A note about copyright
Please note Copyright infringement denotes "substantial similarity" to someone else’s creation in whole or in part.
If your work looks like another’s side by side in whole or in part we will not knowingly accept it.
EXCERPTS FROM THE U.S. COPYRIGHT OFFICE
Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Copyright Act gives the owner of copyright the exclusive right to do and to authorize others to do the following: To reproduce the work in copies. To prepare derivative works based upon the work; To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To display the copyrighted work publicly.
Right to Modify Alterations:
Since altered artwork is in fact a derivative work of the original, if the artist does not grant the right to prepare a derivative work, the client has no right to alter the image. (U.S. Copyright Office)
How much do I have to change in order to claim copyright in someone else''s work?
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another’s work, no matter how much you change it, unless you have the owner’s consent. (U.S. Copyright Office)
WINDOWPAINTING.ORG CONTENT PROVIDER ARTIST AGREEMENT
In this Agreement, the party who is contracting to provide "Artistic Content" for sale to the public through the website shall be referred to as "Artist", and the party who will be displaying and marketing the artistic content shall be referred to as windowpainting.org, "WP" or "website."
- CONTENT for our purposes, will consist either of copyright text; graphics, colored images, font or anything else submitted by the Contracting Artist that WP agrees to make available for market.
- AGREEMENT FOR LICENSE TO USE CONTENT. This agreement for Content to be displayed and sold in the form of pattern printouts by windowpainting.org relates to your submission of either physical or digital content of copyright artwork you submitted. In accordance with this agreement WP will have the right to display and distribute such contents through its website windowpainting.org. All communications between Artist and WP will be electronically conducted unless otherwise agreed. WP makes no warranties as to your satisfaction, including warranties of merchantability or fitness for purpose. This agreement signifies you grant windowpainting.org the non-exclusive, royalty free license to display and distribute your content on the worldwide web. WP has the right to sell the Artistic Content by route of customer printouts, which customers can access on the windowpainting.org site. Customers may use Artistic Content in accordance with the general use permits granted through the WP site, or the Artist/Owner may create additional/unique terms and conditions which will be included in the customer’s agreement prior to sale of copyright graphic works.
- PAYMENT. WP will pay a percentage of the selling price of the "Artistic Content" to the Independent Contracting Artist per pattern purchase made, both parties will agree upon this amount. WP reserves the right to negotiate the percentage of the sales price it will request per item that the Artist may submit. WP will not compensate Artist for the display of Artists Content except as it is purchased through the WP website. WP will not charge Artist any fees in association with readying Content for market through the WP site. WP will make payments monthly to the Artists for any royalties due; all payments will be made electronically unless otherwise agreed. This contract may be inherited and pass to Artists heirs or beneficiaries.
- CANCELLATION/TERMINATION. Either party to this agreement may cancel any or all agreements as they may relate with or without cause at any time. Artists however shall give WP 30 days notice prior to WP''s necessary removal of Artists Content from the WP web site. In addition the timing of any revisions to the Artists Content, which the Artist may request, shall be at WP''s discretion.
- RELATIONSHIP OF PARTIES. It is understood by the parties that Contracting Artist is an independent Contractor with respect to windowpainting.org and not an employee. Windowpainting.org will not provide fringe benefits, including health insurance, paid vacation, or any other employee benefits for the Contracting Artist. Artist will be engaged as an independent contractor and shall be treated as such for all purposes, including but not limited to, federal and state taxation, withholding, unemployment insurance and worker’s compensation. The Artist will not be considered an employee for any purpose. In addition WP is acting as an independent contractor and further acknowledges that it is not an affiliate or subsidiary of any party it contracts with. It is expressly understood that this undertaking is not a joint venture. WP as an independent marketer of patterns may include on all pattern printouts its website address, www.windowpainting.org. This website address will appear in addition to the Artists copy right notice and will be preceded with the term " in association with", so that both parties are represented.
- COPYRIGHT AND OWNERSHIP. Artist unconditionally guarantees that the Artist owns all copyrights to Artistic Content submitted to the WP site, or that Content Provider has the legal right and permissions from the rightful owner to submit such Content. ARTIST EXPRESSLY AGREES THAT IT WILL HOLD WP HARMLESS FOR ALL LIABILITY CAUSED BY SUBMISSION OF CONTENT TO THE EXTENT THAT SUCH CONTENT INFRINGES ON THE RIGHT OF ANOTHER AND AGREES TO PROTECT, DEFEND, AND HOLD HARMLESS THE WP SITE IN THE EVENT OF ANY SUIT OR CLAIM ARISING FROM SUCH CONTENT. WP shall not be held liable for any representation or negligence on another’s part. The Contracting Artist will indemnify WP against all claims and expenses arising from uses for which the Contracting Artist does not have the right or authority to use. It is further understood that any elements of text, graphics or design assembled by WP for use in marketing or hosting Artists Content created by WP do not belong to the Artist and that all creations remain the property of their respective owners. Any electronic alteration of original Content by WP is prohibited without the express permission of the Contracting Artist. Artist must embed their name on content prior to submission or shall have an agreement with WP that WP will embed Artists name. At no time, though WP might suggest pattern types or modifications, or even specific patterns, shall any artistic impressions be considered a work for hire.
- RETURN OF RECORDS. If Artist sends physical content to WP and wishes it returned Artist must specify prior to time of the submission of such content. No tangible content may be retrieved from WP by Contracting Artist unless it is specifically conferred; any return of Artistic Content is on a per item basis and needs to be stipulated by the Artist prior to the time of submission. Artist may not send WP valuable originals or anything Artist could not easily replace, WP will not be held responsible for the return of "Artistic Content" to the Contracting Artist or make any guarantee as to the condition of any return of content submitted.
- NO ASSERTION OF RIGHTS; It is understood that windowpainting.org asserts no rights, interest or title to any content submitted to its website by Artist except as are specified in this agreement.
- NO OBLIGATION TO HOST OR SELL CONTENT. WP is under no obligation to display or host Content of the Artist though it may elect to. WP reserves the right to determine in what manner all Content is hosted and displayed on its site as well as the time such Content will be hosted. WP also reserves exclusive rights to determine how content will be accessed and acquired on its site. WP may review "content" on a per item basis and each submission may be subject to WP''s decision to display.
- LIMITATION OF LIABILITY. WP gives no warranty, expressed or implied for the service it may provide to the Artist. WP does not warrant that the operation of its web site will be error free or uninterrupted, WP will not be held liable for any damages, including but not limited to direct, indirect, punitive, special or consequential damages due to errors or interruptions. This includes the loss of any business profits, or the loss of any Content belonging to the Artist, even if WP shall have been advised of the possibility of such damage. It is understood that WP shall not be held responsible for any omissions with respect to the Artists Content or other inaccuracies that may occur on the WP site. WP shall not be held responsible for any destructive properties of any ''information'' exchanged with the Artist or hosted on its site. The artist further agrees to hold WP, its representatives and associates free from any claims, expenses losses or damages for any warrant or breach expressed or implied by this agreement. Specifically, the Artist agrees to pay any and all attorney fees or other costs incurred by WP arising from any actions or claims for which this contract provides WP indemnification. Any disputes arising from this contract will be litigated or arbitrated in the state of Idaho, and so shall this contract be governed in accordance with the laws of the State of Idaho. Again it is understood that WP will not be held responsible for any accidental or incidental errors, which may occur, except that WP will endeavor to correct any error on a timely basis. The WP site is only made available ''AS IS, ''AS AVAILABLE'' and ''WITH ALL FAULTS''. The Artist agrees to review all Content and information which appears on the WP site for accuracy, further more the Artist agrees to notify WP as to any concerns or corrections that should be made. WP reserves the right to remove Artists Content and all related data from its web site in the event of any dispute until such dispute is resolved. It is also understood that WP cannot be held responsible for copyright infringement of Content, this is true whether it is acquired by, or through the WP site, in addition WP cannot assert that our site is free of viruses or other materials that may cause damage and asserts that the retrieval of any Content from the WP site is done at ''your own risk'' and that WP will not be held responsible for any damage to Artists computer hardware or software. In no event are you entitled to damages, be they consequential, punitive or otherwise. If an instance should arise where windowpainting.org’s assertion of limitation of liability were counter to applicable law or found invalid in whole or in part for any reason windowpainting.org asserts that the total liability in such circumstances shall not exceed one hundred dollars.
- CONTRACTUAL CHANGES. Please be sure to review our contracts before any new submissions to the site as they may change. Artist and windowpainting.org will both be bound by the contract that Content was submitted under.
- REVIEW BUYERS CONTRACT. Artist agrees to read the Buyers contract prior to submitting any content, Artist must agree to conditions prior to submitting any graphic works.
- ENTIRE AGREEMENT This agreement contains the entire understanding of the parties. It may not be changed orally, but only by an agreement in writing agreed to by both parties, this may be done in an e-mail format or otherwise.
- Artist states that they are at least 18 years of age and that they have read both the Buyers Agreement and the Content Providers Agreement in full and understand them.
Artist also states that they are the person qualified to post the copyright graphics they submit.
RESTRICTED or NO USAGE AREAS
Artists have option of no / limited use of selected images in areas.
POSSIBLE REASONS FOR RESTRICTIONS EXPLAINED
The artist may work in the area and may continue to use the graphic design in works; any other renderings may be in direct competition with the artist or make the original artist’s renditions less valuable.
A possible worst-case scenario:
The Twilight Zone: Local Buyer discovers website and purchases naïve artists design in a community (person had always admired this design and now for a few dollars they owned a pattern with the right to paint it). After purchase Buyer proceeds to acquire jobs painting artist’s design- relentlessly. Original artist who offered this unique design discovers Buyer has taken jobs all over town painting design original artist was planning to paint. To make matters worse some of the artists repeat jobs have been painted with the purchased design.
Artist reputation is at stake.
Derivative Works: Another viable reason to prohibit reproduction: Gang of evil artists paint renditions of Artists' strong design in prominent places, poorly executed or in combination with inharmonious graphics that can never be forgotten strategically over large area! When original artist displays photos of work, potential clients are haunted by hideous renditions painted by horrible artists. Artists'' elegant could end up surrounded by cartoons or visa versa.