transfer of Copyright
Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.
AIR AFFAIR Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. There are, however, certain definite advantages to registration. Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the “work”) can be fixed in sheet music (“copies”) or in phonograph disks (“phonorecords”), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.
Notice of Copyright
The use of a copyright notice is no longer required under U.S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.
Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice.
How Long Copyright Protection Endures
A work that was created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death. In the case of “a joint work prepared by two or more authors who did not work for hire,” the term lasts for 70 years after the last surviving author’s death. For works made for hire, and for anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
Complete copyright information can be found at www.copyright.gov
Licensing AIR AFFAIR Images
If you are interested in licensing a images from AIR AFFAIR, please note image or image number and gallery you wish to license and e-mail a request for a quote (see below). For more complex requests, please contact me with your needs. All images will be delivered digitally either via email or they will be made available for download as soon as possible after the stock photography order has been completed. High-resolution files will be transmitted and will be saved as a high quality jpeg. For large orders, CDs or DVDs of digital files can be provided for the cost of the media and shipping.
Images available from AIR AFFAIR are rights managed. Generally, you will be granted a one-time use of an image, but different types of licenses can be arranged to best suit your needs. The image will be licensed for a specific use.
Unless agreed otherwise, a credit line (or link, in the case of web use) must be provided with the image. See licensing terms for important details. For price reference purposes, please visit this external price calculator (these prices are general guidelines only and final prices will not be established until all the details of the license are determined and price negoaited).
Payment for images can be made by personal/business check or money order. Payment can be made up to 30 days after the date of invoice or prior to publication.
To obtain a quote from AIR AFFAIR, please provide as much information about the use of the image as possible. If you omit details of the usage, I will have to assume you require more general rights and this will be reflected by a higher price. You are not placing an order and pricing will not be final until you are contacted by phone or email.
Please provide the following information when requesting a quote:
Name/Organization
Address
City/State/ZIP
E-mail
Phone Number
End Use of Image/Name of Client
Photo Use (choose one):
• Advertising
• Web Page
• Brochure/Catalog/Promotion
• Editorial (News etc.)
• Book (School, editorial, novel)
• Other (Government, non-commercial)
• Web Page
Circulation (choose one):
• 500k – 1 Million
• 250 – 499 K
• 100 – 249 K
• 50 – 99 K
• 40 – 49 K
• 20 – 39 K
• 5 – 19 K
• Under 5 K
• Conference/Show
• Web Use
Duration (choose one):
• One Time
• 2 – 6 Months
• 7 – 12 Months
• Over 12 Months
Placement (choose one):
• Front/Back Cover
• Interior
Size (choose one):
• 1/8 Page
• ¼ Page
• ½ Page
• ¾ Page
• Full Page
• 2 Page Spread
Licensing Terms and Conditions
A. Definitions: Photographer refers to Bill Lang. Client refers to the commissioning party or company named, its representatives, successors, assigns, agents and affiliates.
B. Grant of Rights: Photographer warrants that he is the sole copyright owner of the photograph(s) and has the sole right and authority to grant this permission to Client. Grant of reproduction rights hereunder is conditioned upon Client’s acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by Photographer and placing of the required copyright notice on each use of Photographer’s work. All rights not expressly licensed to Client in writing remain the exclusive property of Photographer. Any reuse or use for purposes other than those declared requires a new authorization from Photographer and the payment of new royalties.
C. Payment: Full payment must be received within thirty (30) days after the date on the Licensing Contract or prior to publication, or the usage shall be considered unauthorized.
D. Credit line: Unless explicitly waived, a copyright protection and credit line in the form © AIR AFFAIR (except for cover, where it can be on one of the opening pages) must appear adjacent to or within the images or the fee will be tripled. Client acknowledges that such a triple fee is fair and reasonable for photographer’s loss of recognition and lack of copyright protection resulting from lack of, or improper, copyright notice/credit line.
E. Web Use:
Unless explicitly waived, all web uses require a credit line in the form of a link to http://www.airaffairphoto.com on the same page where the image(s) appear.
F. Copies: For all uses in print, client shall provide to Photographer, upon request, at least one copy of the use of each photograph.
G. Indemnity: Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from Client’s use of Photographer’s work.
H. Releases: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein. Photographer gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any image.
I. Default: In the event of non-payment or other breach of this Agreement by Client, Client shall pay all of Photographer’s costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer’s reasonable attorney’s fees. Once the image has been transmitted, refund and exchange are subjected to a research and processing fee of at least $75. After thirty (30) days, no refunds will be issued.
J. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
K. Miscellaneous: Client may not assign or transfer this license. No alterations may be made in any of these provisions without written consent. Any request for alterations must be made within ten (10) days.
L. Dispute Resolution: Any and all disputes arising out of, under or in connection with these terms, including without limitation, their validity, interpretation, performance and breach, shall be submitted to the arbitration rules in Winnebago County, Wisconsin.
AIR AFFAIR Aerial Photography
Photography Contract
Bill Lang Photographer
2927 Sunset Point
Oshkosh, WI 54904
920-420-7777
bill@airaffairphoto.com
www.airaffairphoto.com
Client Name: _________________________________
Address: __________________________________________________________________
City: _______________________________________State: ___________________ZIP: ___________
E-mail: _____________________________________
Phone: ______________________________________
Date: _______________________________________
End Use of Image/Name of Client: ______________________________________________________
Photo Use: _________________________________________________________________________
__________________________________________________________________________________
Circulation: ________________________________________________________________________
Duration: __________________________________________________________________________
Size: ______________________________________________________________________________
Services:_____________________________________________________________________________________________________________________________________________________________Prints(Pricing):________________________________________________________________________________________________________________________________________________________
Usage(Specifications):____________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Photo Mission Specific Fee: . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..Contact Air Affair
Additional Fees:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$___________
Printed Proofs: . . . . . . . . . . . . $_____________
Subtotal: . . . . . . . . . . . . . . . . . $ _____________
Sales Tax: . . . . . . . . . . . . . . . . $______________
Total: . . . . . . . . . . . . . . . . . . . . $ _____________
Less Deposit: . . . . . . . . . . . . . $100.00
Balance Due: . . . . . . . . . . . . . . $________________________________________
The parties have read both this sheet and the attached “Terms & Conditions” sheet to this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed by both parties.
Client______________________________________________ Date___________________________
Photographer _______________________________________ Date ___________________________