Operative Dentistry, Inc.CopyrightAssignment – Non-Manuscript

I, the undersigned, (hereafter “Provider”) irreversibly grant to Operative Dentistry, Inc., its officers, employees, agents, assigns, successors, licensees, and members of the Executive Board of Operative Dentistry and/or related entities, and their respective employees, agents, and representatives (collectively called “Jopdent”), the full right to create and obtain, in the past, present, and in the future, images, photographs, video, audio, interviews, and any other recordings, documents, or materials in any now known or future media, of the submitted work, titled:

(collectively called “Recordings”). Provider also authorizes Jopdent to copyright, adapt, edit, translate, summarize, reproduce, perform, display, distribute, publish, license, sublicense, sell, broadcast, post or stream over the internet, and otherwise use and allow others to use any and all parts of the Recordings, forever and throughout the world, in any and all manners, and in any and all forms of media that Jopdent believes suitable. Provider waives the right to inspect or approve such materials created and/or used by or on behalf of Jopdent pursuant to this release.

Provider agree that Provider shall have no right, title, or interest in or to the Recordings (or to any work comprising or based on the Recordings, in whole or in part), and that all right, title, and interest in and to the Recordings belongs to Jopdent. Provider waives any and all right to payment or other compensation arising from or related to the Recordings. Provider will not state or imply, or allow others to state or imply, that Jopdent approves of or endorses Provider or Provider’s activities. Provider further agree to release, defend, and hold Jopdent harmless from any claims, damages, or liabilities related to the Recordings or Jopdent’s use thereof. Provider understands that this release is governed by the laws of the State of Indiana, USA.

Jopdent is permitted, though not obligated, to include Provider’s name as a credit in connection with the use of the Recordings. Jopdent is not obligated to utilize any of the rights granted in this agreement.

Please initial next to the following two statements if they are true. Mark n/a if the statement is false.

My image contains the likeness of a person(s) that may be recognized by a close friend of the person(s). If true, Addendum 1 of this Release MUST be completed.

My image contains the likeness of private property that may be recognized by an employee or owner of the property (the “property” may be the likeness of a company logo, trademark, etc. as well as real estate.) If true, Addendum 2 of this Release MUST be completed.

Recordings will be held for 24 months from the date of submission. If the Provider has not received notice of acceptance and intended use of the Recordings within that time period, the Recording will be purged from Jopdent files, and all rights and assigns will be transferred back to the Provider. During this 24 month period, and thereafter if the Recordings are used by Jopdent, Jopdent grants use of the Recordings to the Provider for incidental personal home/family uses only. Use for any other purpose whether commercial or noncommercial in nature, whether paid or unpaid, is strictly prohibited.

Provider has read and understood this agreement and the Provideris over the age of 18 or the age of majority (full age) in Provider’s jurisdiction – whichever is later. This agreement expresses the complete understanding of the parties. By signing below, Provider represents that Provider has read this Release, understands its contents, and agrees to this Release.

Sign, date and provide further description of the Recordings on the next Page

Provider Name

Date

Signature

Address

Title of Recordings (as listed above):

Recordings details (briefly describe the Recordings for archival and retrieval purposes):

Location of the Recordings

Camera and Lens used to take the image (if applicable)

Date of the image

Operative Dentistry, Inc. Unlimited Personal Release Agreement Addendum 1

I, the undersigned, as a recognizable person in the submitted image, irreversibly grant to Operative Dentistry, Inc., its officers, employees, agents, assigns, successors, licensees, and members of the Executive Board of Operative Dentistry and/or related entities, and their respective employees, agents, and representatives (collectively called “Jopdent”), the full right to create and obtain, in the past, present, and in the future, images, photographs, video, audio, interviews, and any other recordings, documents, or materials in any now known or future media, of my name, image, voice, likeness, and other items (collectively called “Recordings”). I also authorize Jopdent to copyright, adapt, edit, translate, summarize, reproduce, perform, display, distribute, publish, license, sublicense, sell, broadcast, post or stream over the internet, and otherwise use and allow others to use any and all parts of the Recordings, forever and throughout the world, in any and all manners, and in any and all forms of media that Jopdent believes suitable. I waive the right to inspect or approve such materials created and/or used by or on behalf of Jopdent pursuant to this release.

I agree that I shall have no right, title, or interest in or to the Recordings (or to any work comprising or based on the Recordings, in whole or in part), and that all right, title, and interest in and to the Recordings belongs to Jopdent. I waive any and all right to payment or other compensation arising from or related to the Recordings. I will not state or imply, or allow others to state or imply, that Jopdent approves of or endorses me or my activities. I further agree to release, defend, and hold Jopdent harmless from any claims, damages, or liabilities related to the Recordings or Jopdent’s use thereof. I understand that this release is governed by the laws of the State of Indiana, USA.

By signing below, I represent that I have read this Release, understand its contents, and agree to this Release. I further warrant that I am age 18 or the age of majority (full age) in my jurisdiction – whichever is later. Those under full age should sign the section on the next page.

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Parent/Guardian Consent:

I, the undersigned, hereby warrant and represent that I am the parent or legal guardian of the minor child named below and printed next to my name (hereafter “Youth”), that I have full authority to execute this Release on behalf of the Youth, that I have read this Release, and that by signing below I have granted this Release on behalf of the Youth. I hereby agree that I, the Youth, and all other parents or legal guardians, if any, will be bound by all releases, consents, and covenants contained in this Release. I further agree to indemnify and defend Jopdent against any and all liabilities relating to the Youth’s actions in connection with the Recordings or Jopdent’s use thereof.

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Operative Dentistry, Inc. Location Agreement Addendum 2

BACKGROUND INFORMATION:

I, (hereafter “Provider”) have or intend to photograph or digitally or otherwise record content on or including portions of the Property listed below and its characteristics for submission to Operative Dentistry, Inc. (hereafter “Jopdent”) for potential future use by Jopdent, including in films, photos or posters, Internet postings and similar uses. Such submission may include identifiable attributes of the Property that the Ownerclaims as proprietary such as Trademarks, Logos, and Identifiable Characters or Characteristics ("Marks").

PARTIES TO THE AGREEMENT:
Jopdent: Operative Dentistry, Inc., its officers, employees, agents, assigns, successors, licensees, and members of the Executive Board of Operative Dentistry and/or related entities, and their respective employees, agents, and representatives
Provider Name:
Address:
Phone Number:
Email Address: / Owner Name:
Address:
Phone Number:
Fax Number:
Email Address:
PROPERTY INFORMATION:
Property Description: / Property Address:

In consideration of the mutual promises and covenants hereinafter contained, and for other good and valuable consideration, Owner, Owner’s Heirs, Successors and Assigns (hereafter “Owner”), Provider, and Jopdent agree as follows:

Owner grants or acknowledges that it previously granted to Provider the right to enter the Property for the purpose photographing or otherwise filming or recording content on the Property and authorizes Provider to provide the photography or recorded content to Jopdent.

Owner hereby grants to Provider and Jopdent the perpetual rights throughout the universe, to use, and exclusively own the photographs, video recordings, sound recordings, films and other recordation in any medium of the Property (including the interior and the exterior and any portion thereof) taken by Provider pursuant to this Agreement in such manner and to such extent as Jopdent may desire and to distribute and otherwise exploit (and to license others to distribute and exploit) such recordings as provided by Provider in other projects or works, in any and all media and by any and all means now known or hereafter devised. The rights granted in this agreement include the right to use the photograph, film, videotape, and other recordings of any kind, which may include features, structures and signs located on the Property. Owner grants Jopdent the right to refer to the Property by its correct name or any fictitious name, and the right to attribute fictitious events as occurring on the Property.

Owner grants to Jopdent a non-exclusive right, but not the obligation, to use all or a part of the Marks in connection with any project where the submitted content is used, throughout the universe and in perpetuity, in any and all manners, methods, or media, whether now known or hereafter known or devised.

Owner hereby waives any and all rights of privacy, publicity, defamation, or any other rights of a similar nature in connection with the subject matter of this Agreement and agrees not to institute or maintain any claims or actions based upon the foregoing against Jopdent.

Owner hereby waives any right to royalties or other compensation arising from or related to the use, now or in the future of the submission including depiction of the Property and its features and Owner's Marks. Owner agrees that Jopdent's review and consideration of using recordings of any kind depicting Owner's Property in potential projects is adequate consideration to Owner for purposes of this Agreement.

Owner hereby represents, warrants and agrees (i) that Owner is the owner or the authorized agent for the owner of the Property,(ii) that Owner is fully authorized to enter into this Agreement and to grant Jopdent and Provider all of the rights granted in this Agreement, and (iii) that the consent or permission of no other person, firm, or entity is necessary in order to enable Jopdent to enjoy the full rights granted in this Agreement. Owner agrees to defend, indemnify, and hold harmless Jopdent and all related entities, employees, representatives, and agents from and against any and all judgments, liens, losses, fines, penalties, and costs (including fees and expenses of attorneys and other professionals) incurred as a result of Owner's breach of any representation or warranty made in this Agreement.

Owner acknowledges and agrees that in the event of any claim against Jopdent for any cause, the Owner shall be limited to remedies at law for damages actually suffered, if any, and shall not be entitled to terminate or rescind this Agreement, seek equitable and/or injunctive relief, and/or enjoin, restrain, or otherwise interfere with Jopdent's rights granted in this Agreement or the development, production, distribution, exhibition, performance, reproduction, use, or other exploitation of the submission in any project/production. This Agreement will be governed by the laws of the State of Indiana applicable to agreements executed and to be performed entirely in Indiana.

This Location Agreement (the "Agreement") constitutes the entire agreement betweenOwner, Provider, and Jopdent relating to the subject matter hereof and supersedes any previous agreement or understanding, whether written or oral, between Owner, Provider, and Jopdent relating to the subject matter hereof. The parties acknowledge and agree that no statements, representations, inducements, promises, or agreements have been made (orally or otherwise) by any party or anyone acting on behalf of any party which are not embodied herein, and that no statement, representation, inducement, promise, or agreement that is not contained in this Agreement shall be valid or binding on the parties. By signing below, Owner acknowledges that Owner has reviewed and understands the entire Agreement, and agrees to abide by and be bound by all terms and conditions stated in the Agreement.

Owner's Signature: Date:

Provider's Signature: ______Date:

Non-Manuscript Copyright FAQ’s

What does copyright protect?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.1

Does my work have to be published to be protected?

Publication is not necessary for copyright protection.1

Howisacopyrightdifferentfromapatentoratrademark?

Copyrightprotectsoriginalworksofauthorship,whileapatentprotectsinventionsordiscoveries.Ideasanddiscoveriesarenotprotectedbythecopyrightlaw,althoughthewayinwhichtheyareexpressedmaybe.Atrademarkprotectswords,phrases,symbols,ordesignsidentifyingthesourceofthegoodsorservicesofonepartyanddistinguishingthemfromthoseofothers.2

Whenismyworkprotected?

Yourworkisundercopyrightprotectionthemomentitiscreatedandfixedinatangibleformthatitisperceptibleeitherdirectlyorwiththeaidofamachineordevice.2

DoIhavetoregisterwith[the Copyright] Officetobeprotected?

No.Ingeneral,registrationisvoluntary.Copyrightexistsfromthemomenttheworkiscreated.Youwillhavetoregister,however,ifyouwishtobringalawsuitforinfringementofaU.S.work.2

WhyshouldIregistermyworkifcopyrightprotectionisautomatic?

Registrationisrecommendedforanumberofreasons.Manychoosetoregistertheirworksbecausetheywishtohavethefactsoftheircopyrightonthepublicrecordandhaveacertificateofregistration.Registeredworksmaybeeligibleforstatutorydamagesandattorney'sfeesinsuccessfullitigation.Finally,ifregistrationoccurswithin5yearsofpublication,itisconsideredprimafacieevidenceinacourtoflaw.2

Ismycopyrightgoodinothercountries?

TheUnitedStateshascopyrightrelationswithmostcountriesthroughouttheworld,andasaresultoftheseagreements,[the Treaty Nations]honoreachother'scitizens'copyrights.However,theUnitedStatesdoesnothavesuchcopyrightrelationshipswitheverycountry.2

Whoownscopyrightofaparticularphotograph?

Inthecaseof[oldorheirloom]photographs,itissometimesdifficulttodeterminewhoownsthecopyrightandtheremaybelittleornoinformationabouttheowneronindividualcopies.Ownershipofa“copy”ofaphotograph–thetangibleembodimentofthe“work”–isdistinctfromthe“work”itself–theintangibleintellectualproperty.Theownerofthe“work”isgenerallythephotographeror,incertainsituations,theemployerofthephotographer.Evenifapersonhiresaphotographertotakepicturesofawedding,forexample,thephotographerwillownthecopyrightinthephotographsunlessthecopyrightinthephotographsistransferred,inwritingandsignedbythecopyrightowner,toanotherperson.Thesubjectofthephotographgenerallyhasnothingtodowiththeownershipofthecopyrightinthephotograph.Ifthephotographerisnolongerliving,therightsinthephotographaredeterminedbythephotographer’swillorpassedaspersonalpropertybytheapplicablelawsofintestatesuccession.3

Whoisanauthor?

Underthecopyrightlaw,thecreatoroftheoriginalexpressioninaworkisitsauthor.Theauthorisalsotheownerofcopyrightunlessthereisawrittenagreementbywhichtheauthorassignsthecopyrighttoanotherpersonorentity,suchasapublisher.Incasesofworksmadeforhire,theemployerorcommissioningpartyisconsideredtobetheauthor.4

[Whator]Whereisthepublicdomain?

Thepublicdomainisnotaplace.Aworkofauthorshipisinthe“publicdomain”ifitisnolongerundercopyrightprotectionorifitfailedtomeettherequirementsforcopyrightprotection.Worksinthepublicdomainmaybeusedfreelywithoutthepermissionoftheformercopyrightowner.4

HowdoIknowwhenIneeda[Personal]release?

Theanswertothisquestioncanbereachedbyaskingaseriesofquestionsaboutthesubjectandtheuseofthephotograph.Amodelreleaseisneededfromeachpersonwhoselikenessappearsinaphotographthatisusedforadvertisingortrade(business)purposeswhenthepersonisidentifiable.Lookatthephotographandtheperson(s)initandaskthesequestions:

  1. Couldthepersoninthephotographberecognizedbyanyone?Bewarned:Itisveryeasyforapersontoshowincourtthatheorsheisrecognizable.

Iftheanswertoquestion#1isNo,thenyoudonotneedarelease.

  1. Isthephotographtobeusedforanadvertisement?(Inlaw,“advertisement”isbroadlydefined.)[ForJopdent’spurposes,theanswertothisquestionsisYes.–km]
  1. Isthephotographgoingtobeusedforcommercialbusinesspurposes,likeabrochure,calendar,poster,websiteorotherusethatisintendedtoenhanceabusinessinterest?[ForJopdent’spurposes,theanswertothisquestionisYes.–km]

Iftheanswerstoquestion#2andquestion#3arebothNo,thenyoudonotneedarelease.

Otherwise,theansweristhatyoudoneedamodelrelease.5

IfIphotographalargegroupofpeopleandplantosellthepicture[OrsubmitthephotographtoJopdent],wouldIneed[Personal]releasesfromeveryperson?

Ifyoujustwanttosellfineartprints,orevenposters,youshouldbeOKwithoutreleases.Ifyoulicensethepictureforuseinabook,youshouldbeOKwithoutanyreleasesaslongasyoudon’tallowthepublishertoputthephotoonthecoverofthebookoruseitinpromotionalmaterials.5[SubmittedphotoswillbeusedontheCoverofOperativeDentistryandforotheradvertisingpurposes–km]

HowdoIknowwhenIneedaProperty Release [Location Agreement]?

Theanswertothisquestioncanbereachedbyaskingaseriesofquestionsaboutthesubjectanduseofthephotograph.Apropertyreleaseisadvisableandmaybeneededfromeachpropertyownerwhosepropertyappearsinaphotographthatisusedforadvertisingortrade(business)purposeswhenthepropertyownerisclearlyidentifiablebytheproperty.(Notethattheownercanbeacorporationaswellasanindividual.)

Lookatthephotographandthepropertyinit,andaskthesequestions:

  1. Couldtheownerofthepropertyinthephotographbeidentifiedbyanyonejustbylookingatthephotographoftheproperty?

Iftheanswertoquestion#1isNo,thenyoudonotneedarelease.

  1. Isthephotographtobeusedforanadvertisement?(Inlaw,“advertisement”isverybroadlydefined.)
  1. Isthephotographgoingtobeusedforcommercialpurposes,likeabrochure,calendar,poster,websiteorotherusethatisintendedtoenhanceabusinessinterest?

Iftheanswerstoquestion#2andquestion#3arebothNo,thenyoudonotneedarelease.

Otherwise,youdoneedarelease.

Whendoingthisanalysis,rememberthatapropertycaninclude,orevenbe,atrademark.Dependingonthedetails,useofanother’strademarkwithoutpermissionmaybeaviolationordilutionofthemark.Forexample,ifyouphotographabuildingwiththelogoof[Coke]onit,youhavetohavepermissiontouseitforadvertisingortradepurposes.Why? Because thelogoisthepropertyofthe[Coca-ColaCompany].Whataboutthebuildingthelogoisdisplayedon?Thisismorecomplicatedquestion[seethefollowingquestion].5

Canapropertyownerpreventmefromtakingpicturesofhisbuilding,car,etc.fromtheoutside?Fromtheinside?

Ifyouaretakingthepicturefromapublicplace,andthesubjectisvisiblefromthatplace,theownerdoesnothavealegalrighttopreventyoufrommakingphotographs(althoughyoucouldendupwithbrokenequipmentoranatomy).Theanswerisdifferentifyouaretakingthepictureinside(oron)privateproperty.There,theownergetstomaketherules,andifhe/she/itsaysnophotos,thenyoucan’ttakephotos.5

IfIaminmyownphoto,shouldIsignmyownpersonalrelease?

Yes.

WillIretainmycopyrighttothephoto/recordingIsubmit?

No. Duringthe24monthperiodinwhichwekeepthephotosforpossibleuse,OperativeDentistryretainsallrightstotheItem. TheserightsextendindefinitelyonceJopdentdecidestousetherecordingandrelaysthatinformationtothecopyrightholder. Thecontractstipulatesthateachcopyrightownermayusetheirrecordingforincidentalhomeorpersonaluse. Wecertainlydon’twanttotakeyour“memories”awayfromyou,sothisexemptionallowsyoutoshow,forexample,asubmittedphotoinhomeorfamilyslideshows,orthelike. Afterthe24months,IfJopdentdoesn’tinformyouoftheintentiontouseyourRecordings,thecopyrightreturnstoyouandyoumayuseithoweveryouwish.

HowmanyworkscanIsubmit?

Youcansubmitasmany,asoftenasyouwish. Rememberthatthe24monthclockappliestoeachworksubmitted,startingonthedayofsubmission.

CanIstillsubmitrecordingsifIamnottheauthor,butIhavebeengiventhecopyrighttothework?

Yes,Jopdentisonlyconcernedaboutreceivingpermissionfromthecopyrightholder. Pleaseremember,though,thatdeterminingtheholderofthecopyrightcanbetricky. Forexample,aphotoofyourfamily,takeninaphotostudio,isusuallypropertyofthestudioandnotyourfamily. Itisusuallythesameforphotostakenbyastaffphotographeroncruise–thosephotosareownedbythecruiselineandnotthesubjectofthephoto. Jopdentwillrefuseanyphotoforwhosecopyrightdeterminationisunclear–evenifalltheofficialJopdentpaperworkissubmittedcorrectly.

References

1.LibraryofCongress(2014)FrequentlyAskedQuestionsaboutCopyright. Retrievedonline15July2014from:

2.LibraryofCongress(2014)FrequentlyAskedQuestionsaboutCopyright. Retrievedonline15July2014from:

3.LibraryofCongress(2014)FrequentlyAskedQuestionsaboutCopyright. Retrievedonline15July2014from:

4.LibraryofCongress(2014)FrequentlyAskedQuestionsaboutCopyright. Retrievedonline15July2014from:

5.AmericanSocietyofMediaPhotographers(2014)Businessresources–FrequentlyAskedQuestionsAboutReleases. Retrievedonline15Jul2014at,