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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