All Images on this site are subject to US Federal Copyright laws. Individuals may not take pictures, screenshots or use any image without permission from Daniel Motta Photography. This includes taking pictures with cell phones of images and posting them on social media pages or other web pages.
Photographs are among the range of creative works protected by copyright, whether taken by a professional or an amateur. As with other creative works, photos are legally copyrighted when committed to a "tangible form." This includes digital forms that require the use of a machine -- like a computer -- to view them. While registration with the U.S. Copyright Office, or USCO, is not required, it provides the only true protection against copyright infringement.
UNITED STATES COPYRIGHT OFFICE
EDITORIAL PHOTOGRAPHERS - COPYRIGHT
Photography copyrights provide photographers the exclusive right to make copies of their work, prepare other works based on a copyrighted photograph, sell or distribute copies of the work or display the work publicly. Photographers with copyright protection can safely display their work in art galleries, for example, without the threat of someone copying the photograph. Photographers with copyrights can sell their copyrights along with their works to publications, other photographers or virtually any legal entity, transferring these rights to the buyer.
CIVIL INFRINGEMENT REMEDIES
Photographers whose copyrighted works have been used in violation of the law can sue copyright violators in federal court for an injunction and financial restitution. In this context, an injunction is a legal order to desist from a using a copyrighted photograph or collection of copyrighted photographs. Failure to comply with a legal injunction can result in criminal charges for contempt of court. Financial restitution can include repayment for all income earned using copyrighted material, payments for lost revenue to the copyright holder and payment of the plaintiff's legal fees.
CRIMINAL INFRINGEMENT PENALTIES
Photographers can file criminal charges against copyright violators for illegally using their copyrighted works. Although criminal proceedings for copyright infringement do not result in restitution for the victim, aside from reimbursing legal fees, copyright violators can be required to pay up to $250,000 in fines to the court. In addition, violators of photo copyrights can face up to five years in prison, or up to ten years for each repeat offense.
Once I've given you permission, there are some terms and conditions that are required in order to publicly share my photos.
- If you decide to use my images on a blog or online context, I must be cited in the first paragraph. The words "Daniel Motta Photography" must appear as an underlined hypertext link to the URL https://www.danielmottaphotography.com. The HTML link used in the URL link may not include the "no-follow" attribute.
- When photographs are displayed on Facebook or Pinterest, the following text must be included in the description for each photo: "Copyright Daniel Motta Photography, https://www.danielmottaphotography.com.
- Photographs that are used online may not be cropped, resized, or modified. Additionally, the Daniel Motta Photography logo must appear attached to every photo and may not be hidden, modified, or removed.
- If you are trying to use my photographs in a printed editorial context, I must be cited with the words "Daniel Motta / danielmottaphotography.com under each photograph or in the margin as dictated by the publication's style guide.
- Permission to display the images may be rescinded at any time for any reason. If a request for removal is provided, you agree to remove the photographs within 24 hours.
- You must contact and obtain separate permission from me and offer just compensation prior to sharing these photos with any other party or when using photographs in printed or electronic advertising, magazines, website portfolios, websites or blogs outside of your direct control, or on your own business website.
- If you fail to abide by these Terms & Conditions, you agree to compensate me (and my clients when applicable) for any usage. That usage is based on the monetary rate that would be customary and in accordance with photographic industry rates at the time of publication or distribution. You may also be held liable for actual and statutory damages.