MY POLICY, MY DISCLAIMERS & RIGHTS TO THE ARTWORK
My Policy:
Alterations, Adjustments, and Redoes:
When I have completed the portrait you have ordered, I will scan it into my
computer and then e-mail you an attached image of it to get your approval. If
changes or alterations are needed I will continue working on it to make those
adjustments. I do not charge extra for the first two adjustment sessions.
However, If I'm asked to make adjustments a third time I may charge anywhere
between $25.00 to $50.00, depending on the complexity and degree of those
alterations. However, if the adjustments are extremely minor, I may make the
adjustments for a third time free of charge. I will then e-mail you again for your
final approval.
Refunds:
If you are still not satisfied with the portrait I have made for you, I will send your
money back for a full refund, with the exception of any shipping and handling
costs you paid to have the photos sent to me--though this has never happened so
far. All my clients have reported complete satisfaction.
When I have completed the portrait you have ordered, I will scan it into my
computer and then e-mail you an attached image of it to get your approval. If
changes or alterations are needed I will continue working on it to make those
adjustments. I do not charge extra for the first two adjustment sessions.
However, If I'm asked to make adjustments a third time I may charge anywhere
between $25.00 to $50.00, depending on the complexity and degree of those
alterations. However, if the adjustments are extremely minor, I may make the
adjustments for a third time free of charge. I will then e-mail you again for your
final approval.
Refunds:
If you are still not satisfied with the portrait I have made for you, I will send your
money back for a full refund, with the exception of any shipping and handling
costs you paid to have the photos sent to me--though this has never happened so
far. All my clients have reported complete satisfaction.
Also, if you decide you don't like it after it has already been shipped to you, then
you have 30 days to return it. You will get a refund minus what it cost for me to
ship it to you and minus what it cost you to return it to me, but again, this has
never happened so far.
you have 30 days to return it. You will get a refund minus what it cost for me to
ship it to you and minus what it cost you to return it to me, but again, this has
never happened so far.
No refund will be given if the artwork, upon its arrival to me, is damaged in
some way beyond the point of easy repair.
some way beyond the point of easy repair.
Disclaimers:
I cannot be held responsible for any damage that may occur to your original
photos during transit--though I will take all the precautions possible to care for
your photos and to ensure their original condition they were in upon their arrival.
Be sure to read the section I have provided on my Photo Tips page which
advises you on ways to choose and protect your photos for mail handling and
delivery.
photos during transit--though I will take all the precautions possible to care for
your photos and to ensure their original condition they were in upon their arrival.
Be sure to read the section I have provided on my Photo Tips page which
advises you on ways to choose and protect your photos for mail handling and
delivery.
My Rights to the Artwork:
Copyrights
Copyrights refers to legal "Intellectual Property" rights. These rights are made
possible and are provided by our government in order to give the creator control of
that which is created. Though, not in the physical sense. Once you buy a physical
thing, such as an original painting, print, magazine, or some other physical thing
possessing a created image on it, you can do whatever you want with it regardless
of whether or not the created image on it is copyrighted, even destroy it! You just
can't sell or reproduce the "Intellectual Property" itself. The possession of the
physical art is another issue, separate from copyright laws. However, under
California state law, if one chooses to sell the actual physical painting and the price
goes beyond a certain limit, then the seller is required to pay the artist a resale
royalty or specified percentage of what the painting sold for--though most artwork
never reaches such a limit.
possible and are provided by our government in order to give the creator control of
that which is created. Though, not in the physical sense. Once you buy a physical
thing, such as an original painting, print, magazine, or some other physical thing
possessing a created image on it, you can do whatever you want with it regardless
of whether or not the created image on it is copyrighted, even destroy it! You just
can't sell or reproduce the "Intellectual Property" itself. The possession of the
physical art is another issue, separate from copyright laws. However, under
California state law, if one chooses to sell the actual physical painting and the price
goes beyond a certain limit, then the seller is required to pay the artist a resale
royalty or specified percentage of what the painting sold for--though most artwork
never reaches such a limit.
The following is a simplified version of current copyright laws for artists:
The copyright laws apply to all created artwork and/or created images unless a
written contractual agreement is made between artist and client explaining
otherwise.
Reproduction and Distribution Rights:
The artist holds the rights to reproduce the images he or she created and holds the
rights to the public distribution of those said reproductions, such as for advertising,
promotional displays, and/or any other use, without the clients permission.
The copyright laws apply to all created artwork and/or created images unless a
written contractual agreement is made between artist and client explaining
otherwise.
Reproduction and Distribution Rights:
The artist holds the rights to reproduce the images he or she created and holds the
rights to the public distribution of those said reproductions, such as for advertising,
promotional displays, and/or any other use, without the clients permission.
"Headlines" or Duration of the Copyrights:
The artist retains all copyrights to created artwork and/or images that he or she has
produced, and holds all rights of its reproduction from the time of creation to the
time of which 70 years after the artist's death has passed.
However, if necessary, any of these rights explained above can be wavered by the
artist by means of a written contractual agreement.
The artist retains all copyrights to created artwork and/or images that he or she has
produced, and holds all rights of its reproduction from the time of creation to the
time of which 70 years after the artist's death has passed.
However, if necessary, any of these rights explained above can be wavered by the
artist by means of a written contractual agreement.
I Don't Mind. I'm Flexible:
Don't get too worried about all these rights--I'm flexible! If you want to take
photos of the portrait I paint for you with a camera, xerox machine, or a scanner
for personal use, such as to show a friend, to add it to your web site, or create
fliers for a small business, I'm okay with it. I won't come knocking on your door
for royalties or law suits. The only time I would get interested or concerned with
your reproducing my artwork is if you begin to profit off it in some way, such as a
mass produced book you got published, or Hallmark card you designed, yet
incorporates my artwork in the design. Otherwise, don't worry about it.
Don't get too worried about all these rights--I'm flexible! If you want to take
photos of the portrait I paint for you with a camera, xerox machine, or a scanner
for personal use, such as to show a friend, to add it to your web site, or create
fliers for a small business, I'm okay with it. I won't come knocking on your door
for royalties or law suits. The only time I would get interested or concerned with
your reproducing my artwork is if you begin to profit off it in some way, such as a
mass produced book you got published, or Hallmark card you designed, yet
incorporates my artwork in the design. Otherwise, don't worry about it.
All artwork and/or images on the Swanson-Art web site by artist and illustrator Guy Swanson are
copyrighted, 2003. All rights reserved.
copyrighted, 2003. All rights reserved.
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