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Crimson Ecstasy Graphics - General Site/Blog TOU
Terms of Use: Crimson Ecstasy Graphics / Designs / Blogspot ACCEPTANCE OF TERMS: Use of the graphics and codes provided on this website is subject to the following terms and conditions. I (Frances "Katie" Johns) reserve the right to change/update these Terms of Use at any time, with or without notice to the public. The most current copy of my Terms of Use (TOU) may always be found on this page of my website. NOTICE REGARDING INFORMATION & DOCUMENTS AVAILABLE ON THIS WEBSITE: In no event will Crimson Ecstasy Graphics, this website, or its creator be liable for any damages resulting from loss of data or profits arising from or in connection with use of any information or documents obtained from this website or its affiliates. NOTICE REGARDING GRAPHICS AVAILABLE ON THIS SITE: At no point in time will Crimson Ecstasy Graphics be responsible for actions taken against users of its content without proper attention to these terms and conditions. Those who take part or parcel from this site and use without permission/against these TOU will be prosecuted to the fullest extent of the law. USE OF SERVICES: By navigating and/or using content obtained from this site, you hereby agree to the following Terms & Conditions: * Use of any material or information, including images or photographs, which are made available through this site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party is strictly prohibited. * Under no circumstances will you claim any work seen on this site as your own, this includes removing/obscuring any link backs or watermarks placed upon any graphics/documents seen on this site. PERSONAL AND NON-COMMERCIAL USE LIMITATION: Unless otherwise specified, the Graphics/Services are for your personal and non-commercial use only. You may NOT sell any originals, or any derrivative works resulting from content gained through this site. This qualifies as Commercial use, and as such is strictly prohibited. Anyone found to be in violation of this limitation will have actions taken against them eqaul to their offense. LINKS TO THIRD PARTY SITES: Any links to sites outside of Crimson Ecstasy Graphics & its affiliates are not under the control of CEG or its affiliates, and as such they (CEG & Affiliates) cannot be held responsible for their content. These links are placed on the site for your convenience only, and do not necessarily represent the opinions of CEG or its affiliate sites. Placement of a link on this site does not necessarily represent endorsement by any party in control of CEG or its affiliates. IN LAYMAN'S TERMS: Unless specifically mentioned to be otherwise, all graphics/codes are for PERSONAL & NON-COMMERCIAL use ONLY. You may only use these items in accordance with the terms of the "Personal & Non-Commercial Use Limitation" as described above. THESE TERMS OF USE APPLY TO THE ENTIRITY OF THE CEG/CED WEB NETWORK (Arrived upon through links to or from the following sites: http://www.crimsonecstasygraphics.blogspot.com / http://mycrimsonecstasy.com/CrimsonEcstasyGraphics/Home.php / http://www.myspace.com/crimsonecstasygraphics / http://www.myspace.com/crimsonecstasydesigns / http://www.cafepress.com/crimson_ecstasy). COPYRIGHT NOTICE & FAQ. © 2007-2008 Frances "Katie" Johns @ Crimson Ecstasy Graphics. All rights reserved. The following is provided for informational purposes only and should not be construed as legal advice. If you need legal advice, contact a lawyer. What is copyright? Copyright law protects original works, such as websites, books, music, paintings, photos and video. A work is "original" if it contains some elements you created and did not borrow from others. Typically, when you create an original work, you own the copyright. As the copyright owner, you can control how others use your work. For example, if you write a movie script, you have the right to, and can prevent others from, copying your script, sharing it with others ("distributing it"), making a movie or book from your script (a "derivative work"), or publicly performing your script as a play or movie. You also have the ability to sell or give away these rights. In other words, you could sell the right to make a movie based on your script to a movie studio. If you use someone else's copyrighted materials without permission, that use generally violates the copyright owner's exclusive rights, and is copyright infringement. So if you create a new work and include parts of other people's works in it (such as an existing photo, lengthy quotes from a book or a loop from a song), you must own or have permission to use the elements you borrow. For example, if your script is based on an existing popular series, you should obtain permission to use the elements you borrow from the series. Copyright law is different from the law of personal property. If you buy a physical object, such as a movie on DVD, you own the physical object. You do not, however, obtain ownership of the "copyrights" (the rights to make copies, distribute, make derivatives and publicly perform or display) in the content of the movie. The fact that you have obtained physical possession of a DVD does not automatically grant you the right to copy or share it. If you make your own movie, it may include many copyrighted works in it. So, if you decide to make a movie based on your script, you must either create all elements of it on your own, or have permission to use the elements you borrow. Especially keep in mind that photos or artwork hanging on the walls of your sets and music on the soundtrack (even if you own the CD or MP3) may be copyrighted. You should not include copyrighted works such as these in your movie without authorization. A few other things to keep in mind are: 1. Just because a work does not include a copyright notice (e.g., © 2006 CEG) does not mean the work is in the public domain. Copyright notices are generally not required for works to be protected by copyright. 2. Just because a work is easily available on the Internet or elsewhere does not mean you may use the work freely. Look for terms of use, such as Creative Commons, that explain how works you find on the Internet may be used. Isn't it in the public domain? Just because a work is freely available, does not mean it is in the "public domain." Copyright is for a limited term; it does not last forever. In the copyright context, "public domain" means the copyright term has expired. Once a work is in the public domain, it may be freely used without permission from the copyright owner. Determining the term of copyright can be complex, particularly because copyright laws vary from country to country. Also, even if the copyright on a work has expired, you should be careful about how you use a public domain work. For example, a book may be in the public domain, but it might not be ok to scan the book cover to cover and post it on the internet. This is because the particular version of the book may contain new copyrightable material that is not in the public domain, such as cover art or footnotes. What about fair use? In limited situations, you can use copyrighted works without permission from the copyright holder. It can be difficult to figure out whether use of copyrighted works without permission is legal, though, because the laws in this area are often vague and vary from country to country. The copyright law in the United States has a doctrine called "fair use". Fair use provides a defense to copyright infringement in some circumstances. For example, fair use allows documentary filmmakers to use very short clips of copyrighted movies, music and news footage without permission from the copyright owner. Fair use is a difficult concept because determining whether something is a fair use involves weighing four factors. Unfortunately, weighing the fair use factors rarely results in a clear-cut answer. Rather than applying a fair use test, many other countries have specific exceptions to copyright infringement. The number and type of exceptions vary by country, but they frequently allow copyrighted materials to be used without permission from the copyright holder for activities such as nonprofit research, teaching, news reporting, or private study. If you incorrectly decide that something is a fair use or falls into an exception to copyright infringement, you could be held criminally and civilly liable and have to pay damages. We suggest you talk to a lawyer if you have questions regarding fair use. |
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