Each PhotoLib‚Ñ¢ image contains one or several Usage Codes in the Aldus Fetch description. The Usage Code indicates how you may use the image and recommendations on use:
Usage Code U
All images with Kagema Copyright have this Usage Code. The Kagema
license agreement applies. You may use the image virtually unlimited.
The main limitation is (as for all PhotoLib‚Ñ¢ images) that you may not use the image to create a final product which is sold (poster, photo book, calendar, T-shirt or similar).
E.g. A PhotoLib‚Ñ¢ image may not be reproduced or copied repeatedly and each individual copy be sold for money.
Usage Code T (Trademark)
This image contains products or represents a company which has rights or vested interests in it. You should only use the image for the intended purpose (promoting the product or company). If you wish to publish the image for commercial purposes (advertisments, brochures or similar) and if you feel unsure, we recommend that you contact the provider of the image and ask for permission. Examples are photos in the COMPUTER category from Apple, IBM and DEC.
Usage Code P (Purpose)
This image was supplied by a company or organisation for a specific purpose. This applies primarily to photographs supplied by tourist organisations. These images are intended to promote tourism in the respective country. You should use the images for that purpose. Do not use these images out of context for a different purpose.
Usage Code C (Credit)
This photograph has been supplied by a company or organisation which asks you to include a picture credit with each publication of the photograph. The text of the credit is attached. The text should be 6 points minimum and should appear in a lower corner of the image or slightly below the image.
Usage Code D (PhotoDisc)
The image is part of the PhotoDisc CD-ROM library.
The PhotoDisc Inc. license agreement applies.
Usage Code S
The Kagema license agreement applies with the addition that the image may not be used as "Clipart". This means that you may not manipulate or distort the image or parts of the image to create a substantially different image.
TRADEMARKS, PRODUCTS AND COMPANIES
Some PhotoLib‚Ñ¢ photographs contain images of products, product names or company names. These may be trademarks or registered trademarks. For example if you search for "Times Square" you will find many tradmarks: Coca Cola, Canon and many more. If you use such a photograph for example in your advertisment the trademark holder may object. If you are in doubt discuss the matter with your advertising agency, lawyer and the company in question.
MODEL RELEASE
PhotoLib‚Ñ¢ images are "Model Released" unless the Fetch photo description contains the text "NOT MODEL RELEASED!". "Model Released" signifies that the person or persons appearing on a photograph have agreed to that the photograph may be published.
"Model Release" is mostly "On File" with the photographer or stock agency. We only reproduce the information provided to Kagema by the source of the photograph.
CELEBRITY CLEARING
Famous People may object if you use their face in an advertisment or similar. There is no such thing as a general "model release" for famous people. If you would like to use the celebrity photo anyway you should assure that you get the OK from the person in question. PhotoLib‚Ñ¢ contains very few celebrity photos. Michael Andretti (the race car driver) is one of the few examples.
All information about the photographs such as photographers name, model released or not, reference numbers etc. have been provided to Kagema by the originator of the photographs. Kagema has applied utmost care to attach this information correctly to each photograph in the PhotoLib‚Ñ¢ library. Please advise us if you should find any incorrect or doubtful information. In any case the license agreements and limited warranty applies.
ETHICS
Photographs are works of art and intellectual property of the photographer. A photograph is protected by copyright law.You receive a personal not transferable license to use these photographs.
You should respect the work of art licensed to you.
Do not
• make unauthorised copies
• use the images or parts thereof for pornographic publications
• use the images or parts thereof for any criminal purpose
• use the images or parts thereof for any product violating copyrights
• do not violate the license agreement
You should
• if you provide your customers with a service including a PhotoLib™ image you must inform your customer that the final product may not be sold.
• if you want to substantially alter, modify or distort a photo or parts of a photograph you should include a credit text in the new image:
"Based on a photograph from ........"
Such modifications are not allowed for Usage Code S.
