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Copyright, 1999-2007 by Netpark (UK)
Ltd. All Rights Reserved.
Netpark is a trademark of Netpark Ltd in the UK.
Disclaimer:
The information contained in these pages is subject to change without notice and should
not be construed as a commitment by Netpark Ltd, it's agents or staff. While we endeavour
to ensure that these pages contain up-to-date and accurate information, the Bandanna Club
and Netpark Ltd can assume no responsibility for any informational inaccuracies that may
be exist within these pages.
The views expressed within these pages are those of the individual members/writers of the
Bandanna Club and are not necessarily views that are shared or endorsed by Netpark Ltd,
it's agents or staff.
Where links in this site lead to outside websites, the content of which is out of the
control of the Bandanna Club and Netpark Ltd. Such links are provided in good faith
and because they may be of interest, however linkage does not automatically indicate
an endorsement of products/services provided or opinions expressed by owners of exterior
websites.
Copyright:
ALL images / graphics and text contained in these pages are Copyrighted
by Netpark Ltd, unless another copyright holder or originator is specifically
mentioned in association with an image or text quote etc. Unauthorised
reproduction, copying, republication, passing onto third parties, amendment,
modification, long term storage (whether in paper or electronic form)
is expressly forbidden, without specific written permission from
Netpark Ltd.
Fair Dealing?
There has been a lot of information regarding 'Fair dealing' (UK law)
and 'Fair use' (US law) when it comes to using copyrighted works.
How do you know if fair dealing/use applies to your usage? The problem
is that there is no 'set ' list of conditions so you can say: yes I'm
definately exempt. Each case is judged on an individual basis according
to a general 4 point indicator and as such is often open to individual
interpretation by the courts. There are various factors which could swing
the judgement either way.
Also because of the
international scope of the internet, different laws may define your usage,
just because you may be a US based citizen doesn't mean you can
apply fair use laws to work produced by UK based artists/writers etc,
as they have their own different laws that are recognized / honoured by
the US. Fair use/dealing only applies in certain very succinct circumstances
- such as for educational institutions to supply material to students
for study purposes only and similar and even then there are limits/indications
as to what can be copied and how much/often etc. Even if you operate
a completely non profit operation you do not necessairly have an automatic
immunity from copyright litigation.
So copyrighted images cannot simply be copied and reused etc (ie by using
right-click) with inpugnity and the law therefore, still strongly protects
the intellectual property rights of those who actually create original
works. This is as it should be because, of course without such laws
there would be no reason or incentive for anyone to do create anything
original in the first place.
The fact is that those that correctly use the fair use/dealing laws to
proceed without undue harrassment from over zealous copyright holders
are never trully a problem. It is those who hide behind their idea
that this law is for their convenience (mostly because they are too lazy
to either source a free library of images which are in the public domain),
that have no idea of the law and have not researched the implications,
even if they strongly believe that they have a right to use copyrighted
images without permission it is only laziness which prevents them from
asking or providing proper creditation.
To be on the safe side, the best rule of thumb is always to assume
you need to ask permission (unless express permission is written into
the web page itself or the articles in question are definately in the
public domain). In many cases if you are a non-profit web site and have
no controversial content, then permission to reproduce (especially if
you provide a text link and a credit line with the image) will not be
terribly difficult to obtain.
Do NOT assume that
because items are published on a web site that they are fair game or belong
to the public domain, this is expressly NOT the case.
Copyright cannot be inferred or assumed; it can only
be given up if purposely and definately expressed by the original copyright
holder.
In certain cases
for old images, copyright may have run out (after 100 years), however
it is best never to assume an item is freely available for your use.
Also an important issue is the value of the item which is copied, an original
work of art may certainly be more protected than say an amateur quick
holiday snapshot, the value of the item is of note in determining whether
you can just copy it. Logos and trademarks may have other protection.
Terms of Usage:
As a visitor to the Bandanna Club you agree to view the web pages/graphics
(which may be automatically inserted into a temporary cache
by your browser) for your own information only. No part of this
website may be disseminated for use other than your own personal information
requirements. You agree that the information here is provided for
general interest only and does not form any contractural obligation on
the part of the Bandanna Club or Netpark Ltd to provide you with reliable
up-to-date or accurate information.
Linking:
Please do NOT link directly to any graphic, video or other non
web page format on our servers, unless you have express written permission from
Netpark Ltd to do so. The practise of direct linkage to an image for example is
called hotlinking.
Hotlinking brings up serveral issues, the most obvious is that of copyright infringement
(see above).
Direct linking uses up our bandwidth, which we pay for. Direct linking does not
circumvent the copyright law even though the original image is still on our servers,
because hotlinkers are still publishing the image within their web page and passing on a
copy to all their visitors ... none of whom will realise we are the creators of the image
or visit our site. It's like stealing our image, passing it off as yours then
forcing us to pay for your use without ever giving credit or doing us the courtesy of
simply asking permission and adding a link and/or credit to the photo/image.
If you wish to link to the bandanna club website pages themselves, please let us know and
we can look into exchanging links/banners. The Bandanna Club retains the right to
refuse to link to any website under the discretion of the Bandanna Club webmaster
(such as those that advocate pornography).
Protection:
Some of the graphics and images contained within these web pages have been digitally
"Watermarked" and can be tracked across the World-Wide-Web. Unauthorised use of
these images will be prosecuted under International Copyright law.
To obtain reproduction
/ copying permission of any graphic or text within this website, please
contact Netpark
(UK) Ltd.
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