FAIR USE OF IMAGES INFORMATION 

 I absolutely love collaborating and licensing my artwork, but only under specific guidelines and agreements. Please contact me directly if you are interested in licensing my work! Below is some information about the fair use of images and artwork created by me (Joalida Smit), so that you are informed. If you are unclear whether the use you have in mind is permitted, please inquire via email with a description of intended use to determine whether there would be a licensing fee, or whether it would be permitted at all. 

 IMAGE USE NOTICE 

 The artwork of Joalida Smit Original Art and Funky Design is protected by national and international copyright laws, including The Digital Millennium Copyright Act (DMCA).  Please respect the intent of these laws, which enable the development of the vision of the artist. If you are unclear whether the use you have in mind is permitted, please inquire via email with a description of intended use. This document is subject to continual revision without notification.   

PERMISSION FOR FREE USE IS GRANTED FOR:   

 WORKSHOP or LECTURE 

 Under the following conditions and for no fee, you may use images by Joalida Smit in your workshop or lecture: As a “power point” presentation A slide talk, or Using an overhead projector lecture As long as you verbally and visually credit the artist "Artwork by Joalida Smit Original Art and Funky Design" and give the website address www.joalidasmit.com while the artwork is on the screen. 

I will provide images for this use, but they may ONLY be used for the purpose of the lecture or workshop. Fliers, photocopies, photographs or reproductions of any kind are NOT permitted for use in an educational or non-educational purpose. 

 *If you wish to license any of my artwork for publication in any course curriculum, please contact me for pricing.  

 LIMITED USE ON A WEBSITE 

 You are permitted to use ONE image on your personal (non-commercial) web site with the following stipulations: 

 A live link to “www.joalidasmit.com” must be visible WITH the image. 

The image used must be no larger than 400 pixels/3 inches in either dimension. 

Images may NOT be used on the homepage.

 Images may NOT be used as backgrounds, cropped, or otherwise presented in a manner that obscures the entire image in any way.

 Images may NOT be used on websites deemed inappropriate. 

Images may NOT be modified, colored, animated, adapted, collaged, used as a graphic design element, or altered in any way. 

 If you wish to license any of my artwork for a commercial website endeavour, please contact me for pricing.   

 LIMITED USE ON SOCIAL MEDIA 

 You are permitted to share images on your personal (non-commercial) social media portal with the following stipulations: 

 A hot link to “www.joalidasmit.com” (web) or tagged “@joalidasmitartist” (Instagram https://www.instagram.com/joalidasmit/) or hot link tag “@joalida-smit-artist” (Facebook) must be visible WITH the image.

 Images may NOT be used as backgrounds, cropped, or otherwise presented in a manner that obscures the entire image in any way. Images may NOT be used on websites deemed inappropriate. 

Images may NOT have URLs not associated with my artwork or text overlaid on top of them in a way that obscures the image. 

Images may NOT be modified, colored, animated, adapted, collaged, used as a graphic design element, or altered in any way.    

 MAGAZINES, BOOKS, SCHOLARLY PAPERS 

 If art is intended to accompany an interview or article featuring or discussing in some depth the subject of Joalida Smit’s artwork, jpegs will be provided and the use is free. Use of art to illustrate any subject other than a discussion of the work of Joalida Smit is NOT PERMITTED, unless express written consent from the artist is granted. Please communicate via email the intention and description of the use of Joalida’s art in these contexts.    

PERMISSION FOR USE IS NOT GRANTED FOR: 

 Because the use of Joalida Smit’s art would constitute an endorsement, reproduction rights are reserved for projects that benefit the artist and/or her affiliated projects or the projects that Joalida Smit specifically endorses. Joalida Smit DOES NOT grant permission or sell reproduction rights for the use of her art on collateral material such as brochures, business cards, pamphlets, or fliers that promote a private practice of any kind, unless otherwise agreed upon with a licensing contract and receipt of payment. 

 Permission is NOT granted for reproduction rights for use in self-published books, workbooks or CD’s, unless otherwise agreed upon with a licensing contract and receipt of payment. 

 Joalida Smit does NOT give permission to reproduce her artwork for the following: No photographed or Xerox-type copies whatsoever. No blotter art. No party fliers. No personal business promotion. This includes business cards, fliers, brochures, web sites, etc. No projections at parties or events without approval. 

 Joalida Smit DOES NOT allow her art to be collaged, customized, copied, adapted, incorporated, photoshopped, or altered in any way or used within another work of art. She does NOT give permission to use her artwork within another artist's work. 

 If you have questions whether the use you have in mind is permitted, PLEASE ASK. Send a request and description of use via email. Uploading, downloading, or using works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner’s exclusive rights of reproduction and/or distribution as per the Visual Artists Rights Act. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each infringement and, if the copyright owner proves willful infringement, that amount may be increased up to $150,000 for each infringement. In addition, an infringer of a work may also be liable for loss of income due to the use of the work without attribution and attorney’s fees incurred by the copyright owner to enforce her rights. 

 If you have any other questions about copyright, please visit: http://www.copyright.gov/help/faq/faq-fairuse.html   

 If you are unclear whether the use you have in mind is permitted for free use or licensing, please inquire via the contact form on my website with a description of intended use to determine whether there would be a fee, or whether your request would be permitted at all (depends on the project). I love hearing your ideas!