DAZ Productions, Inc., ("DAZ"), would like to ensure that all intellectual property owners, ("owner" or "owners"), are fully aware that their intellectual property ("IP") ownership and protection is observed while displayed, stored, and/or transmitted on or by means of DAZ-controlled resources.

PURPOSE AND SCOPE

This IP policy, (covering Copyrights, Patents, and Trademarks[²]), sets forth DAZ's guidelines on IP Ownership, Rights, and Infringement. This policy applies to all uses of IP on DAZ-controlled resources and is applicable to any owner and/or individual or group that makes use of DAZ-controlled resources.

This IP policy in no way usurps the privileges and/or rights afforded to owners per any International IP agreements and/or any other legally binding IP laws, regulations, and/or statutes. This IP policy is meant as a general guide to any individual or group that makes use of DAZ's resources.

COPYRIGHTS, PATENTS, AND TRADEMARKS

Intellectual property is generally protected within three main classes - Copyright, Patent, and Trademark[²].

• A Copyright is the IP right granted by International and/or Federal (US) laws, regulations, and statutes that provides the owners the exclusive rights to do and to authorize any of the following:

  • to reproduce the copyrighted work;
  • to prepare derivative works based upon the copyrighted work;
  • to distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  • in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
  • in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
  • in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

  Copyright protection is an automatic IP right; meaning that as soon as the work is embodied in a tangible form, it is copyright protected. Registering the copyright with the appropriate authorities will afford the owner a verifiable record of copyright protection which would is useful when making a claim based upon copyright infringement.

  Copyright protected material is normally indicated by use of a copyright symbol (©); the year, or years, covered by copyright protection; the copyright owner's name; a statement of rights; and, additional notices. For example:

  © 2000-2003 DAZ Productions, Inc. All rights reserved. Unauthorized use of this material is strictly prohibited and may result in potential criminal and/or civil litigation; depending upon the severity of the infringement.

• A Patent is the property right granted to an inventor by International and/or Federal (US) laws, regulations, and statutes that provides the inventor the right to exclude others from making, using, offering for sale, selling, or importing the patented invention.

  A patent, unlike copyright, is not an automatic protection or right. Patents must be applied for and approved before being granted. This is to ensure that your patent does not infringe upon another patent owner's claim.

  Patent protected material is normally indicated by the use of one of the following words/phrases: "Patent", "Patentee", "Patent Applied For", "Patent Pending", or any abbreviation thereof; followed by a patent number. For example:

  Patent Pending 123456789

• A Trademark, or "Servicemark", is a word, name, symbol, or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A Trademark grants the owner the rights to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

  A Trademark[²], like copyright, does not require registration like patents. The owner can establish rights in a mark based on legitimate use of the mark. Registering a trademark provides several advantages:

  • constructive notice to the public of the registrant's claim of ownership of the mark;
  • a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
  • the ability to bring an action concerning the mark in federal court;
  • the use of the U.S registration as a basis to obtain registration in foreign countries; and
  • the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

  Trademark[²] protected material is normally indicated by a word, name, symbol, or device which is used in trade with goods and is followed by the unregistered trademark symbol (™), the registered trademark symbol (®), or the servicemark symbol (^SM). For example:

  DAZ Example™, DAZ Example®, or DAZ Example^SM

DEFINITIONS

NOTE: DAZ recognizes the applicability and authority of the US Copyright Law definitions[¹]. In order to keep this policy at a reasonable length, DAZ will only include definitions in this section that do not duplicate those terms already defined. Please refer to the US Copyright Law definitions[¹] if you are unsure of any terms not defined herein.

Except as otherwise stated within this policy, the following terms used within this policy have the following meanings:

Content - Any tangible work, fixed by any method now known or later developed, to include, but not limited to: animations, bump maps, camera sets, characters, clothing, faces, hair, geometries, images, light sets, materials, meshes, models, morphs, motion files, objects, poses, props, renders, scenes, screen shots, scripts, software, sound files, textures, transparencies, utilities, or other works not mentioned that are displayed, stored, and/or transmitted on DAZ-controlled resources.

DAZ - DAZ Productions, Inc., its authorized agents, employees, representatives or anyone else authorized to act on behalf of DAZ Productions, Inc.

DAZ-Controlled Resources - Any electronic or physical resource wholly owned and operated by DAZ. Such resources include, but are not limited to: computer systems and associated media, electronic equipment, and web servers.

Infringement - A violation of an intellectual property owner's rights.

Infringing Content - Any content that violates an intellectual property owner's rights.

PATENT OR TRADEMARK OWNERSHIP AND PROTECTION

Patents and trademarks, by their very nature, remain with the owner of the patent or trademark; especially in the case of patents and registered trademarks. As such, DAZ cannot and will not claim any patent or trademark rights to any content that is not owned by and/or registered by DAZ.

DAZ's sole responsibility for protecting the patents and trademarks of the owner extends only to enforcing the patent or trademark laws. If DAZ is notified of patent or trademark infringement, DAZ will remove the infringing content from DAZ-controlled resources and/or provide the necessary authorities with the required information and records as is legally required.

Any owner seeking litigation patent or trademark infringement is highly encouraged to contact the appropriate authority for the owner's locality to seek legal and professional assistance in the matter.

NOTE: The majority of the remainder of this IP policy will concern copyrights, due to the nature of copyright ownership and protection and how the presence of copyright protected content affects DAZ.

COPYRIGHT OWNERSHIP

All content and/or copyright protected works displayed, stored, and/or transmitted on or by means of DAZ-controlled resources shall remain the property of the original copyright owner.

LIMITED AND RESTRICTED COPYRIGHTS GRANTED TO DAZ

Due to the nature of the Internet and the World Wide Web, if the owner supplies content and/or copyright protected works on DAZ-controlled resources, for either commercial or non-commercial purposes, the owner grants DAZ the following limited and restricted copyrights for the duration that the content and/or copyright protected works reside on DAZ-controlled resources:

• to reproduce the copyrighted work;
• to distribute copies of the copyrighted work to the public by sale or other transfer of ownership;
• in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
• in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
• in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

The execution of these limited copyrights by DAZ is restricted to DAZ-controlled resources only; unless otherwise agreed upon between the owner and DAZ.

Without the owner granting these limited and restricted copyrights to DAZ, DAZ would not be able to display, store, and/or transmit the content and/or copyright protected works on DAZ-controlled resources.

TERMINATION OF COPYRIGHTS GRANTED TO DAZ

Both the owner and DAZ reserve the right to terminate the limited and restricted copyrights granted to DAZ within this IP policy upon proper notification of the other party. Notification to terminate the limited and restricted copyrights granted to DAZ within this IP policy will be supplied by the terminating party not less than two (2) business days prior to the requested termination date.

COPYRIGHT, PATENT, OR TRADEMARK INFRINGEMENT

Due to the nature of the Internet and the World Wide Web - especially considering the sheer volume of content and/or protected works displayed, stored, and/or transmitted on or by means of DAZ-controlled resources - DAZ cannot reasonably guarantee to monitor and proactively prohibit the infringement of copyrighted, patented, and/or trademarked works.

Whereas infringing content and/or protected works may be submitted by persons other than the owner, it would be highly prohibitive and cause severe undue hardship for DAZ to research every individual submission to ensure that it is being submitted by the owner. However, DAZ is committed to ensuring that any infringement claim that is made to DAZ is acted upon in an expedited manner.

If the owner of content and/or protected works, or any other person, recognizes infringing content being displayed, stored, and/or transmitted on or by means of DAZ-controlled resources, it is highly recommended that such a person contacts DAZ's IP Advocate immediately; with as much of the following details pertaining to the infringement as possible:

• the Name and Contact Information of the Owner, if known, of the content and/or protected works;
• the Location and Nature of the infringing content and/or protected works on DAZ-controlled resources, (to include detailed references and hyperlinks to infringing content and/or protected works, if possible);
• the Date and Time (to include the Time Zone) the infringing content and/or protected works was noticed by the person making the infringement claim; and
• any other Additional Comments you may have considering this infringement claim.

For the purpose of making an infringement claim claim, please complete the IP Infringement Claim Form.

REMOVAL OF CONTENT

In the case of Infringement:

Upon receipt of notification of a copyright, patented, and/or trademarked infringement claim, DAZ will make every reasonable effort to remove the owner's content and/or protected works from all DAZ-controlled resources as soon as is humanly possible, prior to or upon verification the infringement claim.

In the event that DAZ cannot readily locate the infringing content and/or protected works that is claimed to be displayed, stored, and/or transmitted on or by means of DAZ-controlled resources, DAZ will make every reasonable effort to locate and remove the infringing content and/or protected works from all DAZ-controlled resources within a timely manner and as available resources permit.

If it is within the legal and legitimate means or power of the owner to remove any of the content and/or copyright protected works displayed, stored, and/or transmitted on or by means of DAZ-controlled resources, then the owner can do so at their leisure.

In the case of Termination of Rights:

Upon the receipt of, or the issuance by DAZ of, a notification to terminate the limited and restricted rights granted to DAZ within this IP policy, DAZ will make every reasonable effort to remove the owner's content and/or copyright protected works within a five (5) business day period from DAZ-controlled resources.

During the five (5) business day period, if it is within the legal and legitimate means or power of the owner to remove any of the content and/or copyright protected works displayed, stored, and/or transmitted on or by means of DAZ-controlled resources, then the owner can do so at their leisure.

IP ADVOCATE

If any visitor to DAZ's web site has any comments, feedback, recommendations, and/or questions regarding this IP policy, please feel free to contact DAZ's IP Advocate:

• E-Mail Address:

  Advocate@daz3d.com

• Intellectual Property Infringement Claim Form:

  IP Infringement Claim Form

• Mailing Address:

  DAZ Productions, Inc.
  Attn: IP Advocate
  12402 South 450 East
  Suite #F-1
  Draper, UT 84020
  

• Telephone Numbers::

  1(800)267-5170
  1(801)495-1777
  

EXTERNAL LINKS[¹]

International:

• Eldis Resource Center (Intellectual Property Rights)
• European Union Directorate General Trade
• Intellectual Property World Online
• The Federation of International Trade Associations (FITA)
• United Nations Commission on International Trade Law (UNCITRAL)
• World Intellectual Property Organization (WIPO)
• World Trade Organization (WTO)

United States of America:

• Cornell: Legal Information Institute
• FirstGov: Reference Shelf
• US Copyright Office
• US Courts: The Federal Judiciary
• US Library of Congress - Copyright Office
• US Patent and Trademark Office
• US Supreme Court

Disclaimers:

1. External Links: Links, (graphical, textual, or otherwise), to external resources appearing within this intellectual property policy are provided solely as a courtesy extended to visitors. The appearance of links in no way indicates an official endorsement of the linked resource by DAZ, its affiliates, brokers, partners nor any official agent or representative of DAZ unless otherwise stated. Use of external web site information is at the sole discretion of the visitor.
2. Trademark/Servicemark: The terms "Trademark" (™) and "Servicemark" (^SM) are treated as being synonymous throughout this policy.

© 2000-2003 DAZ Productions, Inc. All rights reserved. Unauthorized use of this material is strictly prohibited and may result in potential criminal and/or civil litigation; depending upon the severity of the infringement.