Piracy...

You cannot use copyrighted images without permission. Period.
Or else...

Please understand the spirit in which the following information is given: Long experience tells us that our customers are completely scrupulous about adhering to the copyright conventions, and we make no assumptions to the contrary.

This info is to educate newcomers and folks who may not understand the implications of these issues. Copyright law is very strict and we aggressively protect the copyright interests of all our images. We do allow the following uses with the accompanying restrictions.

#1 Personal uses such as in publications and personal Web pages to illustrate your personal achievements will not cost you anything, but we do require the following:

Our form HERE must be filled out and sent to us prior to even personal use.

Publication use: include a credit line below, alongside or very near the image that reads "©Photo by L. Chaudoir-Nye of Xpress Foto 1-888-458-1398".

Personal websites, the image and the credit line must link to our contact web page.

We also require that you send us the link to your website or copy of the publication.

If you or the publication want us to send a digital file to the publication or a web sized image to you, there will be a $20 transmittal fee.

The following information needs to accompany the request, which can be sent, via our printed order form HERE

name of the publication

size requirements for the publication

email address of contact at publication or your email address for personal website to send the file

method of payment

event the image is from

image ID

#2 Commercial use, to promote your business, sell products or animals, or advertise breeding services constitutes a commercial use that does require written permission (signed Release form) and payment of a Usage Fee. Please call, write or e-mail in advance for a quote of these fees. These fees are based upon the actual usage, so you are only paying for what you need for your specific use requirements and therefore, keep the prices lower versus paying for rights you do not need. All of the above requirements apply to commercial use also.

Our form HERE must be filled out and sent to us along with appropriate payment prior to the use.

More information on Copyright laws

Again, the following information is meant only to educate anyone who does not fully understand copyright protection and the possible penalties that can occur from infringing. We cannot stress enough that this is not a threat to clients... merely legal information that applies when dealing with images in general. Whether they be from us or another photographer or Stock agency, the rules are the same.

Incredibly painful Mistake #1

Thinking that the worst thing can happen to you if you "steal/borrow/use without permission" an image is that you can be forced to pay what you would have had to pay anyway.

Wrong. Copyright laws provide for statutory penalties of up to $150,000 per infringement. "Borrow" a picture that you should have paid $25 for the right use? Who's gonna know, right? Somebody "catches" you, you pony up the $25 bucks, right? Wrong. You have willfully "infringed" a legal copyright, and according to US copyright law, one who willfully infringes could be liable for fines up to $150,000 per infringement.

Incredibly painful Mistake #2

Thinking, hey, let THEM prove I DIDN'T pay for the picture.

"Intellectual Property" issues are different from a lot of things in the rest of the world. ("Intellectual Property" is how the law describes things like books, poems, symphonies and...photos.) In the rest of the world, if somebody thinks you stole something, they have to prove you did. In the world of "copyright infringement", you have to prove that you DIDN'T.

Yep. That's correct...

Let's say, for example, that a photographer sees one of their pictures used on your website or in an advertisement. They can prove that it is, indeed, their picture. They own the copyright on it. They can make a demand that you prove that you have legally acquired the right to use the picture. If you can't prove it (usually in the form of a paid invoice) you could find yourself in big trouble. Very big, very expensive trouble. (See "Incredibly painful mistake #1", above.)

Incredibly painful Mistake #3

Thinking to yourself, "Hey, I'll just use Photoshop to remove all these pesky little copyright identifiers on this picture. Who's gonna know?"

"Watermarking" involves digitally embedding into an image a symbol that identifies the copyright holder. The purpose of the watermark is to make it possible to determine who owns an image, the mark will usually be small and be located near an edge of the image -- and may not even be visible at all or the watermark may even be placed prominently in the photo where it can't be cropped out.

Many people don't realize that under US copyright law, it is specifically illegal to remove a watermark from a photo. Not only is the act of removal prohibited, the courts assume that the very attempt indicates a willful intent to violate somebody's copyright. And that's something the courts come down really hard on. [See "Incredibly Painful Mistakes" numbers 1 & 2, above]

Why we hate talking about this stuff...

Simple: In our years of doing business with literally hundreds of thousands of images sold, we have found that our customers are overwhelmingly honest and straightforward with no desire whatsoever to be anything but scrupulously attentive to the dictates of "fair play".

In short, we hate talking about this stuff because it makes us sound like we don't trust our customers-- and nothing could be further from the truth.

Why, then, DO we talk about it?

Why we talk about it anyway...

There are those who don't mind keeping beginners "in the dark"-- and then pouncing when they make a mistake. If we're going to tell you that you shouldn't even THINK about "stealing" a picture, we figure we ought to tell you what we mean-- and why-- and let you know that you could be getting yourself into much bigger trouble than you might imagine.

Definitions

What does "Intellectual Property" mean?

"Intellectual property" refers to original creations in the fields of literature and the arts. Most countries in the world provide automatic copyright protection to any item of intellectual property at the instant the item is created. At the instant a photo is taken, it automatically becomes the "intellectual property" of the photographer who took it. It makes no difference what the subject is or why the photograph was taken. Additionally, it is our practice to register each and every image we create with the U.S. Copyright Office.

Using pictures for "reference" -- i.e., "Derivative Works"

"Derivative works" are works that are not exact duplicates of copyrighted material, but which are "derived from" those works, often by having been used as reference. Although laws vary from country to country, most "intellectual property" laws are quite clear about the fact that "derivative works" are just as "protected" by the copyright laws as is the original work. In other words, the "spirit" of these laws is that if you use a copyrighted piece of "intellectual property" (such as a photograph) for reference for a work of your own that you are creating, you may not do so unless you first contact us and either get permission in writing or purchase the RIGHTS to do so.

What IS "copyright infringement", anyway?

Legally, the person who holds the copyright to a photo has the absolute right to control how you use that photo -- or to deny you the right to use that photo at all. Any unauthorized usage is an "infringement" of the copyright. Many people don't realize just how all-encompassing a copyright is. For example, there's a common misconception that any image appearing on a website may be downloaded and "saved" to disk. This is absolutely not the case. The very act of saving a copyrighted image to your local disk -- regardless of whether you ever do anything else with the image or not -- constitutes a copyright infringement -- minor, perhaps, and done all the time, but an infringement nonetheless. And infringements large and small are "actionable" (i.e., can be grounds for a lawsuit.)

How to keep yourself out of trouble

All you really have to do is respect both the letter and the spirit of the copyright laws -- and use common sense. Obviously, you're taking a big risk if you download images willy-nilly or use images without regard to who owns them and whether you have permission to do so. Most photographers and All stock agencies include Terms and Conditions for downloading and using images right on their website. Read them. Observe them. They tend to have a lot in common but they're not all identical. The devil, as they say, is in the details.

Once you ask permission we may permit you to use our images for creating advertisements, but that doesn't mean you can use the image without paying a fee. Whether or not the image is watermarked, you may not use it in any other manner except as specifically permitted in the Terms & Conditions at the time that we give you approval according the licensing fees you paid of course.

Why are penalties for copyright infringement so severe?

Copyright laws exist to encourage people to be creative by giving them the right to control -- and benefit from -- the products of that creativity. Because it's so easy these days for one person to "steal" the creative output of somebody else, lawmakers have recognized that for copyright laws to be effective, they must have real teeth. If copyright infringement resulted in nothing but a slap on the wrist, there are unfortunately those who would say to themselves, "If I get caught, I'll just pay the fine and consider it a cost of doing business." Lawmakers in the US have figured that $150,000.00 -- the maximum fine that can be awarded per infringement -- is a figure large enough to discourage that attitude in most people.