Copyright & Release Form

["James Purchase" <jpurch@interlog.com>]

I've done some research into Copyright issues surrounding photographs and
what will be required to protect everyone's rights (the entrant, the
photographer, the AGA, us).

Under U.S. law, a work is copyrighted as soon as it is created.  No notice
is required to retain copyright.

The copyright owner is the person who legally owns the copyright to the
work. In the case of a photograph, this is normally the person who took the
photograph unless it was taken under a "work for hire" contract which
specifically gives the ownership of any work performed under the terms of
the contract to a third party. A full assignment of copyright must be in
writing, and signed; it can't be implied.

The law in other countries is very similar, if not identical to this.

A proper copyright notice consists of three things: 1) the letter "C" in
a circle (called, logically enough, the "copyright symbol"), or the word
"Copyright," or the abbreviation "Copr."; 2) the year of first
publication; 3) the name of the copyright owner.

In some countries, the only thing recognized is the "©" symbol; therefore,
that's the one I suggest that we use.

In most cases, the entrants will be the person who actually took the
photographs, but we cannot assume that this will be true in all cases. I
don't wish to scare potential entrants with a lot of legal mumbo jumbo, so I
propose to just ask for the name and signature of BOTH the entrant AND the
photographer.

Here's a draft of a "Release Form", which I think should be placed on the
web site and required for all images:
___________________________

Release Form (center this)

AGA International Aquascaping Showcase & Contest (center this)

Instructions: All images submitted to the AGA International Aquascaping
Showcase & Contest must be accompanied by a signed copy of this Release
Form. This form must be signed by the person submitting the images and by
the person who actually took the photographs.

The copyright of all images remains with the owner of the copyright. By
submitting images to the AGA International Aquascaping Showcase & Contest,
the entrant and/or the copyright owner gives the Aquatic Gardeners
Association the right to publish and/or display those images in any or all
of the following venues:

        * the AGA International Aquascaping Showcase & Contest web site;
        * the Aquatic Gardeners Association web site;
        * CD-ROM;
        * The Aquatic Gardener, the Journal of the Aquatic Gardeners 
Association;
        * various hobby related magazines.

The purpose(s) of all such publication of images shall be:

        * to illustrate and/or promote the aquascaping of aquariums;
        * to promote the AGA International Aquascaping Showcase & Contest;
        * to promote the Aquatic Gardeners Association.

In all cases of publication of images submitted to the AGA International
Aquascaping Showcase & Contest, the following Copyright Notice shall be
given:

"© 2000 [name of copyright owner]" (center this)

No other payment shall be made by the Aquatic Gardeners Association nor
requested by the entrant and/or the copyright owner for the use of images
submitted to the AGA International Aquascaping Showcase & Contest.

Publication of any images submitted to the AGA International Aquascaping
Showcase & Contest by the Aquatic Gardeners Association in no way infringes
upon or prevents any subsequent use of those images by the entrant and/or
the copyright owner.

By signing and submitting this form, you agree with the above terms of use.

Name of entrant: __________________________________________________ (please
print)

Name of photographer: _____________________________________________ (please
print)

Signed ________________________________________ (entrant)
___________________ (date)

Signed ___________________________________ (photographer)
___________________ (date)

__________________________________________

James Purchase
Toronto

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