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The PACA Copyright Commandments:
Know Your Responsibilities…

1. When it’s created, it’s copyrighted. Use the copyright notice.
2. The photographer or his agent has the exclusive right to exploit the copyright in each image. That right is for the life of the photographer plus 70 years.
3. Permission to use a copyrighted photograph for any purpose whatsoever must be obtained in advance in writing to avoid possible violation of the federal law on copyright.
4. Any unauthorized use constitutes an infringement.
5. Penalties for infringement are monetary and can be severe.
6. Combining, altering or scanning photographs or any part thereof, including electronically, is an exclusive right held by the photographer and permission to combine or alter should be obtained in writing prior to any such changes or uses.
7. Exceeding the terms of a license has been held to be an infringement. A new license is required prior to additional use.
8. An artist’s rendering of a photograph in another medium is a derivative use of an image and does require the written permission of the copyright owner prior to use.
9. Re-creating a copyrighted photograph is a derivative use and therefore requires the permission of the copyright holder of the original image.
10. Reference use of a photograph or any part thereof requires the permission of the copyright holder.
 
 
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