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Photo Licensing & Copyright

ALL IMAGES ARE COPYRIGHTED BY THE PHOTOGRAPHER.  Contrary to popular belief, photos are copyrighted the moment the photographer takes them.  No watermark or other process is needed to enforce or perfect a copyright; generally (as one of several factors), the holder of the full-sized original digital image will be considered the copyright holder.  This is why I never upload full-sized original images to my website, nor do I license them to anyone.  I spend a lot of money and time on my photography, so it is only fair that photographers enjoy broad protections for that work.  

In addition, holders of intellectual property rights can sue in state court for violations of federal copyright laws, because the federal copyright laws are derived from common law. In other words, these various courts have concurrent jurisdiction. Small claims (in Arizona, up to $2,500) and Justice Court (in Arizona, up to $10,000) are a good choice to litigate these cases. The filing fees are smaller than "regular court" (in Arizona and California, they are called Superior Courts, and in Arizona, the filing fee is now $303, versus $85 in justice court) and the process is streamlined and fairly straightforward. Drawbacks - less likely to get a jury trial and it's possible the small claims/Justice court judge (JP) may not know much about copyright infringement. In Arizona, not all of the small claims/JP judges are even attorneys. Still, it's the closest thing to Superior Court mediation you can get.

I license photos to all who wish to use them.  Payments can be sent to my premium commercial account at
www.paypal.com, which permits you to use your credit card or checking account without me actually seeing your financial information.  Accounts at Paypal (which is owned by eBay) are secure, and there is no fee for you to use their service.  They charge me about 3% of the net, so in essence, I'm paying the convenience fees for you!  Direct the payment to my e-mail address:  dakra@cox.net.  I can also accept checks, money orders, or cash. 

I use a tiered pricing system.  Prices are lower for individuals and higher for businesses.  Individuals may use any of my web-photos (the images you can find on here, or in Photobucket) for free, so long as it is for personal use only and credit is given to me as follows:  Courtesy Burns Photography,
www.aroundphoenix.com Businesses cannot use any of my images, web or otherwise, without contacting me first and likely paying some sort of fee.  I usually make exceptions for charity and non-profit organizations, as well as individuals who demonstrate need of some type, such as financial or educational need.

LICENSING

Contact me at 602 999-7601 for image licensing information.  This is generally a limited, non-exclusive right to use the image in advertising or other medium.  It is limited in time (usually for one year) and non-exclusive in the sense that I, as the photographer, always retain the right to sell the image to another customer and I retain the ownership of the image.  Generally, licensing fees will start at $100 per image and go up from there.  Usually, I will create an invoice with the terms of our agreement, then you pay via Paypal and I do my part. 

When you contact me, please be ready to provide the following information:

1.  What images you are interested in?  I offer bulk discounts, so the more images, the better.   
2.  What is the intended scope or use of the images?
3.  What is the nature of the person or business purchasing the images or licensing?  Obviously, I'm likely going to charge Coca Cola more than Joe Schmoe Realtor or a small business.
4.  Are you willing to provide credit to me for the use?  This often results in a discount. 

Thank you for considering my photos!

--don

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