Privacy, Disclosure, Limited Usage Rights, Advertising and Copyright Statement

See below for Personal / Educational Allowed Uses Of Images and Information belonging to Tom Philo

Personal Identifying Information

Disclosure of any personal information such as first and last name, address, phone numbers, checking, credit card or information that would uniquely identify a particular person is not given, shared, sold, or bartered with other firms or people.

E-mail addresses may be given to an individual who has requested a reference in order to evaluate Tom Philo Photography photographic work but only if the e-mail address owner has agreed to be allowed to be used as a reference in advance.

Photo Used on the Web Site

Couples from a wedding, individual portrait, or any photograph where a person or group of people is the primary subject of the photograph, and are easily identifiable, are used after the people have agreed to allow use of their likeness in advance (by signing a model release form).

When a picture is used only their first names are used, if then. Usually I do not identify them at all.

All others images of people seen on the site are used under the fair use category of the copyright law. This governs instances where what a person or group is doing is the subject of the photograph, or when people were photographed in a public space.

Information Storage

No personal information is stored on the web site. No E-mail opt in lists, notification lists, personal data e-mail addresses or cookies are used on the web site itself.

W3C standard web server log files are kept only as long as they are pertinent to improving site navigation and for fixing errors within the site. As is typical, it logs http requests to the server. This means that it knows the originating IP (e.g. 18.29.0.1) address of a user agent (the browser) requesting a URL. It also records the Referrer and User-Agent information accompanied with an HTTP request. It does not log the specific identity of visitors. I occasionally analyze the log files to determine which files are most requested and the path the anonymous user took through the site. The logging is passive; no where are technologies such as cookies used to record or maintain any information on users. I don't care about the bots that traverse the site (except e-mail culling ones which I try to defeat with code.) Log files are normally deleted after 60 days.

E-mail requests sent via the web site are not stored on taphilo.com. All e-mails sent to taphilo.com are stored off server and off net and are inaccessible from the web. These are stored with normal physical and logical security measures to prevent unauthorized use.

Materials Sent to Tom Philo

You agree to grant to Tom Philo Photography (TPP) a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to TPP (by any means such as bulletin boards, forums, newsgroups, e-mail, voice, paper or fax transmission) now known or hereafter developed. You also grant to TPP the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto of ideas.

The above right to use submitted information does not usurp the rights of copyrighted material if included.

You agree that you shall have no recourse against TPP for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

External Web Links

There are many pages that contain links pointing to sites on the Internet that are owned and operated by third parties. Every attempt has been made to only link to sites that are in context and contain pertinent information relating to the pages on which the link exists. However, there is no way for me to control material on those sites. The material on those sites are solely the responsibility of those sites.

If you feel a link on a page at www.taphilo.com to another site is not appropriate feel free to send an e-mail to me with your concerns detailing the page on which the link exists, the link itself, and why the link to that external site should be removed. If I agree that the site linked to is no longer appropriate I will remove it.

All links pointing to an external site open up in a new browser window.

Linking To or Displaying Items From This Web Site

Search Engines and Archives

Companies such as search engines, web directories, non-profit indexing entities and other internet related indexing types of companies are allowed to link to individual pages and graphics as along as it is easily identifiable that the links or search results displayed, thumbnails of images, pages and other summary type information displayed is a result of a search query on this site and is part of this site while being displayed by a third party's service. These type of services are allowed to link to any and all pages, graphics within the site that has not been excluded by a robots.txt file on the site.

Deep Linking

Individuals who run their own company or personal site can also create a link that would take a viewer / bot directly to pages or graphics at any level within this web site that has not been excluded by a robots.txt file. This is defined as deep linking and is allowed.

Clear Labeling of Links

Companies, individuals, or bots (autonomous programs that index, and report back to a site not under my control) cannot used HTML or any current or future programming technologies to embed into their human or machine presentation page that presents to viewers, systems, technology devices any images, data, or text from this web site that would lead visitors or bots to conclude that those images are actually part of their web site.

If a site is granted to source text or images from www.taphilo.com or other sites owned by Tom Philo then the text, image, technology must clearly state that the items displayed are © and sourced from http://www.taphilo.com (or other DNS name as applicable) and are just being displayed on that site as a convenience for the viewer. Copyright of images is usually embedded in the images; a reference URL link back to my site is required. Text quotes require a note where it came from and reference back to the sourced site.

Advertising

Third Party Ads

Google

Some pages on the site has advertising displayed on them. The ads are provided by Google® and Amazon®.

The 4 item text display ads are processed and provided by Google using their "Ad Sense" program. Google is solely responsible for the picking the ads which are displayed on this site. Google, may, and likely does, track people clicking on the ads as a result of them being displayed on taphilo.com. The privacy policy of Google Inc. takes over in this case and should be consulted as to what information they track and what they do with this information.

Amazon

All Amazon ads are directly linked to Amazon's web system. Amazon ads when clicked open up a new browser window on Amazon.

Amazon ads are displayed "in stream" with the text of a page. Ad display code used and text is provided by Amazon who is solely responsible for the verbiage and graphic used in the ad. The Amazon hyper link displayed is directly related to what is being discussed in that paragraph / page. The ad always is directly relates to what is being presented.

“Tom Philo is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com."

When Ads Appear

Advertising appears only on pages where Tom Philo thinks there is a valid benefit to visitors who are reading that page in seeing them. Two examples are the battery cross-reference table, and the film cross-reference table. Ads concerning battery sellers is of value of people looking to find a replacement battery; on the film cross reference people wanting to purchase film would find those ads useful.

In no case will more than 20% of the total number of pages on the site have either Amazon or Google ads on them. As of February 2012 this means no more than 60 pages have advertising on them (this count includes the 13 History News pages.)

Unknown, Public Domain or Third Party Images

Any image, quoted articles, or other items displayed which are not owned by Tom Philo Photography has been labeled as to who the owner is when known. When the owner is not known then items are either distinctly labeled as such or left un-credited.

Copyright "Take Down" Policy

If anything on the web site infringes on a copyright notify TPP via e-mail with the URL, what image or text, audio item is being infringed upon along with reasonable supporting documentation and it will be taken down as soon as I can verify and do the work necessary.

Web User's use of Photos or other Material from Tom Philo's Web Site

Allowed Uses of Images

Personal

You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the web site solely for your personal non-commercial use. You may use an image from this site on your own PERSONAL web site as long as it is clearly stated where the image came from and a link back to this site is made from your personal web site.

Educational

Teachers and students in public or private schools can use material found on this site which I control and own the copyright to as long as credit is given to Tom Philo Photography when using images.

All other text material used as a reference in whole or in part requires that credit is given in an appropriate reference location within the presented material as to where the material was found.

Exception:

Any educational publication that charges money in order for the public to access it, or is sold to the public and / or students, then requires a license fee in order to use the photographs from this site.

Everything Else

Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of TPP1.

All users

You agree not to change or delete any proprietary or copyright notices from materials downloaded from the site.

Photographic Integrity

I subscribe to the ideals put forth by http://www.digitalcustom.com/howto/mediaguidelines.htm when working with images.

Copyrights in General

Congress has been continuously changing the length that a copyright exists often over the last 40 years. This increase has been in step as very large corporations have been able to send lobbyists to Congress just before copyrights on some very popular items were about to expire. See the US Government Copyright Office for complete details on rules regarding copyrights. Also look at the Wikipedia Copyright entry for a history.

The only items that have known expired copyrights in the USA are items published / created before 1923.

Though all owners of material benefit from holding copyrights, only those that have enough money to pay lawyers to enforce copyright infringement really benefit. If people steal images off my site I have almost no way of finding out that they are using it for commercial use. I grant internet users limited rights to use my images. I charge a very reasonable fee for commercial use of photographs.

The recent copyright rule changes allows individuals to own a copyright for life of the author plus 70 years. So for 70 years after they die their heirs will own all rights of use before it goes into the public domain.

For corporations, ownership now exists for 95 years (sometimes 120 years) after the item was created. In practical terms, this means not until 2017 will items created in the US (created after 1922) start to become free to use in the public domain.

Unlike patent law, in the USA you cannot lose your copyright rights. For works created after January 1, 1978, it's no longer even necessary for the copyright notice to appear on the work for it to be covered by copyright. The copyright is granted and renewed automatically.

Used to be you got a copyright for 28 years and then had to renew for an additional 28 years if you didn't want your work to fall into the public domain. After 56 years, it became public domain in almost every case.

The law has been revised significantly over the past 20 years or so.

As it stands, in the USA, for works created after January 1, 1978, the author is automatically granted copyright for the period of his/her life plus 70 years. For anonymous works and works created for hire, the copyright period is 95 years from first publication or 120 years from creation, whichever is shorter.

It is not necessary to register to obtain copyright protection, but there are additional legal remedies available to registered copyright holders in the event of a violation, so it's to one's benefit to formally register in most cases.

For works created prior to 1/1/1978 but never published or registered with the US copyright office, the term is now the same as for works created after 1/1/1978 -- life-plus-70 or 95/120 years, as applicable.

For works published between 1/1/64 and 1/1/78, the term of protection has been extended to 95 years from the date of publication. This is the original 28 year copyright term plus an extended renewal period of 67 years. The renewal is automatic; the copyright holder doesn't have to do anything to get it. As with registering the original copyright, however, there are some legal benefits that accrue to copyright holders who do take the trouble to actually renew their registration in the 28th year.

What this means is that, effectively, no work created or published after 1/1/1964 is in public domain in the USA, and none will be in public domain until 2059 at the earliest.

For works published prior to 1/1/1964, the original 28 year copyright with optional 28 year renewal still applies. If the copyright holder didn't renew, the work fell permanently into public domain at that time.

Works created or published between 1/1/1923 and 1/1/1964 may or may not be in public domain, depending on whether the copyright holder elected to renew the copyright during the 28th year of the original term. In actual practice, I've seen statistics that something over 90% of these works were not renewed, but one must check the copyright office records to be certain.

With very few exceptions, works copyrighted prior to 1/1/1923 in the USA are now in the public domain.

as summarized by 'Torka' on a Highrankings.com forum post.

Of course Congress can change the length that a person / corporation has complete copyright to works whenever it wants. This right to extend copyright time was upheld by the Supreme Court in January 2004.

The 1998 copyright law update called DMCA - Digital Millennium Copyright Act - was enacted due to a treaty that President Bill Clinton Signed which required the USA to align its laws with that of the treaty which was totally European in origin - which Congress had ratified and thus the USA was obligated to alter our laws to match.

Per the US Constitution, treaties signed and ratified TRUMP all existing laws which forces all the states and the Federal Government to alter laws to match a treaty.

Footnotes

TPP = Tom Philo Photography