Home Fine Art fine art prints   Business Graphics graphic design illustration photography stock photography web development   Legal Stuff licensing & copyright Come visit our neighbors Peter and Cathy Kohl at their new KC Buffalo Co. website and see why Kansas Citians are beating a path to their door for their highly nutritious and responsibly grown and processed meat products. Also, visit our new woodworking business The Country Woodworker where we craft high quality heirloom period and reproduction antique furniture from sold wood which we recycle from storm damaged urban timber.

Licensing - Is simply how artists, photographers and creative individuals get paid for their work. Licensing means that when you choose to order an image to display in your web site, to include in your brochure or company promotional mailing, or any such use, you agree to license the use of that image for a period of time and for a specific use. (Licensing doesn't apply to fine art prints &emdash; only copyright applies to images sold as works of art for framing). Further, we require that licensed users of our images do not infringe on the copyright of such images by changing the images or renaming them or modifying their accompanying meta information included with each electronic image. (More on this in Copyright below or in our Licensing Agreement, below. We must know how to reach you both via snail- and e-mail to send you the image you desire. We will need to know the size and resolution of the image you will need to meet your goals and the type and name of the media and their requirements in order to know how to bill you for the licensed usage and what size file you will need to satisfy your needs. Typically an e-mail or phone call to our office will get this information to us and we will provide an immediate quote based upon the information you provide. Use this form as a guide to make your notes or compose your e-mail so we will have all the requirements to issue the license. Copyright - Is the U.S. Federal law enacted to protect the unique work of artists, writers, photographers and publishers, etc, which in turn allows them to license their work and gain income from the sale of the creative works or intellectual property they produce and not have such works stolen or copied and sold by others with no resulting income to the artist. Copyright law applies to both the fine art prints we market which may not be reproduced in any way, and to the images we license others to use and either publish or pay to have published in various types of media. Copy right goes with the image indefinitely and includes any intent to modify, use as reference for a derived piece and essentially even protects the image from what might be called a poor copy&emdash;however bad or unfaithful to the original&emdash;is still illegal and protected by law. Additionally, if you wish to click on an image to copy it to your desktop or disk drive in order to use it to create a comp of a proposed design for a client, you must first ask and apply for that privilege. We have further protected our images by registering them with the copyright office and also by including in the image data itself (for licensed images) certain information relating to the author's name, the author's title given to the image, the copyright owner, and the nature of the agreement or terms under which the image is transferred to another individual for use. Any modification of or change of this information contained in the Meta data of the file is strictly prohibited and shall be viewed as malice or willful infringement of the copyright and constitute a breach of such agreement(s). More on this at the Copyright office in Washington D.C. http://lcweb.loc.gov/copyright/   Stock Image License Agreement Read This Agreement Carefully. Images on this web site are licensed for use, they are not for sale. We continue to own any images that you pay to license for usage. Our Product is provided under the terms of the following license agreement that states what you may and may not do with the product and contains limitations on warranties and remedies ("License Agreement"). We are willing to license this Product to you on the condition that you accept all of the terms of this License Agreement. You accept and agree to be bound by this License Agreement by clicking on the link labeled "I AGREE". IMAGE LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU (hereafter "LICENSEE") AND LIGHTFASTGRAPHICS. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD OR LICENSE ANY IMAGE. BY DOWNLOADING OR LICENSING ANY IMAGE FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE ANY IMAGE PUBLISHED BY LIGHTFASTGRAPHICS. ALL IMAGES ARE COPYRIGHT PROTECTED. IF ONE ENTERS THIS AGREEMENT ON BEHALF OF AN EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO THE EMPLOYER AS WELL AS TO THE INDIVIDUAL AS A REPRESENTATIVE OF THE EMPLOYER. SHOULD ONE CEASE WORKING FOR THE EMPLOYER, THE EMPLOYER MAY CONTINUE TO OPERATE UNDER THE AGREEMENT. ALL OF THE IMAGES ARE COPYRIGHTED MATERIAL BY THOMAS J. MARTIN AND LIGHTFASTGRAPHICS.COM. 1. GRANT OF LICENSE Lightfastgraphics.com grants Licensee a nontransferable, nonexclusive, license to download any single image or images selected from the website and to use the Licensed images subject to the Usage Limitations hereunder. 2. USAGE LIMITATIONS (a) Licensee may: (i) Use the image(s) on only one computer at any one time; (ii) modify, copy, and incorporate the images in advertising, communications, marketing, and promotional materials, multimedia projects, video, graphic design projects and general creative works that you design for yourself or your clients. (b) Licensee may not use the images in any way that is not specifically allowed by this Agreement. Without limiting the generality of the foregoing you may not: (i) Copy any image onto more than one computer at a time; (ii) redistribute or resell any or all of the images, or modified versions of the images including, but not restricted to, portions of the images incorporated into other images, as another image library, or as another type of product which is similar to, or competes with, this product; (iii) rent, lease, time-share or sub-license any of the images; (iv) place any of the images on a computer-network,internet, intranet, computer bulletin board or other form of on-line or internet-accessible service; (v) use any Lightfastgraphics.com image for the purpose of creating a product or products for resale (with the exception of books, book jackets and CD covers), such as software, greeting cards, stationary, posters/prints, T-shirts, or calendars for commercial sales, in which the primary value of the product for sale is the image(s) itself. If this type of usage is required, please contact Lightfastgraphics.com to arrange for special licensing by calling 816-331-8807 (SEE BELOW FOR FURTHER DETAILS). 3. MODEL RELEASES The use of a Model Release is designed to hold both the photographer and the Licensee free of liability associated with usage. However, it does not cover all possible uses. Images may not endorse, promote, represent or be used in connection with alternative (gay and/or lesbian) lifestyles; alcohol; tobacco; illegal drugs; psychological, psychotropic, and/or physical disorders; criminal and/or anti-social behaviors; sexual and/or pornographic contexts; and/or controversial political views. In addition, any uses which may be construed by the model as degrading, offensive, defamatory or which deal with controversial subjects of any kind are not covered in the releases Lightfastgraphics.com has in its possession. Such uses, if they are made at all, must be approved in writing by Lightfastgraphics.com, prior to usage. Inquiries may be made by phone (816-331-8807), and/or e-mail. Model releases are available in all cases. Licensee shall indemnify Lightfastgraphics.com against any and all claims arising out of the use of an image for which a release has not been obtained. Model release inquiries must be made in writing prior to usage or publication. In any event, the limit of liability of Lightfastgraphics.com shall be no more than the amount paid by Licensee for license for any such image. 4. LICENSE AND RESTRICTIONS FOR COMPING IMAGES CONTAINED ON THE WEBSITE (a) Licensee may: (i) Use the image(s) on only one computer at any one time; (ii)modify, copy, and incorporate the free comping images from the website in projects that are for personal or in-house corporate use for comping, rough layouts, mock-ups and browsing purposes only. (b) Licensee may not use the free comping images in any way that is not specifically allowed by this Agreement. Without limiting the generality of the foregoing you may not: (i) Modify, copy, and incorporate the free comping images from the website in projects that are communicated publicly outside of your company, including but not limited to, advertising, communications, web pages, marketing, and promotional materials, multimedia projects, video, graphic design projects and general creative works that you design for yourself or your clients, other than for comping, rough layouts or mock-ups. 5. UNAUTHORIZED USE Without limiting Lightfastgraphics.com's rights or remedies with respect to any licensed image, unauthorized use of a licensed images may constitute copyright infringement, entitling Lightfastgraphics.com to exercise all rights and remedies under United States or other Copyright laws, including but not limited to an injunction preventing further use and damages up to $100,000 for each willful infringement. Licensee acknowledges and agrees that, in light of the value of a licensed image, there may not be a sufficient remedy at law for unauthorized use of such licensed images and that Lightfastgraphics.com shall be entitled, without waiving any other rights or remedies, to the issuance without bond of ex-parte preliminary or permanent injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. 6. DISCLAIMER OR WARRANTIES NEITHER LIGHTFASTGRAPHICS.COM NOR ITS OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, REPRESENT OR WARRANT THE RELIABILITY, TIMELINESS OR COMPLETENESS OF THE LICENSED IMAGES OR THAT THE SAME IS NON-INFRINGING OR COPYRIGHT OR OTHER RIGHTS. ANY USE OF A LICENSED IMAGES SHALL BE AT LICENSEE'S SOLE RISK. THE LICENSED IMAGES ARE PROVIDED ON AN `AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, LIGHTFASTGRAPHICS.COM DOES NOT WARRANT THAT THE OPERATION OF THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, WILL MEET LICENSEE'S REQUIREMENTS, OR WILL OPERATE WITH THE COMBINATION OF HARDWARE AND SOFTWARE SELECTED BY LICENSEE. 7. LIMITATION OF LIABILITY In no event shall Lightfastgraphics.com or its officers, employees, agents, or representatives be liable for any indirect, incidental, special or consequential damages arising out of or relating to any licensed image, whether based in warranty, tort, contract, failure of essential purpose, or otherwise. This limitation will apply even if Lightfastgraphics.com has been advised of the possibility of such damage. In no event shall Lightfastgraphics.com's liability hereunder exceed the license fees paid by Licensee hereunder. 8. INTELLECTUAL PROPERTY RIGHTS As between Lightfastgraphics.com and Licensee, Lightfastgraphics.com retains all right, title and interest, including copyrights and other intellectual property rights, in and to the licensed images. 9. TERM AND TERMINATION This Agreement is effective as of the date entered into by Licensee and shall remain in effect unless terminated in accordance with this Agreement. Licensee may terminate this Agreement at any time upon notice to Lightfastgraphics.com. Lightfastgraphics.com may terminate this Agreement upon notice to Licensee in the event that Licensee materially breaches any of its obligations under this Agreement. Upon termination of this Agreement for any reason, the license(s) granted hereunder shall terminate and Licensee must immediately (i) stop using the licensed image(s) and (ii) delete or destroy all copies of the licensed image(s) or, upon request of Lightfastgraphics.com, return all such copies to Lightfastgraphics.com. 10. INDEMNIFICATION Licensee agrees to defend, indemnify and hold harmless Lightfastgraphics.com and its officers, employees, agents, or representatives from and against all claims and expenses (including reasonable attorneys' fees and expenses) arising out of any unauthorized use of a licensed image by Licensee or any third party to whom Licensee has provided copies of, or access to, a licensed image or any breach by Licensee of the terms of this Agreement. 11. SURVIVAL The terms of paragraphs: 3,5,6,7,8,9,12 and this Section 11 shall survive any termination of this Agreement. 12. MISCELLANEOUS Licensee represents to Lightfastgraphics.com that Licensee has the full right and authority to enter into this Agreement. This Agreement constitutes the complete and exclusive agreement between Lightfastgraphics.com and Licensee with respect to the subject matter hereof and supersedes all prior discussions, understandings and agreements with respect to the subject matter hereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect. Waiver by a party of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent or other breach. This agreement shall be construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws rules. In any dispute arising out of this agreement, Licensee consents to the exclusive jurisdiction of the state of Missouri and venue in the state and Federal courts within Kansas City, Missouri. Licensee may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of Lightfastgraphics.com. This Agreement shall be binding on and inure to the benefit of the parties hereto, their successors and permitted assigns. Links to great artists, photographers, designers and communication arts resources: Seargeant's Online Art Gallery and Studio Belfiore Design Link Master John LaRoe The Country Woodworker Contact tom@lightfastgraphics.com Telephone: 816 331-8807 All content Copyright © 2002, Thomas J. Martin, last update July 25, 2002, lightfastgraphics.com