chapter 3 chapter 2 chapter 1.5 chapter 1 resume contact
Copyright Information
Rights and Permissions





A Note to Writers, Curators, and Visitors: The artist recognizes that the use of images to accompany publications on related subjects may be desired by the authors of critiques, blogs, articles, or other such commentary for publication. The artist would like to support such uses, however, due to the nature of the internet and the ease of duplicating digital files, the protection of an artist's copyrights in his or her work has become particularly challenging. Unfortunately, that problem has been experienced in this case, and we hope that you understand this concern. However, to the extent that it is possible, we will try to work with you to provide the images that you may seek to use for publication in a manner that we hope will lessen copyright related concerns. Please contact the artist's representative in regard to requesting permission to the use any images for publishing purposes and for any questions thaty you may have regarding these issues or about the artist or the artwork. Thank you.

All of the artwork presented on this website, images, digital files, graphic images & elements, arrangement, literary works, and text are copyright © Koya Abe 1997-2017. All rights are reserved. All uses are subject to the terms, limitations, and conditions of use designated below, unless otherwise authorized, in writing, by the artist or his legal representative.



In general:

Art Professionals:  (Art museums, art gallery curators/directors and other art industry professionals only) may retain low-resolution print-outs or screenshots made from the website for reference purposes. The materials should be destroyed once they are no llonger used for the specified reference purpose. There is no license provided or implied for any reproduction, distribution, or other use (see terms of use below for more detailed info). Please contact us if you wish to use images in any other way, or if you would like more information about the artist or the artworks.


Press:  Limited excerpts from text/literary materials on the website may be used for news publications so long as they are properly attributed to the artist with the copyright notice, and so long as the artwork is a subject of commentary.  Images of the artwork may not be used to illustrate an unrelated article, for general illustration purposes, or for publications that do not concern or relate to the artwork or to the artist. Images of the artwork may not be used in connection with advertisements, or in any manner that implies a connection to any type of advertisement. Unaltered images of the artwork maybe used for non-commerical press related purposes, such as art critique and news articles, with attribution to the artist and the copyright clearly indicated. All reproductions of artwork images must be attributed to the artist and accompanied by a copyright indication (mark) and year, identify the artist by name, and if sourced from the website, must also include the website's main URL (www.koyaabe.com). Digital files of the material used for such purposes should be destroyed once the pertinent publication related process or processes are completed. Unless expressly authorized otherwise, for any and all reproductions, copies, or displays, an image of the artwork may not be visually cropped, and digital watermarks and other identifiers may not be removed or concealed.

For publication uses requiring high resolution or "clean" images or other requests, please contact the artist’s representative. Include information about the intended use, media (online or print, preferred resolution, etc.) and anticipated dates of use and a response will be made as soon as possible. We will try and meet your deadline, but please contact us several days in advance whenever possible. 

Please also see terms and conditions of use, below, for more information.


Commercial uses of any kind are not permitted without the artist's agreement and the express written authorization of the artist/copyright holder or his legal representative.


Education related uses:  Please contact the representative for any questions and/or to request authorization when applicable.  It is helpful if you can describe your intended use, and a response will be made as soon as possible.


Personal & all others:  For any use or questions, please contact the representative for information and/or authorization when applicable.   If in doubt, please send us an e-mail and a response will be made as soon as possible. Also, see terms and conditions of use, below, for detailed information.



MORE
Legal & copyright information




COPYRIGHT NOTICE, legal notice, including
terms and conditions of use of website images:

Definitions:  The following definitions apply to the information stated on this page. "Website" unless otherwise stated, means the website located at http://www.koyaabe.com, including all subpages and ancillary pages, including that which is identified as www.koyaabe.com and subpages and ancillary pages, regardless of (URL) location. The "artist" means Koya Abe, his heirs and assignees. "Material" is all artwork images, digital files, html code, graphic images and elements, arrangement, literary work and other text, displayed on or forming a part of the website (http://www.koyaabe.com).  Material also includes reproductions made of these articles, regardless of where they may be located or displayed.  "Reproduction" means any form of copying or duplication, including but not limited to downloading, printing, facsimile transmittal (fax), scanning, photocopying, photographing, or digital duplication/copying.  (Merely viewing, without other action, in a web browser without otherwise downloading or copying the material is a form of reproduction that is accpetable without specific authorization, as a means of viewing/accessing the website content).  "Distribution" means any form of dissemination of the website material, including artwork images, by the means of, but not limited to, electronic communication (web, e-mail, messaging, server transfers, etc.), by fax, or any other type of transfer in physical or digital form or any form.  "Commercial use" is any form of sale, lending, renting, promotion or advertising, or any display associated with goods or services for sale or for potential sale, regardless of whether such actions or associations generate monetary revenue.  "Internet" includes but is not limted to the physical devices and communication processes known as the "world wide web," and electronic visual communications, telecommunication, texual communications, distance data transfer, audio communications and related processes and services, and related devices and functions which effect such communciations. Internet also means any such process, device, function or service so designated in the future, or serving a similar or related function. "Online" means any form of display or dissemination that is viewable or accessible via the internet or any intranet/extranet or network, to anyone or to any device.  "Public display" means any form of exhibition or display of the material, including online presentation, which can potentially or actually be viewed, either simultaneously or non-simultaneously, by more than one person at the same time, with little or no limitation.

Terms of Use:  Nothing stated herein is intended to imply, and does not create, and shall not be construed to create any license to reproduce, copy, display, disseminate or create a derivative work of any image or text shown on the Website, or any other component of the Website. Notwithstanding the afore condition and the artist's reservation of all rights, any use of the materials must include attribution (artist’s name) and signify that the work is protected by copyright, unless otherwise specified.  For any uses occuring outside the physical boundaries of the United States of America, European Union countries, United Kingdom, Japan, or South Korea, or when any uses, including online display, that may result in display or any form of reproduction outside of the afore countries, a copyright notice must be clearly visible on the face of the material.  The copyright notice should be in the form presented in association with the image on the website, and in addition, must comply with any local standards for such a notice if they differ from the website format or the terms of this notice. However, unless expressly authorized, each and every use must include the artist's name and signify that the image/material is protected by copyright.  Commercial uses of any kind, without express written permission of the artist or his legal representative, are strictly forbidden. Further terms of use, for press purposes, art professionsals and personal use are stated above and hereby incorporated into the terms of use. To the extent that any terms herein are ambiguous, or to the extent that there is any actual or perceived conflict of any term, then the statement shall be construed as reserving the artist's rights and no license is granted or implied. Any use or potential use of the material which is not contemplated or addressed herein is forbidden without express authorization of the artist or his legal represenatative. Digital files for any use online must include a link back to either this page (http://www.koyaabe.com/rights.html) or the main website page (http://www.koyaabe.com) within the “file info” section, or similiar, of a digital image file or in print adjacent to the image or text. Again, the afore is not intended and shall not create any license or permission to reproduce, display, or disseminate any images, text or material from or contained in the Website.  If any terms herein are found to be unlawful or ineffective, the remain terms shall survive. Any such dispute arising from the putative agreement or license shall be governed by the laws of the State of New York and by the laws of the United States of America, including as allowable by the law, statutory damages and fees. In the event of any legal dispute, the licensee or putative licensee agrees that the Courts of the State of New York, United States of America, are the sole venue for such action and shall submit to the jurisdiction of such courts of law. By performing any acts that are permitted by this statement or agreement, including any of the terms or authorizations specified anywhere on this page or this statement, the person or entity taking such action, including any agents of an entity or person, agrees to be bound by the terms herein and acknowledges that notice of the copyrights of the materials has been received by said person or entity. By using any image or images or other material from this website in any manner, you agree to be bound by the terms and requirements described above.
These terms and conditions of use may be altered or amended at any time by the artist/author of the materials and by the copyright holder/owner and any such alterations or amendments are retroactive unless otherwise stated. Agreement to these Terms of Use is self-executing. To the extent that any license is stated or implied, such license may be altered or revoked by the artist, author, or by his legal representative at any time. In the event that a user or putative user does use the material in anyway that may be construed as an exercise of lawful speech, such user shall agree to the requirements stated herein, including but not limted to the requirement to mark the material with the copyright notice, the artist's name, and the website URL. Material, including images, text, or other material from or contained in the website shall not be altered, modified, or mutilated in any manner. Any use that includes altered, modified, or mutilated versions or copies of the material, excluding mere excerpts of text, shall be deemed as violating the terms herein and shall be deemed as injuring the artist's rights, including but not limited to his rights of integrity, reputation, and other rights associated with visual art, trademark, and copyrights. Alteration, modification, and mutilation includes but is not limited to cropping an image, removal or obscuring of any copyright mark or indication of the artist's identity, removal of attribution, a derivative work, or any other changes to the material (excluding properly attributed limited excerpts of written text).
Irrespective of any other term or condition of use, and irrespective of any license that may be stated or implied, the artwork shall not be used in connection with any publication or organization that pertains to, supports, implies, or condones any form of unlawful discrimination or any material that demeans, attacks, or otherwise harasses or discriminates against any person on the basis of his or her actual or perceived race, national origin, alienage, age, sex, gender, sexual-orientation, religion, or immigration status, or which encourages any person or entity to do so. Such uses are expressly prohibited.
Other than the limited uses granted on this page, and those specifically permitted by the law of the United States of America and the State of New York, all rights are reserved. The limited uses stated at the top of the page are fully revokable by the artist.  All rights of reproduction, distribution, public display, creation of derivative works, publication, and any form of commercial use, or transfer, are expressly retained. Additional and other uses, or any exceptions to this statement/agreement, may be authorized only upon the express written permission of the artist/author or copyright holder/owner.  

In the event of any dispute related to this notice, or to any actual, potential, or alleged infringement of rights, including the artists' copyrights, contract rights, and other rights legal or moral rights that may be claimed by a visual artist or author, the initiation of any such legal dispute by any user, licensee, or other individual, corporation, entity, or partnership, other than the artist/author, shall submit to the jurisdiction of the courts of the United States of America which are situated within the State of New York, and the County of New York. If in the event that any of the conditions or terms herein are determined to be unenforceable by the artist/author, then the remainder of the notice and or agreement, shall remain in effect, and shall be resolved in favor of the rights of the artist/author. The artist/author retains the right to change or revoke the terms, conditions, and any other part of the notice and/or agreement at any time. Beyond those limited permitted uses that are expressly and unequivcally stated herein, at all times, the artist/author retains all rights.

Irrespective of the above, no license or permission of any kind is granted or implied to any individual person, organization, group, country, or any other entity that is physically located in a nation or area that is not a signatory to the Berne Convention for the Protection of Literary and Artistic Works treaty and no license is granted or implied to any potential user or user that is physically located in a nation or area that is  not a signatory to the World Intellectual Property Organization Copyright Treaty, and in such case, material from the website may not be downloaded, reproduced, displayed or disseminated or used in any manner.  Further, any material obtained from the website, directly or indirectly, shall not be transferred or brought into any such area in any manner. Due to the actual or possible lack of full protection for copyrights and artist's rights in such areas, the author/artist is unable to grant any permission to use any material in such cases.



Last update: 10/2/2017

Please feel free to contact the artist’s representative for any information, questions, or permission requests at rights@koyaabe.com.  Thank you
.




Additional Resources: Information about copyrights, permitted uses and rights related to visual art are available from the U.S. Copyright office.
Berne Convention treaty general information and signatories: WIPO, Copyright House UK
World Intellectual Property Organization Copyright Treaty: WIPO (1998 signatories), WIPO WCT (treaty).


Please be advised that the information concerning resources and the links are provided for convenience and informational purposes only and do not imply any confirmation of the accuracy of the content of such websites or resources.