Copyright Information
Terms
and Conditions
All rights to all images, music, sounds, and materials contained on this
site and/or disc (www.thinkingink.com 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.
Links
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.
Submissions
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.