Trademarks, Logos, Permissions of Use and more

Click large or small 'A' above. Any text links, unless otherwise stated, will open in new windows.

There are many excellent web sites that have material that may be considered illegal. As such, O.N.Z.C.D.A™ cannot ethically assess them and they must be declined an award. Below is a list of some of the most common copyright pitfalls and ways that you can avoid them.

We will accept web sites displaying trademarks as long as the three following steps are met:

•  The webmaster or the web site owner must acknowledge the holder of the trademark.V •  If the submitted web site is unofficial, the webmaster or the web site owner must have a disclaimer stating that the web site is in no way affiliated or endorsed by the product or service whose trademark is being displayed.
•  The trademark graphic must be displayed properly, in the correct color, over the proper background and the graphic shape must not be distorted.

A trademark identifies the supplier of goods or services. For assessment purposes we believe that the use or correct reproduction of a trademark in a context that does not mislead is not an infringement. However, it is best to consult an attorney to do an individualized analysis of your circumstances.

If you use any of the following material, the webmaster or web site owner must get express written consent to use it. In order for a web site to qualify with our award program the webmaster or the web site owner need to display on the web site that you have received this permission and to list the source and author of the material.

•  Posting ANY photographs or artwork that does not legally belong to the webmaster or the web site owner.
•  Posting ANY written work that does not legally belong to the webmaster or the web site owner.
•  Playing ANY audio, be it sound effects or music that does not legally belong to the webmaster or the web site owner. This includes .mp3, .wav and .mid ( midi ) files.

Web site owners displaying content without permissions of use, source or credit notifications displayed are respectfully advised to give serious consideration to our requirements, for although we know your content is of value, to award a web site that has no permissions of use, source or credit notifications displayed would be to run the risk of our supporting illegal activities.

Although we reserve the right to seek proof of ownership validity or copies of permissions of use the onus is on the applicant to provide these to us. It is not our job nor our wish to become 'Copyright - Ownership Police'.

Please be aware that we reserve the right to seek from applicants copies of permission of use or proofs of validity of ownership for any items displayed within any web site that we deem may be necessary. Applicants will be contacted re these items when required or if applicants hold the relevant items and would like to send copies of these to us attached to an e-mail with the Subject Header - ( Web site Title ) Permission of Use - we would be appreciative. Please note that the relevant items must include reference Url's and information from the web site or the documentation of the original owner of the content or images displayed at your web site; be signed by the original owner and must include the original owners e-mail address.

If you want to display information or images that could belong to someone else, unless you have written permission - don't!

If you have found an historical picture in a book, magazine etc and you decide to restore the item the restorer also needs permission to restore the item as there would be a negative somewhere and the restoration the restorer has created could be legally called a fake.

•  Including Art Works designated as Old Masters.

Persons are not permitted to use these unless they have written permission either from the owner, artist, estate or the license holder. We will expect to have sent to us or see displayed in web sites displaying any content not owned by the web site owner any of the following items that would be applicable:

•  Permissions of Use - (copies of these should be sent to us.)
•  Information as to the source of the image.
•  Credits in reference to the image.

•  Including Art Works designated as Old Masters.

•  . . . old | ld | a., n.2, & adv. [OE ald, (WS) eald = OFris., OS ald (Du. oud), (O)HG alt, f. WGmc; pa. ppl formation f. Gmc base of OE alan, ON ala nourish, Goth. alan grow up, app. w. the sense 'grown up, adult', rel. to L alere nourish. Cf. ELD n., a., ELDER a. & n.2, ELDEST, also AULD.] A adj - . old master (a painting by) a great artist of former times, especially of the 13th to 17th centuries in Europe.
•  . . . master | mst | n.1 & a. Also (esp. in titles) M-. [OE maegister, magister (corresp. to OFris. master, (also OS) mester, (O) HG meister, ON meistari), a Gmc adoption from L; reinforced by OFr. maistre (mod. maitre) f. L magister, magistr-, usu. referred to magis adv. = more.] - 14 - An artist of great skill, one regarded as a model of excellence; a work of painting or sculpture by such an artist (chiefly in old master s.v. OLD a.) 

Source: Excerpted from The Oxford Interactive Encyclopedia. Developed by The Learning Company, Inc. Copyright © 1997 TLC Properties Inc. All rights reserved.

If an image, for example, is considered 'Public Domain' then under USA law no credit need be displayed and this is where much reliance is placed upon the honesty of the web site owner for how does one prove what is in Public Domain and what isn't?

The basic rule here is if you are not absolutely certain that you have the legal right to use something, then don't. Seek and obtain written permission first.

The below image links will open in external new windows. To use the FAE validation process access the image link (below) and insert the URL of this web page.