Saturday, March 1, 2008

© Copyright Means Just That; Please Don’t Even Ask to Violate the Law

Each day, receives Live Support inquiries from around the world. This one was surprising, especially because we are so careful to post our copyright requirements on all order forms and on the Frequently Asked Questions pages.

Question: Can you scan Olen Mills and other professional portraits that we had taken at Sears Portraits Studio, and also our wedding photos from a photographer who we don't know how to directly contact.

Answer: No

The Complete Copyright Policy
COPYRIGHT INDEMNIFICATION AGREEMENT - WE RESPECT COPYRIGHTS AND INSIST THAT YOU COMPLY! Permission of the photographer is necessary under federal copyright law to scan, copy or reproduce photographs and images that are copyrighted. Do not send or provide us with any copyrighted photographs or images without the permission of the photographer. If you are not sure whether an order you want us to work on is copyrighted, please side with caution and refrain from submitting those in-question photos. There are laws that protect copyrights. It is usually illegal to copy or digitally reproduce photographs taken by others without their permission., its agents and parent company, 30 Minute Photos Etc. and Photos Etc. Corporation [The COMPANY] protects artists’ work and will not knowingly or intentionally duplicate or accept any copyrighted materials, unless you are the owner or have permission to reproduce the work. By sending us your order you agree that you are the owner or have permission to reproduce the work. When photographs have a copyright symbol (©), or if in any other fashion, the pictures or images are copyrighted, if you do not already own the rights, it is the responsibility of you to obtain and include with your order a Release Waiver obtained and signed by the photographer. This will allow you to have the photograph(s) duplicated, restored, altered, copied or scanned. By submitting any order to The COMPANY, you agree to release The COMPANY, its agents, employees and directors of any and all obligations associated with the duplication, reproduction or scanning of the photographic image(s) that are submitted. You also agree that by submitting any work under this COPYRIGHT INDEMNIFICATION AGREEMENT that this is an unlimited release for your required work of materials that is or might be copyrighted and you grant The COMPANY permission to print, scan, restore and work in your order under this agreement. You, in effect, grant full and absolute permission for The COMPANY to reproduce the materials or take any other action it deems necessary to complete the required work assignment for you within a suitable time period. By submitted any work to The COMPANY, you agree that you either are the owner or have a valid waiver from the copyright owner and you agree to permit The COMPANY to duplicate or reproduce it for you, and you, nor anyone else, will hold any claims against The COMPANY. You also guarantee and obligate yourself to confirming that you in fact hold the sole copyright to the materials submitted. All costs related to the work submitted is to be paid by you. You and/or the holder of the copyright are responsible for any and all legal disputes that may arise in relation to this COPYRIGHT INDEMNIFICATION AGREEMENT. Any infringement of this policy might be a violation of federal copyright laws. By placing this order, you agree to these stated terms and conditions and agree that you either have permission or are the holder of all copyrighted work and grant full permission for The COMPANY to duplicate this work for you. By submitting any photographic imaging orders to The COMPANY, you agree to pay The COMPANY the agreed to charges for all services provided, and to indemnify and hold harmless the COMPANY, its employees, directors and its agents for all liability, damages and expenses (including reasonable actual attorney fees) it may incur as a result of its providing processing, scanning or other services and/or printing the photos, including any claims brought by any other person or company claiming an interest in the photos or in their subject matter. You further agree that you are the copyright owner, and that you authorize the COMPANY to perform the activities requested with the works, including the preparation, scanning and reprinting of derivative works, or if you are not the copyright owner, then you agree that in all cases you have received the prior license from the copyright owner to submit the works to us and license for us to perform the activities requested with the works, including the preparation, scanning and reprinting of distributive works. You agree to defend and indemnify The Company from all expenses and liability arising from your performing the requested activities at my request, regardless of legal theory, including violation of statute, your negligence, my breach of this agreement, or otherwise.
Scan Photos, 35mm Slide and Negative Scanning, Photo Restoration, Digital Printing -