Copyright Policy

Copyright Ownership

Automatic Vesting at Fixation

Under Title 17 of the United States Code, Section 102, copyright protection vests automatically the moment an original work of authorship is fixed in a tangible medium of expression. For Swartz Portraits, that moment is the instant the camera shutter records an image. No registration, publication, or notice is required for the copyright to exist. The copyright belongs to Swartz Portraits from the moment of creation.

Sole and Exclusive Copyright Owner

Swartz Portraits, owned and operated by Ty Swartz, is the sole and exclusive copyright owner of every photograph, digital file, edited image, proof, preview, watermarked sample, social media post, magazine submission, portfolio image, and derivative work produced under the Swartz Portraits name. This includes every image displayed on this website, every image delivered to clients, and every image published by Swartz Portraits or its representatives on any platform.

No Transfer Without Written Agreement

The copyright in any Swartz Portraits image cannot be transferred, assigned, or licensed except by a written instrument signed by Swartz Portraits. Purchase of a session, purchase of digital files, purchase of heirloom products, attendance at a session as the subject, or any other transaction does not transfer copyright ownership to the client or to any third party.

Section 1202 DMCA Protection

Every Swartz Portraits image carries embedded copyright management information in its IPTC and EXIF metadata. This metadata is protected by Section 1202 DMCA of Title 17 of the United States Code, which makes it a federal violation to remove or alter copyright management information with the intent to enable or conceal infringement.

What Counts as Copyright Management Information

The copyright management information embedded in every Swartz Portraits image includes the following, any of which constitute protected CMI under Section 1202 DMCA:

• The copyright notice itself, "© Swartz Portraits, all rights reserved".
• The name of the copyright owner, Swartz Portraits.
• The name of the photographer, Ty Swartz.
• Terms and conditions for use, including the URL of this copyright policy page.
• Identifying numbers and symbols referring to the foregoing information.
• Visible watermarks placed on web-displayed images and previews.

Common Prohibited Actions

The following actions constitute Section 1202 DMCA violations on a Swartz Portraits image and will be pursued:

• Stripping IPTC or EXIF metadata before posting or sharing the image.
• Cropping a visible watermark out of an image.
• Editing, blurring, or removing a visible watermark.
• Removing the photographer credit from a posted or printed image.
• Re-saving an image through software that strips metadata, then redistributing it.
• Falsely attributing a Swartz Portraits image to another photographer or to the subject.

Exclusive Rights

Under Title 17 USC Section 106, the owner of a copyrighted work holds exclusive rights in that work. Swartz Portraits holds all of the following exclusive rights in every image it produces:

• Reproduction: the exclusive right to reproduce the image in any medium, including print, digital, social media, broadcast, and any future medium.
• Derivative works: the exclusive right to create derivative works based on the image, including edits, crops, color treatments, composites, and any other modifications.
• Distribution: the exclusive right to distribute copies of the image to the public by sale, transfer, rental, lease, or lending.
• Public display: the exclusive right to display the image publicly, including on websites, social media, in galleries, in magazines, and in any other public forum.
• Public performance: for images displayed as part of audiovisual works, the exclusive right to perform the work publicly.

Any exercise of these exclusive rights by a person other than Swartz Portraits, without a written license from Swartz Portraits, constitutes copyright infringement.

Client License Terms

When a client purchases digital files from a Swartz Portraits senior portrait session, Swartz Portraits grants the client a limited, non-exclusive, non-transferable personal use license. The image licensing terms below define exactly what the client may and may not do with the purchased images.

What the Client May Do

• Print the purchased images at home or through a third-party print service for personal display.
• Share the purchased images on personal social media accounts, with the photographer credit "Photo by Swartz Portraits" or "@SwartzPortraits" included in the caption or visible on the image.
• Use the purchased images on personal communication such as graduation announcements, holiday cards, family newsletters, and other non-commercial personal correspondence.
• Email the purchased images to immediate family members for personal use.

What the Client May NOT Do

• No commercial use: images may not be used in advertising, promotion, on websites that generate revenue, on commercial social media accounts, on product packaging, or in any other context that earns money for the client or any third party.
• No derivative works: images may not be edited, cropped, color-corrected, filtered, retouched, composited, or altered in any way. Clients receive the final, finished image as Ty intends it.
• No modifications: Instagram filters, Snapchat filters, AI enhancement apps, color shifts, and any other software modification of the image are prohibited.
• No sublicensing: the client cannot license, sell, gift, or transfer the image or its license to any third party. The license is personal to the client and the immediate family.
• No commercial print sales: clients may not produce or sell prints of the images for any commercial purpose.
• No yearbook submission without coordination: for high school yearbook submission, the school must obtain the image directly from Swartz Portraits, not from the client, so that proper print quality and credit can be assured.

License Survives Image Delivery

The license is granted at the time of purchase and continues for personal use indefinitely. The license does not expire. However, the underlying copyright remains with Swartz Portraits in perpetuity. The client never owns the copyright, only a limited license to use the image as described above.

Unauthorized Uses

Any use of a Swartz Portraits image that is not expressly permitted by the client license terms above, or by a separate written license from Swartz Portraits, constitutes copyright infringement. The following are specific examples of unauthorized uses that will be pursued under United States copyright law:

• Downloading any image from this website or any Swartz Portraits social media account without a license.
• Right-clicking and saving images displayed in client galleries by anyone other than the paying client.
• Screenshotting watermarked preview images and removing or cropping the watermark.
• Using a Swartz Portraits image in a commercial product, advertisement, or promotion.
• Reposting a Swartz Portraits image on a competing photography business account.
• Using a Swartz Portraits image to train, fine-tune, or develop any artificial intelligence model.
• Submitting a Swartz Portraits image to a stock photography service.
• Including a Swartz Portraits image in a publication, book, or printed work without written license.
• Using a Swartz Portraits image as a backdrop, prop, or composite element in another photographer's work.
• Falsely claiming authorship of a Swartz Portraits image.

Unauthorized uses are pursued through the DMCA takedown procedure described below and, where appropriate, through proceedings before the CCB Copyright Claims Board or in Texas state or federal court.

AI Training Prohibition

Swartz Portraits expressly prohibits the use of any image produced by Swartz Portraits as training data, fine-tuning data, reference data, or input for any artificial intelligence system, machine learning model, generative image model, large language model, or any other automated system that processes images for the purpose of model development or content generation. This AI training prohibition applies regardless of the size of the dataset, the commercial or non-commercial nature of the model, or the geographic location of the operator.

Specific AI Training Prohibitions

• No Swartz Portraits image may be ingested by a web scraper or crawler for the purpose of building or expanding an AI training dataset.
• No Swartz Portraits image may be uploaded to an AI image-generation service for the purpose of training a custom model or LoRA.
• No Swartz Portraits image may be uploaded to a generative image service for the purpose of creating a derivative or modified image, even for personal use.
• No Swartz Portraits image may be used to train face recognition, facial analysis, or any biometric system.
• No Swartz Portraits image may be used to train or generate likenesses of the subject of the portrait.

The AI training prohibition is a condition of access to this website and to every Swartz Portraits image, regardless of how the image was obtained. Continued unauthorized AI training use after notice constitutes willful copyright infringement and willful Section 1202 DMCA violation. Swartz Portraits images are not licensed for any AI training purpose under any circumstances.

Derivative Works

Under Title 17 USC Section 101, a derivative work is a work based upon one or more preexisting works, such as a translation, adaptation, fictionalization, motion picture version, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. For Swartz Portraits images, derivative works include but are not limited to:

• Cropped, color-corrected, filtered, or otherwise modified versions of an image.
• AI-generated variations or enhancements of an image.
• Composite images that incorporate any portion of a Swartz Portraits image.
• Paintings, drawings, sketches, or other artistic interpretations based on a Swartz Portraits image.
• Black-and-white conversions, sepia conversions, or other color-treatment variations.
• Photographic prints reframed, rematted, or otherwise re-presented in a non-Swartz Portraits format.
• Image collages, mosaics, or templates that incorporate a Swartz Portraits image.

The exclusive right to prepare derivative works belongs to Swartz Portraits under Section 106(2) of Title 17. Any derivative work created from a Swartz Portraits image without written license is an unauthorized derivative work and constitutes copyright infringement. The unauthorized derivative work itself does not create independent copyright in the person who made it; the underlying copyright in the Swartz Portraits image governs.

Subject vs. Photographer Rights

Under United States copyright law, the photographer is the author and copyright owner of a photograph, not the subject. The senior who is photographed by Swartz Portraits is the subject of the image, and is honored as such, but holds no copyright interest in the image.

Model Release Granting Portfolio and Marketing Rights

By proceeding with a Swartz Portraits senior portrait session, the senior and the senior's parent or legal guardian execute a model release granting Swartz Portraits the right to use the senior's likeness in portfolio displays, marketing materials, website features, magazine submissions, social media posts, advertising, blog posts, educational presentations, and any other promotional context selected by Swartz Portraits, in perpetuity and worldwide. This model release is a condition of booking and is irrevocable.

What the Subject Retains

The senior retains the right to use the licensed images for personal use as defined in the client license terms above. The senior also retains general publicity rights, meaning that no third party may use the senior's likeness for commercial purposes without separate consent from the senior. However, the senior cannot prevent Swartz Portraits from using the images for portfolio and marketing purposes covered by the model release.

What the Subject Does Not Retain

The senior does not own the copyright. The senior cannot license, sell, or transfer the images. The senior cannot prevent Swartz Portraits from publishing, displaying, or distributing the images in connection with the Swartz Portraits brand. The senior cannot demand removal of images from the Swartz Portraits portfolio absent a separate written agreement.

Fair Use Limitations

Title 17 USC Section 107 establishes a limited fair use doctrine under United States copyright law. Fair use limitations permit certain narrowly defined uses of copyrighted works, including for criticism, comment, news reporting, teaching, scholarship, or research. Swartz Portraits acknowledges the existence of the fair use doctrine and respects its proper application.

Fair Use Does Not Authorize Commercial or Personal Use

Fair use limitations are narrow and fact-specific. They are evaluated case by case under four statutory factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the work. A claim of fair use does not, on its face, authorize commercial use, derivative work creation, AI training input, social media republication, or any other use that exceeds the narrow boundaries of Section 107.

Anyone asserting fair use of a Swartz Portraits image bears the burden of demonstrating that the use satisfies all four statutory factors. Fair use is an affirmative defense, not a license. Swartz Portraits reserves the right to challenge any fair use assertion in the appropriate forum, including before the CCB Copyright Claims Board or in court.

DMCA Takedown Procedure

Swartz Portraits actively monitors online use of its images and issues DMCA takedown notices under Section 512 of Title 17 to any platform hosting an infringing copy of a Swartz Portraits image. The DMCA takedown procedure below is published as a transparent statement of how unauthorized uses are pursued.

When Swartz Portraits Issues a DMCA Takedown Notice

A DMCA takedown notice is issued when Swartz Portraits identifies a copy of a Swartz Portraits image being hosted, displayed, distributed, or sold by any party without a written license from Swartz Portraits. This includes:

• Social media accounts reposting a Swartz Portraits image without credit or license.
• Competing photography websites displaying a Swartz Portraits image as their own work.
• Stock photography or print-on-demand sites listing a Swartz Portraits image for sale.
• AI training datasets that include Swartz Portraits images.
• Any website, blog, or platform displaying a Swartz Portraits image with the watermark or copyright management information removed or altered.

What a Swartz Portraits DMCA Takedown Notice Contains

Each DMCA takedown notice issued by Swartz Portraits contains the following elements required by Section 512(c)(3) of Title 17:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the infringing material and its location with sufficient detail for the platform to locate and remove it.
• Contact information for the copyright owner: Swartz Portraits, Spring, Texas 77386, 832-305-5426, tswartz@swartzportraits.com.
• A good-faith statement that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that the signer is authorized to act on behalf of the copyright owner.

Where DMCA Takedown Notices Are Sent

DMCA takedown notices are sent to the designated agent of the hosting platform. Major platforms each maintain a designated agent registered with the United States Copyright Office:

• Instagram and Facebook (Meta): via Meta's online IP reporting form.
• Pinterest: via Pinterest's copyright complaint form.
• TikTok: via TikTok's intellectual property reporting form.
• YouTube: via the YouTube Copyright Center.
• Google search results: via the Google Legal Removal Requests form.
• Website hosting providers: via the registered DMCA agent listed on the host's terms of service.

Counter-Notice Procedure

If a party receives a Swartz Portraits DMCA takedown notice and believes the takedown was issued in error, the party may file a counter-notice under Section 512(g) of Title 17. A counter-notice must be sent in writing to Swartz Portraits at tswartz@swartzportraits.com with the subject line "DMCA Counter-Notice" and must include the elements required by Section 512(g)(3) of Title 17, including a statement under penalty of perjury that the takedown was the result of mistake or misidentification, and consent to Texas jurisdiction for any resulting proceeding.

CCB Copyright Claims Board Enforcement

The CCB Copyright Claims Board, established by the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020, is a copyright tribunal housed within the United States Copyright Office that hears copyright infringement claims, declarations of non-infringement, and claims of misrepresentation in DMCA takedown notices. Swartz Portraits uses the CCB Copyright Claims Board as the primary enforcement venue for image infringement claims because the procedure is streamlined, online, and substantially less expensive than federal court.

What the CCB Can Award

• Total damages of up to $30,000 per case, inclusive of all claims.
• Actual damages and the infringer's profits, calculated based on factual evidence.
• Statutory damages (where the image is registered with the United States Copyright Office prior to infringement or within the statutory window).
• An order requiring the infringing party to cease the infringing use.
• Attorney's fees and costs in cases of bad-faith conduct by either party, up to $5,000 in most cases.

How a CCB Proceeding Works

A CCB Copyright Claims Board proceeding is initiated by filing a claim through the eCCB electronic filing system. The filing fee is divided into two payments: $40 at filing and $60 when the proceeding moves forward. The respondent has the option to opt out of the CCB proceeding within a defined window, in which case the matter may instead be pursued in federal court. Proceedings are conducted online and are typically resolved within months rather than years.

Why the CCB Matters for Swartz Portraits Infringement Claims

The CCB is purpose-built for the kind of small-to-mid-size copyright infringement claims that affect working photographers. A single unauthorized commercial use of a Swartz Portraits image, a single AI training inclusion, a single sale of an unlicensed print, can each give rise to a CCB Copyright Claims Board claim. Combined with Section 1202 DMCA statutory damages for metadata stripping, the total exposure to an infringer can substantially exceed the value the infringer expected to gain from the unauthorized use.

Texas Jurisdiction

Any dispute, claim, or proceeding arising from copyright infringement of a Swartz Portraits image, from a violation of Section 1202 DMCA, or from any breach of the client license terms set forth in this copyright policy, is governed by the laws of the State of Texas and by the federal copyright laws of the United States, and falls under Texas jurisdiction. Disputes will be filed in the appropriate Texas state or federal court, or before the CCB Copyright Claims Board at the election of Swartz Portraits.

By accessing this website, by viewing any Swartz Portraits image on any platform, by purchasing a session, by accepting a digital file delivery, or by otherwise interacting with Swartz Portraits content, the accessing party consents to Texas jurisdiction for any claim arising from such access or use.

Licensing Inquiries

Swartz Portraits accepts licensing inquiries for legitimate commercial, editorial, and educational uses of its images. As the senior portrait photographer Spring Texas families trust, Swartz Portraits is open to image licensing arrangements that respect the integrity of the work and the senior portrait subject.

How to Request a License

Send a written licensing inquiry to tswartz@swartzportraits.com with the subject line "Image Licensing Inquiry." Include the following information:

• Identification of the specific Swartz Portraits image or images requested, including image URL or reference.
• The proposed use, with as much detail as possible.
• The proposed duration of the license.
• The geographic scope of the use.
• The medium, including print run for printed media, web traffic estimates for digital media, or audience size for broadcast media.
• The proposed compensation.

Swartz Portraits responds to legitimate licensing inquiries promptly. A license is not granted until a written agreement is signed by Swartz Portraits and the licensee. Use of any Swartz Portraits image before a license is signed constitutes copyright infringement.

Subject Cooperation for Commercial Licenses

For commercial licenses that involve identifiable subjects in the image, Swartz Portraits coordinates with the subject's family to confirm publicity-rights consent in addition to the copyright license. The model release executed at booking covers Swartz Portraits' own portfolio and marketing use; third-party commercial licensing of a senior's likeness requires separate consent.