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Copyright
A photograph is an original work fixed in a tangible means of expression and, as such, U.S. and international copyright laws protect it. The photographer owns the copyright, not the people featured in the image. If the photographer is deceased, the copyright probably belongs to his or her heirs or successors in interest. In order to submit an image for the getty.edu online photo album in the Julius Shulman's Los Angeles and Kids Off the Couch Web presentation, you need permission from the copyright owner. The permission should allow you to authorize the reproduction and distribution of the photograph in a digital format via the World Wide Web. If a family member or friend created the image, you need to get their permission; if that person is deceased, you need to get permission from their closest living relative (i.e., spouse, child, sibling). No photographer credits or copyright notices will be included on getty.edu.
Privacy
Living people have a right of privacy that protects them from invasions of their privacy and gives them the right to be left alone as well as the right to prohibit the commercial exploitation of their name, voice, and likeness. Some people may NOT want to have their photograph posted on the World Wide Web. Therefore, you need permission to post the image on the World Wide Web from all of the people in the photograph who are alive. Permission of the parent or guardian is required for minors.
Publicity
Deceased persons do not have a right of privacy, but people who were public or famous during life have a post mortem right of publicity. The Getty does not intend to use any of the submitted images for advertising purposes. Nevertheless, in order to avoid unnecessary problems, please do NOT submit a photograph that includes a person who was public or famous during his or her life.
Limitation on Liability and Remedy
The Getty's Web site is protected by copyright, however, you should anticipate that even though the Getty will NOT authorize the further reproduction and distribution of your photograph and text information, it might be copied and distributed by others either as a fair use or as an infringement of the copyright (i.e., without permission). The Getty is not able to control this and the Getty accepts no liability for and will not defend against any claims of copyright infringement or violations of the rights of privacy or publicity. As your sole and exclusive remedy, the Getty will remove your submitted image and text from getty.edu upon your written request.
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