By uploading and applying your Image (“Image”), you warrant and represent that you own or otherwise control all of the rights to your Image, including all the rights necessary for you to provide, post, upload, input or submit the Image, and to transfer all such rights to Pacific Paddler. In addition to the warranty and representation set forth above, by uploading and posting an Image that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use, and (b) that each person depicted in such Images, if any, has provided consent to the use of the Images, including, by way of example, the distribution, public display and reproduction of such Images. By posting Images, you are granting to all persons who have access to the Images, without compensation, permission to use your Images in connection with the use, including a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to third parties.
Before you upload an image, make sure that the image falls in one of the four categories:
- Own work: You own all rights to the image, usually meaning that you created it entirely yourself.
- Licensed: You can prove that the copyright holder has released the image under an acceptable license. Note that images that are licensed for use only on certain “channels”, or only for non-commercial or educational use, or under a license that doesn’t allow for the creation of modified/derived works, are unsuitable. When in doubt, do not upload copyrighted images.
- Public domain: You can prove that the image is in the public domain, i.e. free of all copyrights.
- Fair use: You believe that the image meets the special conditions for non-free content, which exceptionally allow the use of unlicensed material, and you can provide an explicit non-free use rationale explaining why and how you intend to use it.
You’ve obtained the right (paid or free) to exploit the image in all media throughout the universe for a specified amount of time; in the case of a pre-existing free license, if the place where you found the image does not declare a pre-existing free license, yet allows use of its content under terms commonly instituted by them, it must explicitly declare that commercial use and modification is permitted. If it does not so declare, you must assume that you may not use the image unless you obtain verification or permission from the copyright holder.
Public domain —
Public domain images are not copyrighted, and copyright law does not restrict their use in any way.
Images may be placed into the public domain by their creators, or they may be public domain because they are ineligible for copyright or because their copyright expired. In the U.S., copyright has expired on any work published anywhere before January 1, 1923. Although U.S. copyrights have also expired for many works published since then, the rules for determining expiration are complex.
Free images should not be watermarked, distorted, have any credits or titles in the image itself or anything else that would hamper their free use, unless, of course, the image is intended to demonstrate watermarking, distortion, titles, etc. and is used in the related article. Exceptions may be made for historic images when the credit or title forms an integral part of the composition. Historical images in the public domain sometimes are out of focus; display dye dropouts, dust or scratches; or evidence of the printing process used. All photo credits should be in a summary on the image description page. These may be tagged ©.
Privacy rights —
When taking pictures of identifiable people, the subject’s consent is not usually needed for straightforward photographs taken in a public place, but is often needed for photographs taken in a private place. This type of consent is sometimes called a model release, and it is unrelated to the photographer’s copyright.
Because of the expectation of privacy, the consent of the subject should normally be sought before uploading any photograph featuring an identifiable individual that has been taken in a private place, whether or not the subject is named. Even in countries that have no law of privacy, there is a moral obligation on us not to upload photographs which infringe the subject’s reasonable expectation of privacy. If you upload a self-portrait, your consent is presumed.