This privacy notice for Capture Of Light ("Company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you:

 Visit our website here, or any website of ours that links to this privacy notice

 Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies or website terms and agreements, please do not use our Services. If you still have any questions or concerns, please contact us here.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Capture Of Light and the Services, the choices you make, and the products and features you use. Click here to learn more.

Do we process any sensitive personal information? We may process sensitive personal information, when necessary, with your consent or as otherwise permitted by applicable law. Click here to learn more.

Do you receive any information from third parties? We do not receive any information from third parties.

How do you process my information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Click here to learn more.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Click here to learn more.

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Click here to learn more.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Click here to learn more.

How do I exercise my rights? The easiest way to exercise your rights is by filling out our data subject request form available here, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what Capture Of Light does with any information we collect? Click here to review the notice in full.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW LONG DO WE KEEP YOUR INFORMATION?

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

7. DO WE COLLECT INFORMATION FROM MINORS?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO WE MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

 names

 phone numbers

 email addresses

 contact or authentication data

 debit/credit card numbers

 shipping information

Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:

 financial data

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Square. You may find their privacy notice link(s) here: Privacy Policy for Users Who Apply or Sign Up for a Square Account (squareup.com) .

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

 To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.

 To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.

 To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.

 To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

 Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than 90 days.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data, we may have collected from children under age 18, please contact us here.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

We may also collect other personal information outside of these categories instances where you interact with us in person, online, or by phone or mail in the context of:

 Receiving help through our customer support channels;

 Participation in customer surveys or contests; and

 Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email here, by texting toll-free here, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

Capture Of Light has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Capture Of Light will not sell personal information in the future belonging to website visitors, users, and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know

Depending on the circumstances, you have a right to know:

 whether we collect and use your personal information;

 the categories of personal information that we collect;

 the purposes for which the collected personal information is used;

 whether we sell your personal information to third parties;

 the categories of personal information that we sold or disclosed for a business purpose;

 the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

 the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

 You may object to the processing of your personal information.

 You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.

 You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.

 You may request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

To exercise these rights, you can contact us by email here, by calling toll-free at here, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us here.

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here.

Special Note on Authenticity

Capture Of Light prohibits the sale of counterfeit media productions and complies with all applicable laws pertaining to the trafficking of counterfeit products. If Capture Of Light cannot verify the authenticity of an item in your Clean Out Bag, it will not be listed regardless of its condition. Please see our Acceptance and Quality Standards.

[Terms-Of Service] [FAQs]

Terms and Agreements

By using Capture Of Light services you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

You must be 18 years or older to message us on our social media platforms including, text and Email.

You may not send us nude, partially nude, or sexually suggestive photos.

You are responsible for any activity that occurs under your screen name pertaining such copyrighted content under this page.

You are responsible for infringements that don’t claim to our copyright notice policies.

You must not abuse, harass, threaten, impersonate or intimidate us in our page comments or private messaging.

You may not send subjective content under our page containing any illegal or unauthorized content. International users agree to comply with all local laws regarding online conduct and acceptable content. [privacy policy]

You must not modify, adapt or hack under our page or modify another website so as to falsely imply that it is associated with our website.

You must not crawl, scrape, or otherwise cache “DELETE” any content from your social media conversations with us.

You must not submit emails or comments even private messages to any of our social media platforms pertaining ("Spam"). or mobile messaging services.

You must not transmit any worms or viruses or any code of a destructive nature.

You must not, in the use of Capture Of Light , violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your social media account, or mobile number. Therefore, you will be blocked and email with a statement from the local copyright office.

General Conditions

We reserve the right to modify or terminate such services for any reason, without notice at any time.

We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail or private message, according to the preference expressed on our account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

We reserve the right to reclaim users on the behalf of businesses or individuals that hold legal claim or trademark under the consent of Capture Of Light services.

Messaging us within Social Media

1. We are currently not responding to promotional messages such as paid sponsorships and collaborations. For the reason of this we take partnerships seriously as it can lead to fraudulent acts and your advertisement messages could pertain the following.

- False advertising

- False Information

- Fraudulent inquiry’s

- Pornographically irrelevant messages that lead to unsecure links.

Our Agreement.

The basis for copyright protection in the United States is the Copyright Act -Title 17 of the United States Code. Section 102 of the Act protects “original works of authorship” that are “fixed in a tangible medium.” Photographs and other forms of visual images are protected under Section 102(5) of the Act, which refers to “pictorial, graphic, and sculptural works.” A copyright holder in a photograph is afforded a package of exclusive rights under Section 106 including reproduction rights, adaptation (derivative) rights, distribution rights and public performance and display rights.

Copyright Notice

The copyright notice is visible to each and every customer of Capture of Light, in-signatured with a faint print imbedded in our works of art. This copyright notice is to be placed at a visible point to the customer which purchases it, located on the bottom right-hand corner.

Duration of Copyright

The copyright duration withstands on the services of the united states copyright office located at, 101 Independence Ave, SE, Washington, DC 20559 and disclosed to the public unless an order of law is permissible.

Copyright Owner?

Legal contribution holds towards the CEO and founder of capture of light due by name Caleb A. Czeropski .

Notice and Take Downs

Information_ The DMCA is also a powerful tool to curb copyright infringement on the Internet. Internet service providers (“ISP”) lobbied hard for a limitation of liability from copyright infringement actions, arguing that it was impossible to monitor the web. A service provider is defined as "an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received." A "service provider" under the law is anyone who provides online service or network access, operates a facility that provides network access, or transmits, routes or provides connections for digital online communications between or among specified users, of unmodified materials of the users choosing.

A compromise was struck that gave an ISP a safe harbor from liability if they followed certain procedures and guidelines under Section 512 of the Copyright Act and the ISP falls within one of these four enumerated categories.

1) the provider merely acts as a data conduit, transmitting digital information from one point on a network to another at someone else's request (Section 512(a)); 2) the provider regularly retains copies, for a limited time, of material that has been made available online by a person other than the provider, and then subsequently transmits them to a subscriber at his or her direction (Section 512(b)); 3) the provider has infringing materials on websites hosted on their systems (Section 512(c)); or

4) the provider refers or links users to a site that contains infringing material (Section 512(d)).

Local copyright information

However, an ISP must fulfill conditions for immunity. First, the provider must not have actual or circumstantial evidence of the infringing activity. Second, the provider must not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity. Upon receiving proper notification of claimed infringement, the provider must expeditiously take down or block access to the material. In addition, upon notification of claimed infringement, the provider must respond expeditiously to remove, or disable access to the infringing material. If the provider does not violate any of these conditions and has in addition filed with the Copyright Office a designation of an agent to receive notifications of claimed infringement, then no monetary damages or injunctive relief may be ordered against the ISP.

It is important, however, for the copyright owner to provide proper notification of the infringement. Notice must be in written form, including a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that has been allegedly infringed, provided to the designated ISP agent, and must include a specified amount of information, including identifications of the copyrighted work and the infringing work, contact information for the complaining party (address, telephone number, e-mail address), and the location of the infringing work. The complaining party must include a statement that it has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. Whether the use may be fair use should be considered as well. A second statement is also required that information provided in the notification is accurate and, under penalty of law, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

To prevent fraudulent notification, the subscriber may file a counter-notification. The counter notice must contain a physical or electronic signature of the subscriber. It must also include identification of the material that has been removed, or access denied and the location of where the information appeared before it was removed or disabled as well as the standard statement under the penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material to be removed. Finally, the counter notice should state the subscriber's name, address and telephone number and a statement that the subscriber consents to jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber is outside the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person or its agent who provided the initial notification. If the counter-notification states that the infringing work was removed because of mistake or misidentification, the provider can put up the work again within 10 to 14 business days, unless you, as the copyright owner, file an action seeking a court order against the subscriber. The procedures for notice and counter notice are available on many websites, and some ISPs, including Google have specific forms users can complete.

The DMCA is meant to protect service providers that merely post websites without any knowledge or control of the contents. It also provides an efficient way for an owner of copyrighted work to have the work removed without any legal action, if no counter-notice is sent. Counter notices are rare, particularly if the work was posted without permission. Many complain that the burden for copyright owners to monitor sites under the DMCA is unreasonable as sites are not required to monitor for infringing works, and popular entertainment works are often reposted even after removal. Whether sites qualify for the DMCA safe harbor is still the subject of litigation in the U.S.

[Disclaimer: Copyright law in the US is complex, a mixture of federal statute and case law interpretation. One chapter cannot summarize all the issues and this chapter should not substitute for seeking competent legal advice. Many questions regarding the federal statute can be answered on the copyright office website.]

COPYRIGHTED MATERIALS AND THE FOIA One of the most difficult business-related issues to arise under the Freedom of Information Act is the proper treatment of copyrighted materials that are maintained by federal agencies. Such materials can come into an agency's possession in a variety of ways, including under the conditions of federal grants, pursuant to federal regulatory requirements, and even through unsolicited submissions. The question of their protected status can arise in processing any FOIA access request which encompasses a copyrighted record, or even possibly in a "reverse" FOIA context in which an objection to disclosure is raised by a copyright holder. As neither the FOIA nor the Copyright Act expressly addresses whether agencies must disclose a copyrighted record within the scope of a FOIA request, the design and purposes of both statutes must be considered in resolving this question.

THE COPYRIGHT ACT OF 1976 The Copyright Act of 1976, 17 U.S.C. §§ 101,et seq., essentially grants the holder of a copyright an exclusive right to reproduce and distribute copies of his work. See 17 U.S.C. § 106. Under the Act as revised in 1976, this protection attaches automatically as soon as the work is "fixed" in any tangible medium; neither registration nor any type of designation or notice is necessary to trigger it. See 17 U.S.C. §§ 102, 405, 408. Thus, the potential for copyright protection exists in virtually every original work of authorship. Despite this sweeping grant of copyright entitlement, however, the revised Copyright Act specifically codifies the common law doctrine of "fair use," which permits the reproduction of copyrighted materials "for purposes such as criticism, comment, news reporting, teaching . . . scholarship, or research" without liability for infringement. 17 U.S.C. § 107.

THE COPYRIGHT ACT AND THE FOIA Although at first glance it might appear that the Copyright Act and the FOIA do not even deal with the same thing, they do potentially conflict. The Copyright Act regulates only the reproduction and distribution of documents, not access to them; it even provides for full public inspection of any copyrighted work registered and deposited with the Copyright Office. See 17 U.S.C. § 705(b). Yet the FOIA specifically contemplates document reproduction as a means of effectuating public access, see 5 U.S.C. § 552(a)(4)(A), and plainly requires more than mere document inspection. See, e.g., Perry v. Block, 684 F.2d 121, 124 n.14 (D.C. Cir. 1982). Thus, federal agencies are in the difficult position of being subject to potentially conflicting legal obligations: compliance with the FOIA on the one hand, and noninfringement of the rights of copyright holders on the other. See Weisberg v. Department of Justice, 631 F.2d 824, 830 & n.39 (D.C. Cir. 1980). Of course, it should be noted as a threshold matter that the mere fact that a record is copyrighted does not perse remove it from "agency record" status under the FOIA. The U.S. Court of Appeals for the D.C. Circuit flatly rejected such a notion in Weisberg v. Department of Justice, 631 F.2d at 827-28, in which it held that copyrighted photographs of the scene of Dr. Martin Luther King's assassination kept by the FBI were indeed "agency records" subject to FOIA disclosure. To be sure, it remains possible that the circumstances surrounding an agency's custody of a copyrighted document might amount to sufficient lack of "possession" or "control" to support an argument in a particular case that the document is not an "agency record." See generally Paisley v. CIA, 712 F.2d 686, 692-94 (D.C. Cir. 1983); Wolfe v. HHS, 711 F.2d 1077, 1079-82 (D.C. Cir. 1983). But absent any such special circumstances, a copyrighted document must be regarded as an "agency record" and the resolution of the problem must be found within the FOIA's exemptions.

EXEMPTION 3

The first FOIA exemption logically to be considered on this Issue is Exemption 3, which applies to records "specifically exempted from disclosure by statute . . . provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld." 5 U.S.C. § 552(b)(3), as amended. In order to qualify for Exemption 3 protection, though, a statute must be an "explicit nondisclosure" statute. Irons & Sears v. Dann, 606 F.2d 1215, 1220 (D.C. Cir. 1979), cert. denied, 444 U.S. 1075 (1980). On its face, the Copyright Act simply cannot be considered a "nondisclosure" statute, especially in light of its provision permitting full public inspection of registered copyrighted documents at the Copyright Office. See 17 U.S.C. § 705(b). Indeed, there is nothing whatsoever in the statute or its legislative history to suggest that Congress intended it to trigger Exemption 3. To the contrary, a special provision of the Copyright Act, 17 U.S.C. § 701(d), specifically excludes from FOIA access all registered documents deposited with the Copyright Office -- but only those copyrighted documents -- which indicates a recognition by Congress that the Copyright Act does not operate as an Exemption 3 statute, because such special protection for deposit copies of copyrighted documents in the Copyright Office would otherwise be unnecessary. Indeed, in the only two cases to have raised the issue it has readily been held that the Copyright Act is not an Exemption 3 statute. See St. Paul's Benevolent Educational & Missionary Institute v. United States, 506 F. Supp. 822, 830 (N.D. Ga. 1980); Weisberg v. Department of Justice, Civil No. 75-1996, slip op. at 5-6 (D.D.C. Feb. 9, 1978), aff'd in part, vacated in part & remanded, 631 F.2d 824 (D.C. Cir. 1980).

EXEMPTION 4

The only appropriate approach for protecting copyrighted documents under the FOIA is through the application of Exemption 4, which protects "trade secrets and commercial or financial information obtained from a person and privileged or confidential." 5 U.S.C. § 552(b)(4). Quite often, a copyrighted document can properly be regarded as consisting in whole or in part of "trade secret" material under the definition of that term, see, e.g., Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1288 (D.C. Cir. 1983), and can be withheld on that basis. In all other instances, it should be determined whether all or any portion of a copyrighted document can be withheld as exempt under the remaining part of Exemption 4. This requires an analysis of the "commercial value" of the work and the effect that FOIA disclosure would likely have on the copyright holder's potential market.(*)

Conducting such an analysis under Exemption 4 fully comports with the principles and standards of the Copyright Act. The commercial nature of copyrighted works is fully recognized in the current Copyright Act, in which the copyright holder is given the exclusive right to disseminate his work by sale, lease or rental. See 17 U.S.C. § 106. Indeed, the need for protection of the holder's potential market is specifically included as one of the factors governing the "fair use" doctrine. See 17 U.S.C. § 107(4). Additionally, the term "commercial" in the context of Exemption 4 has been interpreted to include all information "pertaining or relating to or dealing with commerce." American Airlines, Inc. v. National Mediation Board, 588 F.2d 863, 870 (2d Cir. 1978). Commercially valuable copyrighted works plainly pertain to commerce and thus logically satisfy this requirement of Exemption 4.

ADVERSE MARKET EFFECT

The most commonly dispositive requisite of Exemption 4 -- a showing of competitive harm necessary to satisfy the exemption's confidentiality requirement under the prevailing standard of National Parks & Conservation Association v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974)--should be met whenever it is determined that the copyright holder's market for his work would likely be adversely affected by FOIA disclosure. The fact that the work can be acquired elsewhere, albeit at some cost (e.g., by purchase, directly or indirectly, from the copyright holder) should not render it "nonconfidential" under Exemption 4. Indeed, in Worthington Compressors, Inc. v. Costle, 662 F.2d 45 (D.C. Cir. 1981), it was held that when requested information is available elsewhere through some means other than the FOIA, the inquiry as to confidentiality under Exemption 4 must "be expanded to include two considerations: (1) the commercial value of the requested information. and (2) the cost of acquiring the information through other means." 662 F.2d at 51 (emphasis in original). The D.C. Circuit reasoned that where a commercially valuable document can be acquired elsewhere "only at considerable cost," agency disclosure at mere FOIA duplication costs could easily cause competitive harm to the submitter. Id. Providing requesters with such "bargains," at the expense of a copyright holder, was certainly not a result contemplated by Congress when enacting the FOIA. Cf. id.

To date, there has been scant judicial authority addressing the status of copyrighted documents under the FOIA and the district court decision in Weisberg v. Department of Justice, supra, is the only opinion to have considered Exemption 4 protection for such a document. The district judge there found, based upon a perfunctory and somewhat questionable analysis, that the requirements of Exemption 4 were not met for the copyrighted photographs at issue there because they were not considered confidential commercial or financial information. See slip op. at 6-7. (That portion of the district judge's opinion was subsequently vacated on appeal on procedural grounds. See 631 F.2d at 831.) As one commentator has suggested, though, such a result seems nonetheless to have been correct in that particular case because the photographs actually had "little commercial value to the copyright holder." Note, The Applicability of the Freedom of Information Act's Disclosure Requirements to Intellectual Property, 57 Notre Dame Lawyer 561, 577 (1982); see also id. at 573 & n.96. In fact, after the court of appeals remanded the Weisberg case in order that the copyright holder might assert any substantial commercial interest, see 631 F.2d at 829-30, the copyright holder did not do so.

Thus, Exemption 4 stands as a viable means of protecting commercially valuable copyrighted works where FOIA disclosure would have a substantial adverse effect on the copyright holder's potential market. Such use of Exemption 4 is fully consonant with its broad purpose of protecting the commercial interests of those who submit information to the government. See National Parks & Conservation Association v. Morton, 498 F.2d at 769. Moreover, as has been suggested, where FOIA disclosure would have an adverse impact on "the potential market for or value of [a] copyrighted work," 17 U.S.C. § 107(4), Exemption 4 and the Copyright Act actually embody virtually congruent protection, because such an adverse economic effect will almost always preclude a "fair use" copyright defense. See 57 Notre Dame Lawyer at 577-78. Thus, Exemption 4 should protect such materials in the same instances in which copyright infringement would be found. (**)

"FAIR USE"

Where it is found that disclosure of a copyrighted document would not have a substantial adverse effect on the copyright holder's potential market, rendering Exemption 4 inapplicable, several considerations strongly compel the conclusion that its release pursuant to the FOIA would not subject the government to liability for copyright infringement. As a threshold matter, the courts have over the years placed a "judicial gloss" on the Copyright Act to generally preclude copyright status for works embodying statutes, opinions, and regulatory matters, based upon the general principle that such governmental matters should properly be in the public domain. See, e.g., Building Officials & Code Administrators International, Inc. v. Code Technology, Inc., 628 F.2d 730, 734-35 (1st Cir. 1980). Additionally, the overriding consideration in determining that a particular use is a "fair use" under the Copyright Act, and thus not a copyright infringement, is the public interest in unrestricted access to the information. See A. Latman & R. Gorman, Copyright for the Eighties 473 (1981); see also Rosemont Enterprises, Inc. v. Random House, Inc., 366 F.2d 303, 309 (2d Cir. 1966), cert. denied, 385 U.S. 1009 (1967). Given that the FOIA is designed to serve the public interest in access to information maintained by the government, see, e.g., NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 242 (1978), disclosure of nonexempt copyrighted documents under the FOIA should be considered a "fair use."

In fact, reproduction of a copyrighted document by a government entity for a purpose that is not "commercially exploitive of the copyright holder's market," such as copying a work to use as evidence in a judicial proceeding, has been held to constitute a "fair use." Jartech, Inc. v. Clancy, 666 F.2d 403, 407 (9th Cir.), cert. denied, 103 S. Ct. 58 (1982). Indeed, the leading commentator on copyright law has found it "inconceivable that any court would hold such reproduction to constitute infringement." 3 M. Nimmer, Nimmer on Copyright § 13.05[D][2] (1983). In the FOIA context, because reproduction is mandated by law and serves to inform the public of the operation of government, it should similarly be unlikely that a court would find the disclosure of nonexempt information to constitute an infringement.

CONCLUSION

In sum, agencies should carefully examine all copyrighted materials encompassed within FOIA requests to determine whether they qualify for Exemption 4 protection as set forth above. As for those copyrighted materials to which Exemption 4 is inapplicable, the position of the Department of Justice is that the release of such materials under the FOIA is a defensible "fair use."

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* Such an analysis can be aided considerably (or in some instances even rendered unnecessary) by the copyright holder's own statement of the value of his work and the nature of the relevant market. Affording the submitter of a copyrighted document the opportunity to make such a statement in objection to disclosure is also good policy and should be done wherever reasonably possible. See FOIA Update, June 1982, at. 3

** In some circumstances, a FOIA requester denied access to a copyrighted document under Exemption 4 might seek to have an agency afford him non-FOIA access on the grounds that the document is publicly available elsewhere and that he wishes simply to inspect it at the agency as a matter of convenience. In such a case (or where the agency wishes to do so on its own initiative), an agency may, as a matter of administrative discretion, permit inspection but not duplication of the document, provided that the document is proven to be publicly available (e.g., at a library or the Copyright Office).

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Special Note on Authenticity

Capture Of Light prohibits the sale of counterfeit media productions and complies with all applicable laws pertaining to the trafficking of counterfeit products. If Capture Of Light  cannot verify the authenticity of an item in your Clean Out Bag, it will not be listed regardless of its condition. Please see our Acceptance and Quality Standards.

Purpose of the Agreement

1. Capture Of Light LLC has agreed to work together to promote. This agreement describes their understandings and commitments to this collaborative effort.

Scope and Duration:

2. Capture Of Light will work together your company to engage, promote and assign in any social media activities. This agreement will guide the collaboration for the period beginning _______ and ending ________. The scope and duration of the collaboration may be amended and/or extended through the joint agreement of your company to amend to this agreement.

Decision-making structure & authority:

3. All significant decisions regarding the collaboration will require agreement by our board of administration and collaborative partners. Significant decisions will include decisions regarding eligibility for services provided through collaboration, the nature of the services to be provided, and decisions regarding seeking and using funding to carry out collaboration activities.

Our CEO (chief executive officer) will each identify one person within their own organization to serve on the Leadership Committee for the collaboration. Each member of the Leadership Committee will be authorized to represent their organization in joint collaborative decision-making. Each organization will be responsible for ensuring that the person granted authority to represent their organization is kept informed regarding the operation of the collaboration and the identification of issues for joint discussion. Each participating organization will make all parties to the collaboration aware of any limits in the authority of their representative to bind their organization to collaborative decisions and will establish a clear process for their representative to use to become fully capable of committing the organization.

The Leadership Committee will agree upon an effective structure for operational management of collaborative activities and efforts. Each member of the Leadership Committee will keep their organization informed of collaborative progress and actively seek feedback regarding the collaboration from within their organization. Leadership Committee members will regularly discuss the progress of the collaborative effort and regularly share feedback from their respective organizations in order to ensure clear communication, issue identification, and problem resolution.

Legal & financial structure:

4. Option 1: no direct funding of the collaborative

Our management team will assign employees of their respective organizations to carry out the work of the collaboration. Each employee assigned to work with the collaboration will continue to function as an employee of the organization making the assignment. While our chief executive officer will retain authority for hiring, performance review, and termination for each of their employees, each organization agrees to seek feedback from the other participating organizations regarding the selection and evaluation of staff assigned to collaborative activities. The supervisors and managers will provide effective supervision for both staff and volunteers which they assign to collaborative activities.

Our chief finanical officer will each retain responsibility and liability for the actions of their staff and volunteers.

Option 2: funding is sought and received for the collaboration with Capture Of Light agreeing that your company will serve as lead agency for the purposes of seeking, receiving, and managing funding for collaborative activities. Capture Of Light agrees that all applications for funding will be approved through the collaboration joint decision making process. Capture Of Light further agrees that if proposals for collaborative funding are only partially funded, the Leadership Committee of the collaboration will determine priorities for the use of funds awarded.

Capture Of Light agrees that it will enter into subcontract agreements with your company specifying the funding. Capture Of Light will provide to each organization and the deliverables which each organization will provide to the collaboration. Recognizing that. Capture Of Light will be responsible to the funder for the management of funds and achievement of collaboration goals, your company agrees that. Capture Of Light must have final authority over the administration of the subcontract agreements. However, Capture Of Light and your company has agreed that to the greatest extent feasible, Capture Of Light will consult with and abide by the joint decisions of the Leadership Committee.

Resource Commitment to the Collaboration

5. Each participating organization has agreed to commit resources to the collaboration. All participating organizations will contribute:

The time and effort required for consistent representation of and participation by the organization on the Leadership Committee;

Careful attention to risk assessment and risk mitigation including maintaining appropriate insurance coverage and ensuring appropriate supervision for staff, and volunteers, and use of facilities and equipment contributed to the collaboration.

The resources of their organization required to ensure fulfillment of specific commitments described below; Specifically, each organization agrees to provide the resources described below:

Capture Of Light will provide, Funds received by promotion and authenticity of your company partnership.

Your company will provide, forms in our community page to ensure the safety of our collaboration and business partnerships.

In our statement of our [Privacy Policy] these representation documents we hold overtime during your sponsorship within our company. These documents are directly sent to a secure location to be processed and reviewed. If you would like to remove these documents speak with one of our representatives today. In accommodation of your documents, we will revoke ALL branded partners that chose to have their legal documents removed. This instates that your partnership with us will close permanently without appeal.

Our board of administration will provide final decision making with authentication provided with an E-signature document. All applicants must have their signature within this form.

Risk management strategies

6. Capture Of Light and your company agrees that the Leadership Committee will complete an initial risk assessment for the work to be carried out through the collaboration, and will regularly update the assessment as the collaboration is expanded or changed, and review both the analysis and the risk mitigation strategies at least annually.

Each participating organization will consult with its insurance carriers to determine the extent to which the organization’s insurance coverage will provide adequate protection for potential damages which may arise through participation in the collaboration. Each participating organization will seek additional insurance coverage if needed to mitigate its own risks and to protect the other organizations participating in the collaborative.

The collaborative risk assessment will include, at a minimum, consideration of risks relating to serving program participants, facilities and equipment, employment, volunteers, financial management, and compliance with funder requirements and applicable law and regulation.

Accountability process and problem solving:

7. The Leadership Committee will meet regularly to jointly evaluate the collaborative, including its progress toward meeting collaborative goals. X, Y, and Z are committed to open communication with each other with regard to strengths and limitations in the collaboration. The Leadership Committee will work together to address weaknesses and to improve outcomes.

Addition of new participating organizations

8. The Leadership Committee may from time to time recommend the addition of other organizations or governmental bodies to the collaboration. Upon the agreement of X, Y, and Z, additional organizations or governmental entities may be invited to participate in the collaboration. If the invited organizations/entities decide to participate, X, Y, and Z will amend this collaboration agreement to include all participating organizations, with all participating organizations sharing equally in the rights and responsibilities described in this agreement.

9. Termination of this agreement Each participating organization retains the right to withdraw from the collaboration upon giving the other participating organizations at least 30 days notice of its decision to withdraw. The withdrawal of any participating organization from the collaboration shall result in termination of this collaboration agreement. The remaining organizations may choose to enter into a new agreement to guide their continuing work together.

Extension or amendment of this agreement

10. This agreement may be extended or amended only through unanimous agreement by our chief executive officer at Capture Of Light, and your company . The decision to amend or extend the agreement, and language describing the agreed upon changes, shall be documented in writing, including the date of the amendment/extension, and the signatures of the chief operating officers of each participating organization.

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