The Legal Stuff
You know it has to be done...
Trademark
"Mystic Glade" is the trademark of Shawn Backus and has been used in trade since April 2003. Although the original domain name was lost due to a registrar glitch (and they are simply keeping it, and constantly transferring it to keep it, probably so they don't have to pay the registration fees, a new scheme in domain name registration) that does not nullify my trademark. The use of this name in a manner that would create confusion in regards to my work is a violation of my trademark.
License Fees
I will bill a licensing fee and take legal action against any individual, company or entity that uses my images without permission. Just because you didn't legally license it doesn't mean that you are not responsible for the fee.
I always give a 72 hour notice if the individual is not earning a profit, I waive the fee if a notice is placed on their site so that those who took whatever had my work on it are fairly notified. If the image is one I license I send a bill for the licensing fee. However, if it's apiece that is not licensed out for tag creators and such there is a $1000.00 licensing fee, regardless of commercial or non-profit use.
This is because any image not licensed for use in the package is already committed elsewhere or has a specific purpose.
If they are selling my work in any form there will be a licensing fee of up to $1000.00 depending on the use (mass production, limited editions or single run).
Copyright
A copyright is a right held by the creator to all "copy" of their work. No one may take, use, alter/modify or distribute (be it for sale, free or trade) the works of another. That is copyright infringement and is against United States and International copyright laws.
No one other than the original creator may override their copyright.
Copyrights are respected & actions against infringements are taken in most countries as per the Berne Convention.
All art and web graphics on this site are © S. Backus! No part of this website or it's images may be reproduced, downloaded or altered without the written consent of Shawn Backus. Any infringement of this copyright is liable for prosecution.
Many people think that if they snatch from an artist's website that they can not and will not be held liable for it - after all it's right there on the Internet. What they don't consider is that if the artist sells their work (as the artist of this site does) in any form, be that tangible or graphical, they can claim a loss of income from the unlicensed distribution of their artwork. Someone has to compensate the artist for their time/work and if taken to court it will be the one who thought taking the image was "no big deal". Even if that person made no profit in the distribution of the image.
Recently the US courts have declared & found that on certain conditions copyright violations can be considered a felony charge.
Is it really worth it??
If you should find any unauthorized use of my images on the internet please contact me.
Fair Use & Public Domain
You may not claim "fair use" or "public domain" to use any of the images you find here without licensing.
"Fair Use" requires that any use of these images is done specifically to "review, educate, research, comment or parody" (learn more). Fair use does not include using these images for "personal" use or with the claim that "I'm not charging anything" in the distribution of the images.
No images or content of this site is placed in the public domain. If you wish to display these works on your website you can find more information here.
Ignorance is no Excuse
Do not take the word of someone on the internet who "snags" and distributes images created by other people. They aren't looking to protect you or artists, they simply want recognition for themselves without condemnation. Should you follow their lead and get in trouble over infringment, it's highly improbable that they will pay your lawyer fees or the damages that a court may find for the artist.
Learn for yourself and be responsible for your own actions. Contact a lawyer and ask or check out the various government websites pertaining to copyright (not the websites of "snaggers" or those who infringe on the copyrights of others.
Top Copyright Myths is an easy to read and understand page that addresses fair use and other Myths being tossed about by various online groups to "validate" their theft