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Standard Members Agreement
1.0 Summary: All members images are members images and are protected as such. This agreement outlines the terms and agreement of Standard Membership with Living Art.
2.0 General image title and copyright. All images showcased in this website are protected by the laws of copyright and all rights are reserved. No image may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system without prior written permission of the living-art member. Any use of an image expressly authorised in writing by the living-art member is made expressly subject to the living-art terms and conditions of reproduction and submission. All members will need to accept our terms and conditions, privacy statement and the appropriate copyright agreement relevant to their membership status.
2.1 Use of your images for public works of art Living-art reserves the right to use the members image at the resolution displayed for the sole purpose of collaborative artistic public works such as ‘the Big Picture of Natural Britain’. Other works and collaborations: Members images will not be used for any other purpose without written request and prior notification.
3.0 Members Account Information - The personal information in your account must be complete and accurate in order to upload files to Living Art. - Ensure that your full first and last name are correct, and include your current postal address (so that when appropriate we know where to mail your commission payments). If this information is incomplete or incorrect, your application cannot be completed. - All members will need a valid and current address and email address and if under 18 years of age the permission of any bill payers responsible. - This information is protected as outlined in our privacy policy.
4.0 Copyright & Protected Items Living-art makes every effort to conform to International copyright legislation and other applicable law, with our principal jurisdiction in the UK. Uploading someone else's photographs or artwork is strictly prohibited and a violation of the Living-art membership agreement and other applicable law. You must be the copyright holder (original artist) of every image you submit. Uploading any of the following is strictly prohibited and may result in a lifetime ban or legal action:
A photograph that you didn't take. An image you found (whether it was on the web, from a book or magazine or any other printed object). A photograph of a photograph. Stock photographs. Creating unauthorized derivative work.
Copyright is very important to the Living-art community and should be respected and adhered to as closely as possible. Where something may be uncertain, you will find that we generally reject the image. As an artist or photographer uploading your images, please note we do not accept files that contain: logos, trademarks, company names, product names, product brands or trademarked and patented designs, Product Designs, Paintings, sculptures, any object in a museum, any object in an art gallery, including public sculpture, some architecture, advertisements, other photography (a photo of a photo), Traced illustrations based on stock photography, fashion editorials, items that you do not own the original copyright for. Embedded Copyright Notices.
5.0 Model Release: For the purposes of completeness and for the few few applicable categories on the living-art website; 1. All photographs where an identifiable human face is present unlike English meadows and chimpanzees, require a model release. There are no exceptions. 2. If the photograph is of a minor (a child under the age of 18), a model release must be signed by a parent or legal guardian. 3. A valid witness signature must appear on the model release. Generally, it should be someone other than the photographer. 4. Living-art asks that all photographers have saught and obtained the necessary release 5. A sample model release document is available to download here – adult download, parental download.
6.0 Property Release: The requirement for a property release isn't as clear-cut as for a model release, because there is no specific right of privacy that attaches to property, as it does to people. Having said that, there are at least two reasons for obtaining property releases: (i) on the theory that a person's identity might be connected to the property in question (such as where a person's property is used in a manner that might defame the person as owner); and (ii) on the basis that to use someone's property for commercial gain without their consent may amount to an offence called "conversion". Also, if you go on someone's private property to take a picture of them or their property, it could amount to trespass. * Living-art recommends that a Property Release be obtained when the image contains identifiable property wherever possible (this isn't just for houses, it could apply to pets, cars and other personal property. The more recognizable and unique the property (and the more the owner's identity might be connected to or determined from the property) the greater the need for a property release. * The Property Release needs to signed by the legal and beneficial owner(s) of the property or their authorized agent. Many of the same formalities apply as for Model Releases.
7.0 Contact Us For feedback, comments and suggestions on this public collaboration or you just need to contact us please email: feedback@living-art.org.uk
Living Art 10 Hathersage Business Park, Heather Lane, Hathersage, Hope Valley Derbyshire S32 1DP Tel: 01433 650555 Fax: 01433 650553 Email: info@living-art.org.uk
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