The PICTURE AGENCY of AMERICA (PACA)
has developed a ten-point list to ensure professional handling of copyrighted photographs.
1. When it's created, it's copyrighted. Use the copyright notice.
2. The photographer has the exclusive right to exploit the copyright in each image.
3. Permission to use a copyrighted photograph for any purpose whatsoever must be obtained in advance to avoid possible violation of the federal law on copyright.
4. Any unauthorized use of photograph constitutes an infringement.
5. Penalties for infringement are monetary and can be severe.
6. Combining, altering or scanning photographs or any part thereof, including electronically, is an exclusive right held by the photographer and permission to combine or alter should be obtained in writing to any such changes or uses.
7. Exceeding the terms of a license has been held to be infringement. A new license is required prior to additional use.
8. An artist rendering of a photograph in another medium is a derivative use of an image and does require the written permission of the copyright owner to use.
9. Re-creating a copyrighted photograph is a derivative use and therefore requires the permission of copyright holder of the original image.
10. Reference use of a photograph or any part thereof requires the permission of the copyright holder.
©1998 Unforgettable Photography
12 Russell Circle
Natick, MA 01760
508-655-2225
www.unforgettablephoto.com
policy@unforgettablephoto.com
 
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