Copyright and Image Usage Terms
The image of the struggling artist is a common stereotype, and one which can unfortunately become all too true a representation. Kirstin works hard and puts a lot of love, effort and energy into each of her artworks and the products she creates for the enjoyment of others. Please respect her right to make a living from her efforts and carefully read and comply with these image usage terms before using any of her images. The images on this website or any other are not free clip-art and took a lot of effort and time to create. Please respect them and the artist that went to the effort to create them.
All images created by Kirstin Mills, whether electronic images, hardcopy prints, original artworks, products or web design images, shown on this website or elsewhere, are copyright © Kirstin Mills. Kirstin reserves the copyright and intellectual property rights for all of her artworks and designs and use of any of these artworks or designs is strictly prohibited without Kirstin's permission. The conditions for limited use of Kirstin's artworks and images are outlined below
You may not take, copy, use or distribute any of Kirstin's images from this website or elsewhere without reading, understanding and complying with these image usage terms. Copyright infringement is a serious offence and as such, will be dealt with very seriously.
Commercial use without a license agreement is strictly prohibited.
Commercial use of Kirstin's images without explicit written agreement in the form of a licensing contract from Kirstin Mills is strictly prohibited. Without such written agreement, Kirstin's work is not to be reproduced, resold, used or distributed in any way, including but not limited to derivative works, the selling of products, and uses in connection with the promotion of any type of product or sales. In short, if you intend to make a profit from the use of Kirstin's images you need to contact Kirstin directly to discuss a licensing agreement. Furthermore, no use of any image may infringe upon the rights of existing or potential licensees of Kirstin Mills's artworks.
Derivative works and EBay: The use of Kirstin's images to manufacture products for sale in any form or through any market such as EBay is strictly prohibited and is a serious copyright infringement. For example: sticking a Kirstin Mills print on a box and selling it is not included in the usage terms. If you wish to sell such derivative works then you need a licensing agreement.
Business and online store use: It is prohibited to use Kirstin Mills's images as part of online auction templates or as part of any online shop logo. It is also prohibited to use Kirstin's images for any business logo, stationary, promotional material or signage.
For companies wishing to license Kirstin's artworks and images, please contact Kirstin directly.
Use of Kirstin Mills's artworks on personal websites
Kirstin Mills's artworks and images may only be used on personal websites with a focus on artwork or a theme related to Kirstin's art (eg. Fantasy, new age, pagan, cats etc). Kirstin's images may not be used or represented in any way that is unrelated to Kirstin's artwork and themes. Further, the images must not be seen as endorsing or associated with any other entity, person or organization. The website must not be offensive or promote offensive materials including but not limited to R-rated materials, prejudice, porn, gambling, or other such themes. The following requirements MUST be followed to allow use of Kirstin's artwork on your personal website:
- Save the image to YOUR server, do not link to the image at www.kirstinmills.com or www.fairyartgiftshop.com
- Do not alter the image IN ANY WAY. Do not remove the copyright banner. All images must fairly represent the original work and be used in their entirety without tampering, additions, cropping or other manipulation
that would affect the integrity of the artwork.
- The webpage which displays the image or artwork must link to www.kirstinmills.com and visibly acknowledge Kirstin's intellectual ownership of the image. The following statement is acceptable for this purpose: 'Artwork by Kirstin Mills ©' Please be sure to spell my name correctly (i before r)!
Kirstin Mills licenses her artworks and images to you for the limited purpose of displaying them on your personal website and she reserves the right to revoke, amend or alter this license on an individual basis at any time.
Use of Kirstin Mills's artworks for a non-profit or charity event
Please contact Kirstin about these as usages differ. You may be offered purchase of Kirstin Mills merchandise at wholesale rates for suitable quantities or a limited usage agreement. However, in respect to manufacturer's licensing contracts and properties ownership, free use of Kirstin's artworks for some items is not permitted.
Tattoos
Tattoos based on Kirstin's artwork are allowed for individuals, but tattoo artists are not allowed to commercially offer the designs without a signed usage agreement. If you would like a tattoo of one of Kirstin's artworks you are requested to first buy a print of the artwork. This allows you to look at the artwork you wish to permanently keep on your body for a while before getting it done, and also gives the tattoo artist a good quality image to work from (so they get it right!). You may also like to send in a photo of the finished tattoo for show in the Fan Gallery!
Personal Use of Kirstin's artworks
Personal use of Kirstin's artworks and images is at your discretion, as long as it remains entirely personal and is not associated in any way with for-profit, commercial or offensive (as outlined above) material or organizations. Acceptable examples include: displaying of purchased artworks and the creation of personal works or 'fan art' based on Kirstin's art (when strictly not used for commercial benefit). With fan art, credit should always be given to Kirstin Mills for the original design/inspiration. All such personal uses of Kirstin's art, whether tattoos, creative wall displays, cushions, ceramic figures etc may be photographed and sent in for display in the Fan Gallery!
Pursuit of Copyright Infringement
Copyright infringement of Kirstin's artworks and images is treated very seriously. Generally, an informal cease and desist letter is sent to the alleged infringer as a courtesy before any formal action is taken. Compliance with this letter, i.e., removing or retracting the infringing case, is appreciated at this stage and avoids resorting to legal action. EBay auctions will be ended immediately through the EBay Vero program. Non-compliance with a cease and desist request can result in the matter being taken to official parties, including web hosts (e.g., Oztion, EBay, Second Life officials), and the courts. Those infringing copyright could be liable to pay back earnings they have made through the illegal sale of Kirstin Mills's copyrighted materials.
For those that still aren't sure: the excuse ''I didn't know it belonged to anyone'' is NOT a valid one. Every image ever created WAS CREATED BY SOMEONE and they therefore own that image, unless explicitly stated. As that excuse would not work for a stealing a car left unattended in the street, so it does not hold for stealing an artwork or image that doesn't list its creator. Yes, copyright infringement is stealing.
Reporting Illegal Use of Kirstin's Work
Copyright infringement is thievery and hurts not only the artist, who put so much time and energy into creating her products, but also the unwary consumer who may fall into the trap of purchasing fake or inferior goods. If you see Kirstin's art or associated products anywhere for sale or general use that does not show credit to Kirstin Mills or copyright acknowledgment, and is not following the terms of use on this page, please contact Kirstin directly with the details. Please do not contact the person or group yourself. The item may be licensed legally or from a legitimate retailer, but all reports are welcome. General red flags include the selling of the artwork without credit to Kirstin as the artist or the person claiming they created the artwork themselves.
Further rights reserved
These terms for the correct and proper use of Kirstin Mills's artworks and images are guidelines only. Kirstin reserves the right to make future changes to these guidelines at any time. By using any Kirstin Mills image, you thereby consent to these guidelines and any future changes. Kirstin reserves the right to require changes to any individual or group's use, layout, design, quality and other elements pertaining to any Kirstin Mills image and its use.
All Kirstin Mills's images and artworks fall under these usage and copyright terms irrespective or where or in what matter or medium they were obtained, including, but not limited to, other websites such as Facebook, MySpace, Deviant Art, or other art galleries, personal websites, purchase of original artworks, prints or products, or other licensed manufacturer's products or cataloges.
No matter if it is altered, the copyright of the artworks and images remains with Kirstin Mills under the derivative works terms of Australian and International Copyright Law. Infringement of Kirstin's copyright is thievery and will be dealt with very seriously.
For more detailed explanations of Australian and International Copyright Law see the following links:
What Is Copyright Protection?
Ten Big Myths About Copyright Explained
The Australian Copyright Council
