All images are copyrighted by someone, even ordinary family photos. It is the intention of this firm to make a reasonable effort to comply with all applicable copyright laws and to protect the ownership rights of copyright holders. At times, the existence of a copyright claim or the identity of the copyright owner is not apparent. The person who possesses the photo is not always the copyright owner. The purpose of this policy is to provide a method for determining who is the copyright owner, and to provide guidance on handling requests that involve reprints from other studios or photographers.

PHOTOS TAKEN BY OUR STUDIO

Where our studio has taken your photos, they may be copied or electronically transmitted only with our written consent. Unless a copyright release is provided, we retain the copyright to all images produced by our studio.

PHOTOS TAKEN BY OTHER PHOTOGRAPHERS OR STUDIOS

Where there is a reasonable indication that someone other than the customer is the copyright owner, the photo will not be accepted for reprints or manipulation unless approved by the owner. Incoming orders shall be inspected to determine if:

1. The materials have a copyright claim or other indication that the photos were taken by a professional photographer at another studio, or
2. such a notice was removed or obscured.

AUTHORIZATIONS AND EXCEPTIONS

The studio owner shall determine if and when any exceptions to this policy are to be made on any orders, and shall otherwise control exceptions to this policy. In general, prints and images from another photographer/studio can be authorized under the following circumstances if there are no other factors suggesting the law would be violated:

• The customer has a written consent from the photographer or studio named in a copyright notice or other marking.
• A prior agreement with the photographer gave a blanket consent for future use without further documentation.
• When there are no markings identifying the photograph as a professional photograph, and a copyright question still remains, we may decide use such images upon receiving a written statement that the customer understands that prints from these images must be authorized by the photographer and that he or she is the photographer, or has received such authorization. This authorization from the customer is only applicable at our discretion.
• Copying or restoring a photograph is permitted for personal use in cases where the age of the photograph or the circumstances are such that the photographer or studio is unlikely to object, and all reasonable efforts have been made to obtain permission from the photographer or studio owning the copyright.
• A claim of "fair use" permits the usage, and the usage of the materials is appropriate and limited to the fair use purpose only.

APPEARANCE OF PROFESSIONAL PHOTOS

It is often difficult to determine whether a photo was taken by a professional. When examining prints not taken by our studios, the overall appearance of the print must be considered. We use some of the following factors to determine whether a photo is a professional photo:

• The presence of a copyright notice, i.e., the symbol "©," the word "copyright" or "copr." and the name and year.
• The name of a photographer or studio.
• Use of paper with a professional watermark or notice.
• Unusual marks or alterations to a photo to cover or eliminate the above markings.
• Formal poses characteristic of a sitting.
• Even distribution or lighting and the absence of natural shadows.
• Use of backgrounds typical of professional photos.
• The photo was published, such as in a textbook or magazine.

RECORD KEEPING

The records we generate in following this policy will be retained in our customer files.

Date of last revision: February 24, 2010