USE POLICY FOR PHOTOGRAPHS FROM

THE PERU EXPORT AND TOURISM PROMOTION BOARD (PROMPERÚ)

IMAGE BANK

 

The objective of this policy is to regulate the use of PromPeru’s image bank photographs for promoting exports and tourism and spreading a positive image of the country.

 

The policy’s provisions must be followed by all users, whether PromPeru units and divisions or third parties granted a use license for photos.

 

After the competent division’s evaluation, PromPeru may authorize Peruvian or foreign individuals with a business or legal entities under public or private law to use the photographs through a freely granted use license that shall only be applied to those works to which PromPeru owns the economic rights. [1]

 

Staff attached to PromPeru divisions or units that must use photographs in their work may do so after receiving authorization from the corresponding level.

 

All photographs are copyright protected.

 

I.          SCOPE OF USE

 

  1. PromPeru: in printed, digital, and multimedia publications and in actions and pieces that promote Peruvian exports and tourism or that spread the country’s positive image nationally and internationally.

 

  1. Third parties: in non-commercial activities that promote Peruvian exports and tourism and that spread the country’s positive image, namely publicizing, informing, and promoting tourism destinations and opportunities and export products, services, and opportunities, as well as promoting and spreading the country’s positive image.

 

II.        CONDITIONS OF USE

 

1.       Users shall only use photographs that PromPeru provides, according to the purposes authorized or granted in the use license.

 

2.       Users must request PromPeru’s authorization or corresponding use license each time they use a photograph, describing how or where they shall use it. Photographs may not be reused.

 

3.       All photographs with names, people, trademarks, commercial images, logos, designs or works of art or architecture that are represented in the material must have the corresponding authorizations before PromPeru grants the use license.

 

4.       All published photographs (printed or digital) must bear the respective author and owner credits (name of photographer and PromPeru, respectively) as acknowledgement of moral and economic rights. [2] Please follow specific PromPeru image bank reporting instructions for that purpose.

 

5.       Users must present PromPeru with an example of the publication or material (hard copy or digital format) in which the PromPeru-provided photographs were used.

 

6.       Users shall not alter or modify photographs; thus, their elements and composition must remain intact. The only permitted modifications are brightness and contrast adjustments and change to gray scale or shades of colors, depending on the print type and amount of ink used. Users shall not extract sections, elements, segments, aspects, etc. to insert them in another composition, unless they receive express authorization to do so.

 

7.       PromPeru shall not be held liable whatsoever for any warping, modification, or mutilation the photographs may undergo and/or any erroneous information used in association with them.

 

8.       PromPeru shall not assume any administrative, civil, or criminal liability derived from third part use of photographs.

 

III.      NON PERMITTED USES

 

In regards to any PromPeru-authorized or licensed photographs, users shall not:

 

a)       Cede, transfer, distribute, sell, and/or market them.

b)       Use them for any purpose other than that requested.

c)       Use them in logos or trademarks

d)       Use them for political ends or purposes unrelated to promoting a positive image of Peru.

e)       Use them in obscene and pornographic material or with sensitive issues that violate the right of privacy or show people in a negative or unfavorable light.

f)        Violate copyrights, trademark rights, or privacy and image rights

g)       Use them in any material that links the people in them to a commercial or political end.

h)       Use them in a way that places the people in them in a compromising situation, i.e. showing mental or physical problems, substance abuse, criminal activity, sexual activity or preference, etc.

 

IV.      NON COMPLIANCE

 

PromPeru reserves the right to take administrative, civil, or criminal action for non compliance with copyright laws for anyone it authorizes or licenses to use the photographs, notwithstanding actions provided in copyright and related rights legislation the owner of the photograph or its rights holder may take before the competent authorities.

 

 

 

San Isidro, January 2012

 

 

 

 

PromPeru General Secretary



[1] In particular, economic rights comprehend the exclusive right to do, to authorize, or to prohibit actions, including, but not limited to, the following:

-       Reproduce a work by any means or procedure.

-       Publish the work through any means.

-       Distribute the work in public.

-       Translate, adapt, arrange, or transform the work.

-       Import copies of the work to Peru by any means, including transmission, without authorization from the rights holder.

-       Use the work in any other way that is not included in the law as an exception to economic rights.

[2] Moral rights are provided under copyright law. They are perpetual, inalienable, unseizable, unwaivable, and imprescriptibles.