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Please read: All images on this website are free for use as desktop wallpapers (also known as computer background, monitor background or simply "wallpaper") on any computer monitor, smart phone or other mobile device - personal or business.
  No image may be redistributed/reposted on other websites or through other means not pre-approved/licenced by us.
  Any other uses (uses other than as a picture for your business or personal computer or mobile device monitor) must be approved/licenced prior to use.


WallpaperOriginals and the Digital Millenium Copyright Act (DMCA)


What happens when we find our content on other sites and why do we take (We may, concurrently, [if we deem it appropriate] lodge a complaint with search engine administrators.) this approach?
   Our first and immediate obligation is to ensure that revenues are not earned from our intellectual property and that our rights to our intellectual property and our own revenues are not diminished through illicit use of our content.
   Our first step, therefore, is to examine the site and usage. If usage is unauthorized/unlicenced we look at the site and if there is any advertising we place a DMCA complaint with the advertising agency and/or advertiser advising them that any revenues they are earning as a result of activities on that site may be illegal.
   Our second step is to review the site once this DMCA complaint is processed and if the content is still live we submit a complaint to search engines' legal departments advising them of content illegally being posted and, subsequently, indexed in their databases. This means that pages with our content will no longer appear in those search engines. We may, if we deem it appropraite in certain situations, lodge complaints with search engines concurrently as we lodge our DMCA complaint with the advertisers/agencies.
   Finally if, after these two steps, those images are still stored on the server we submit a DMCA complaint to the web host based on illegal hosting and/or distribution of copyrighted intellectual property requesting that any steps necessary to assure that illegal content is not hosted on their servers be taken.

We have been asked, many times, why we do not, simply, advise the website administrator
   The answer to this question is quite simple. Should legal action (always the last resort) become necessary it would be appropriate to leave all communications directly with the person(s) and/or organization(s) using our works without appropriate permissions to legal counsel so ... nothing personal but, unfortunately, in such cases we are unable to communicate with you directly.
   If, at some point we do decide to contact a website owner directly it will be to send an invoice for use to date along with a "Cease-and-Desist" demand - a right we reserve.

It has been asked if we don't "live in a glass house". In other words, "Do we really own the content on our site?"
   With notable exceptions, "Absolutely!" We own all images on this website. We do not "own" the design of flags or public documents or specific products and/or their brands but any photographs of those found on this site belong to us and all treatments (ie, the assemblage of elements, the style in which a commonly known verse may be overlayed on a photo and, indeed, the photograph itself plus assemblages of clip-art though not certain individual pieces of clip-art on their own) belong to us.

Why do we defend our content so vociferously?
   In fact, we've got significant sums of money and hours invested in this content. Between equipment and travel not to speak of film costs from older images and new digital hardware, and time spent working the images and photographs, we have a substantial investment in everything found on this site. We (as we are sure you would too when you spend a moment thinking about it) are protective of our labours - the major investment in building content for this site.

Can you purchase use of these images?
   For answers to this and other related questions please visit Photos.biz. Please keep in mind, any uses besides those authorized (ie, as a desktop wallpaper/background for any personal or business, fixed or mobile computer/device monitor) must be approved prior to use.

It's been suggested that we treat sites that allow third party upload differently since the site owners are not responsible for the content.
   Unfortunately, this is a specific situation for which we can offer no additional support. Each site owner/manager is responsible for their own content. Once we undertake to host other people's content we take on certain risks. This was obviated by Youtube and Google. Once Google aquired Youtube they came under, and accepted the, obligation to manage uploaded content such as to avoid hosting copyrighted content. As they have accepted responsibility for the content their users post on their site so must smaller site owners. While we really are entirely sympathetic, a site owner is, ultimately, exclusively responsible for any content on his/her website. If a site owner finds our content on their site it is, pre-emptively, their responsibility to remove it and, if damaged by it's presence, to take the issue up with their user - not with us.

You have a DMCA statement on your site and we still took the same approach as described here. Why didn't we contact you?
   Obviosly, we have a lot of respect for DMCA issues but simply putting a statement on your site does not absolve you of responsibility for accepting or stealing content ... and it will not change how we handle the issue of content stolen from any of our sites. We hope you understand our perspective. If anything is confusing to you please read this page again. It describes our actions in response to any event of plagurism

What happens if none of the above works in getting our content off the offfending website?
   Legal action will be launched naming the owner of the website, the web hosting company and any advertising agencies or other organizations who, along with the owner of the website, earn illicit revenues from our content.

How can you avoid any of these actions?
   If you audit your site and/or don't "lift" our Intellectual Property, you'll not hear from us.

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