Understand that the following form is provided for informational purposes only and is intended to be used as a guide only. The availability of this document should not be construed as rendering legal or other professional advice, and this document is not a substitute for the advice of an attorney.
The best way to avoid infringing on the rights of another creative person is to use your skill, talent and imagination to create your own completely original photo. When we use the word 'original' we don't mean that you must come up with an idea which hasn't been used before, when used in copyright matters "original" means that you created your photo without referencing or deliberately copying anyone else's photo during the process.
Ensure that all parts of your photo are your own original creations. If you have used materials which are owned by other people or companies make certain that you have obtained proper permission or licensing for the use before you place your photo online.
Any photo in fotoloupe should be considered to be copyrighted by default.
A photo is not required to have a copyright statement printed on it or near it in order to be considered copyrighted so do not assume that the photo is unprotected simply because you cannot see a notice written anywhere.
Do not confuse the fact that a photo is publicly available with the idea that it is public domain or free for use. Being easy to find on the internet does not affect a photo's copyrighted status.
It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission.
It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission.
It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.
It doesn't matter if you can find other people using things without permission, it's still considered copyrighted and you still need permission.
It doesn't matter if you've edited it a little bit or made a few alterations, if it's recognizable it's still considered copyrighted and you still need permission.
When we become aware that a fotoloupe submission infringes upon the copyrights of another user, creative person or company, we will immediately delete it. This is a legal requirement which we fulfill immediately; you will not receive an advanced warning and you will not be given an opportunity to 'fix it'. Any copyright owner following the procedures in this Copyright Policy can require fotoloupe to remove his or her copyrighted content. However, fotoloupe reserves the right to make the final decision and all the decisions are completely at fotoloupe’s discretion.
If you believe that a submission on fotoloupe infringes upon your copyright or if you believe that a submission was removed in error, you may report the submission via email.
If you are found to repeatedly post infringing content your account will be suspended and serious offenders will have their account banned and deactivated. If you are found deliberately misrepresenting the copyrighted photo of another as your own your account will be immediately banned and deactivated.
Even if fotoloupe takes an infringing photo down, if you put it up on fotoloupe you may still be responsible for very significant damages if the copyright owner decides to sue you.
To file a copyright infringement notification with fotoloupe, the copyright owner or an agent acting on his or her behalf will need to send a written communication that includes substantially the following: