Copyright Information

Terms and Conditions
All rights to all images, music, sounds, and materials contained on this site and/or disc ( and/or Peter Thorsett Electronic Portfolio) are reserved. This site and/or disc, the images, sounds, music, and materials, contained herein, are protected by the Copyright Laws of the United States, 17 U.S.C. (symbol) 101, et. Seq., in addition to the right of Privacy and Publicity Laws of the United States and all Copyright Laws and other Laws of countries pursuant to the Berne Convention and International Law. None of these images, sounds, music, or materials may be reproduced or transmitted in whole or in part in any form, without prior written permission of Peter E. Thorsett and/or his authorized agents. Intentional violation of copyright holder's rights can lead to penalties of $100,000 plus attorney's fees. Any infringement will be prosecuted to the full extent of the Law. Loading or opening this site and/or disc, and/or acceptance of any marketing materials, mailing, catalog, and/or CD or sounds or music or images in any digital format from Peter E. Thorsett acknowledges your acceptance of the terms and conditions. If you do not wish to enter into this agreement, exit this site and/or eject the disc and return any materials to Peter E. Thorsett within ten (10) business days to the following address: Peter E. Thorsett, PO Box 620549, Charlotte, NC 28262, U.S.A. Failure to exit the site and/or disc, the portfolio environment interface, or return all materials will result in your being bound by these terms and conditions.

Responsibility for Use
When accessing the site and/or disc, recipient agrees that the music, sounds, images, text, and/or other materials are for their sole, private use and are not to be used, played, or otherwise distributed in the public domain without the prior written consent of Peter E. Thorsett and/or his authorized agents, and/or the producer of the work. Recipient agrees not to use, nor will Peter E. Thorsett agree to accept the use of any materials obtained from this site in any defamatory or obscene manner either by physical changes or by accompanying text. Recipient agrees to indemnify and defend Peter E. Thorsett from and against all damages, including all reasonable attorney's fees, resulting from Recipient's use of the materials, if used without prior written agreement.

Copyright Law
Copyright Law is very complex and often confusing. It also has different characteristics in different countries. It is not Peter E. Thorsett's intention to give legal advice (only a copyright attorney can do that) but rather to give some general information regarding copyright, as it relates to the use of this website and the materials contained herein, as we understand it.

Copyright Act of 1976
Works created after January 1, 1978
Pursuant to the 1976 Act, all works created after January 1, 1978 are afforded a term of statutory copyright beginning at the work's creation and enduring for the life of the author plus fifty years after his death. 17 U.S.C. §302(a). The 1976 Act further provides that a work is "created" so as to begin the term of statutory copyright when it is fixed in tangible form under the authority of the author for the first time, regardless of whether the work is registered with the Copyright Office. 17 U.S.C. § 101. The basic term of the author plus fifty years is equally applicable to unpublished and published works. A work made for hire, if created on or after January 1, 1978, is afforded a term of 75 years from the date of first publication or a term of 100 years from its creation, whichever expires first. 17 U.S.C. § 302(c). In such a case, the employer for whom the work was prepared is deemed the author. 17 U.S.C. § 201(b).

Works created prior to January 1, 1978
On January 1, 1978, when the 1976 Act became effective, common law copyright as to nearly all works terminated by reason of federal pre-emption. Prior to that date, common law copyright existed in a work from the moment of creation and continued until the work was published or registered with the Copyright Office as an unpublished work - at which point the work obtained statutory copyright. All works which obtained statutory copyright prior to January 1, 1978 (and which did not lapse into the public domain through expiration of its term of copyright) were protected for an initial copyright term of 28 years commencing upon the date that statutory copyright was originally secured. Under the Copyright Act of 1909, such works were entitled to a renewal term of an additional 28 years if an application for renewal registration was submitted to the Copyright Office within one year prior to the expiration of the original term. 17 U.S.C. § 24 (1909 Act). The 1976 Act extended the renewal term (but not the first term) by an additional 19 years so that the renewal term is now 47 years rather than 28 years. A work, which, as of January 1, had already begun its renewal term thus, became entitled to an additional 19 years of protection or a total of 75 years from the time the first term copyright was secured. This renewal period is applicable only to works that were protected by statutory copyright prior to January 1, 1978 and had not entered into public domain due to the expiration of the initial term without submission of a renewal registration to the Copyright Office.

The Berne Copyright Convention
The Berne Convention was established in 1886, and is the world's oldest international copyright treaty. The United States did not become a member until March 1, 1989, although it had been part of the Universal Copyright Convention (UCC) since 1954. The Berne Convention's copyright treaty had been signed by 96 countries, and all the member nations are required to provide the same copyright protection to all nationals in all the member nations. This treaty is much broader in scope and offers far more protection than the UCC. The United States Congress amended the Copyright Act in order to comply with the terms of the Berne Convention. It was no longer necessary to register a work with the US Copyright Office in order to receive protection from infringement. There is still a catch. Creators from other member nations can initiate litigation in the US without having registered the work. However, U.S. creators must attempt registration before commencing litigation. There is an incentive for U.S. creators to register, which is that Congress doubled the level of statutory damages, which the copyright owner may recover for registered works. The creator does not need to prove that the violator made profits or that economic injury was caused to the creator. Statutory damages were increased from $50,000 to $100,000. In most cases, an U.S. plaintiff will not be rewarded these damages or attorney's fees unless the work was registered before the infringement was committed. The Berne Convention has eliminated the requirement that a published work contain a copyright notice. This is true for any work that is created in any of the member nations. It is still a good idea to include this notice, so that a violator can not claim "innocent infringement."

Right of Publicity
The right of publicity enables a person to prevent others from exploiting his or her name, likeness, voice, etc. without permission or authorization. There is no Federal statute or uniform state law that governs the right of publicity, so every state is different. For example, in Utah, only a person's likeness is protected and it is only while they are alive, while in California the likeness and photographs are protected for 50 years after death. In all states the likeness of a newsworthy person for non-commercial purposes, such as a news feature or a history book, is unrestricted.

Right of Privacy
Like the right of publicity, the right of privacy also differs from state to state. Essentially it is the right that individuals have to prevent unwanted exposure of their private life. This is why model releases and in some cases even property releases are needed when using an image for commercial purposes.

Derivative Works
Derivative works take someone else's creation and adapts or transforms it in some way. If a derivative work is based on a copyrighted work, permission from the original copyright holder must be obtained. If the new work is not authorized, then it is in violation of copyright. In some cases a derivative work may be eligible for a new copyright, but only the new original elements are covered.

Terms of Use
Please read these Terms Of Use carefully before using this site. By using this site, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site and/or disc. Peter E. Thorsett ("Thorsett") reserves the right, in his sole site and/or discretion, to modify, alter or otherwise update these Terms Of Use at any time. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Thorsett retains the right to deny access to anyone who we believe has violated any of these Terms of Use.

This site and/or disc may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Peter E. Thorsett is not responsible for the content of the Linked Sites, whether or not Thorsett is affiliated with sponsors of the sites. Thorsett does not in any way endorse the Linked Sites. Thorsett welcomes links to his site and site and/or disc. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Thorsett. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Thorsett site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another web site any of the content or other materials on the Thorsett site without prior written consent.

Any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will become the property of Thorsett throughout the universe. Thorsett shall be entitled, consistent with our policies regarding privacy, to use the material or any of its elements for any type of use forever, including in any media whether now known or hereafter devised. When you submit material to Thorsett's web site, you agree that Thorsett has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to Thorsett's policies regarding privacy.

Forums and Chat Rooms
Thorsett may from time to time host bulletin boards, chat rooms, forums or other public posting areas ("Forums"). The information and opinions expressed in Bulletin Boards, Chat Rooms, or other Forums are not necessarily those of Thorsett or its affiliated or related entities or content providers. Thorsett makes no representations or warranties regarding information or opinions that appear in the Forums, and does not endorse or guarantee the accuracy of any posting. Thorsett assumes no obligation to monitor the Forums or to delete or edit any postings. However, Thorsett reserves the right to delete, move, or edit any postings that we consider illegal, inappropriate, or otherwise inappropriate. By using Thorsett's web site, you agree that you will not submit or otherwise publish through the Forums any content which: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify Thorsett from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

Warranty and Liability
The materials on Thorsett's web site are provided "as is" and without warranties of any kind either express or implied. Thorsett site and/or disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Neither Thorsett, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of Thorsett's web site warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Thorsett or the server that makes them available are free of viruses or other harmful components. The material that you read on Thorsett's web site is provided solely for entertainment and promotional purposes. Thorsett does not warrant or make any representations regarding the use or the results of the use of the materials in Thorsett's web site in terms of their correctness, accuracy, reliability, or otherwise. You expressly agree that use of the Thorsett site is at your sole risk. You (and not Thorsett) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither Thorsett, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of Thorsett's web site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other Thorsett web site. By way of example, and without limiting the generality of the foregoing, Thorsett and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that Thorsett is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

Jurisdictional Issues
Unless otherwise specified, the materials in the Thorsett web site is presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site and site and/or disc is controlled, distributed, and operated by Thorsett from his offices within the State of North Carolina, United States of America. Thorsett makes no representation that materials in Thorsett's web site or site and/or disc is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Thorsett bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Mecklenburg County, North Carolina, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Peter E. Thorsett and/or his authorized agent.


This page last updated: April 28, 2010
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