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Useful notes on my 'Privacy Policy' and my 'Terms of Use'.
PRIVACY POLICY
I like to be in contact with those who buy my work. However, all the contact details you
send me like name, address, e-mail and telephone number are kept secure. I'm not into sharing them in any way.
In drawn out terms (well I'm Artist - I can draw out anything), I should put it like this, even though
this sounds formal, regular and non-organic:
"We will not provide this information to a third party without your permission, except
as necessary to process your order and fulfil your requests unless it is enforceable by law"
TERMS OF USE
When I'm asked if one of my artworks can be used by someone for profit, I want to know the full details - I like my stuff to get out into the World but I need to benefit financially so I can fund the building of my
reputation. This way I can live, develop and produce more work, creating the images that capture the spirit, tickle the mind and look great. It's a neat plan and it's going to work - growing 'fame' takes a lot of hard
work but it consumes budgets as well.
In my "Terms of Use", I refer to 'Artist', 'Art Collection' and 'You' (whether you are an individual collector of my Art, a gallery or a company wishing to buy a
license to use one or more of my artworks.
"Artist" is me - the creator of the original artwork
"Art Collection" is the group / groups of artwork I have created.
"You" - well that's as mentioned above.
"Terms of Use" protect You and me (Artist)
"Terms of Use" clarify the terms under which the images I produce may be used. If you are buying one of my paintings and hanging it on your wall at
home it's fine and normal and thank you. However, if you want for example to sample a section of my artwork and use it as part of the design for a range of new curtains then you need to negotiate a 'License' with me or
my appointed representatives. Much of my 'Art Collection' lends itself to commercial use because apart from the artistic paintings I produce like Portraits and Landscapes, I also accept interesting commissions to create
corporate images and bespoke tattoo designs - both subjects of infinite possibilities as you can imagine!
My 'Terms' are legally binding. I am flexible and always prepared to consider additional 'Terms' and to
review your 'Terms'. If we are going to get along well then we are always going to work towards an agreement we both support.
I will email my full 'Terms' to you on request - they are not illustrated in full
colour (yet) so they looked a bit too stark and strange when cut and pasted here onto my Web Site.
There are a few 'Terms' that should be included here because some people may not be aware of the legal
position regarding images published on Web Sites such as this. These 'Terms' are general and most times they apply to almost every web site I've visited :
1. All images on Web Sites should be the sole, exclusive
and permanent property of the Web Site owner or the owner should have secured a written agreement licensing their use. It has become too easy to use screen captures and/or downloads so a lot of image producers display
small, low resolution thumbnails on their sites. I do the same which is tough for my work because I specialise in the detail and online at 72dpi it doesn't show too well ... all the more reason to catch up with my
Original Work when I've got a show on. Go to my What's On page to see my Event and Show Diary
2. If 'You' are running a web site to earn revenue, be this in money form or
favour, then you are trading and operating commercially. If you feel my Artwork can help and support your commercial progress in any way then email me and we'll work out a License together. Having me on your side and supporting 'You' is the best way forward. Get in contact with me and I can be thinking about your business in a creative way even over breakfast - working towards your future - creating images to WoW your market.
3. I can WoW your visitors as well if you are an individual Art Buyer, so commission me for something just right for that wall space. This is an advert (for me!) rather than a 'Term' but there are many people
who don't know an Artist and don't know how to approach one and on what terms. It is simple really as Artists like myself who are versed in Portrait Painting can create all manner of painterly canvases and through
chats, sketches and getting to know 'You', I can create a masterpiece ideal for your private display. When I am approached by someone wishing me to create an image that must impact on their market and produce sales, a
lot more of 'them' and a bit less of 'me' goes into the work because the central 'need' is to present and promote to gain revenue. I enjoy the challenge of producing stuff that is enjoyed and that works on many levels
for me.
Contact me - let's do 'image' together!
4. I need exposure! I best write that in a
different way. If you are purchasing my work I want to be credited alongside it for the hours, weeks and possibly months of long days, coffees and concentration I have put onto and into the canvas (or watercolour paper
or whatever) . No no no no ... don't worry, if I have designed you a logo or a tattoo I don't need it signed "Paul Day". But in the case of producing a catalogue that includes my work or printing a card of my
work, I want that exposé - I want my name out there, not tucked away as a subtle credit in fine print almost running off the edge of the page. You can do this for me in many ways:
a) A link to my web site is always useful (Thank you). b) Buy a License to use one of my Paintings Commercially c) Commission me on your project. Whatever way we work together, you'll be
getting an original Artwork by Paul Day - Art by Day - the Artist dreaming of becoming famous by Night. Remember, when I am Famous, that painting you bought from me might buy you your next holiday island in paradise.
One thing that I must have is my work credited when published in Magazines, Newspapers etc. You'll notice how photographers are always credited in Newspapers - how do they do this (?) Well I campaign for all
Artists, not only shutter junkies, for them to get credit where due. A load of effort goes into a painting so 'You' must include 'Copyright © 1994-2006 Paul Day' alongside ALL of my work. This 'Term' is not
negotiable.
5. Another thing I am 'anti' is when people slice, distort, twirl, re-colour balance or muck around with my images so I have a 'Term' saying "Don't". I know it is so easy with imaging filters to have
'fun'(?) with other people's Artworks but if people want to do this they should do it to their own paintings. I may be a bit like a top chef at a top restaurant that doesn't allow salt and pepper on the restaurant
tables because their cooking is 'just right' as it arrives .... but if I am, then so be it as I do spend an age making sure my images are their very best before selling them.
6. A good place to start for 'Terms'
if you are an Artist, Designer or fellow Creative soul and need to write your own is DACS at www.dacs.org.uk. The experts at DACS have seen it all and know their way around international law. The internet is however
regularly throwing up new challenges and through its Worldwide nature it causes the overlaps of legal situations in different countries to be examined, re-examined and re-defined over time.
7. You can stay on
the right side of the Law by getting in touch and asking image makers about using their images BEFORE you start. It is getting far easier that ever before to imbed code and undetectable markings into images used online
and then do a search to see who's using your images and check the results against issued paid up Licenses.
The best advice I can give is to take care and keep yourself in the clear when using images
produced by someone other than yourself. In the 'Terms' of many Image creators who publish their stuff online, the 'use' of an image outside a License Agreement is not only a legal violation but it comes at a price that
is automatically chargeable thus recoverable through the courts from the date at which the offence first occurred. So this means that the cash till is ticking from the first date of unlicensed image use to the date at
which the offence is discovered - an ongoing debt build up that takes many an amateur web site designer and web site owner by surprise and has bankrupted a few I hear.
8. We are all still learning the ropes as
they become more complex and I know that there are some web site designers, and some print publishers in some countries, that flaunt these Laws and should be brought to justice. However, I sometimes find people that are
unaware of the Law and if they have used images from my 'Art Collection' I ask for these to be removed from their site, giving them a day or two to comply. There are genuine mistakes that happen but there are also
genuine violations of my 'Terms' thus to be on the safe side, email me and make sure your use is subject to a signed hard copy Agreement, signed by me and witnessed.
I've looked at this issue till I am blue in
the face (Blue Man Festival idea?) so if I can be of any help to fellow artists or those wanting to license an Artist's work, email me and I'll see if I can answer your questions. But as I said before, the real
champions out there are DACS and I urge all fellow
creatives to join DACS for they have the time (and remit to themselves) to do all this legal stuff.
Cheers,
Paul
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