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Trademark
The Smokin' Award AP will allow sites to display trademark logos including railroad heralds as
long as the three following steps are met.
- You acknowledge the holder of the trademark(s).
- If the submitted site is unofficial, you must have a disclaimer
stating that the website is in no way affiliated or endorsed by the railroad product or service whose
trademark(s) is being shown.
- The trademark(s) graphic is displayed properly, in the correct color, over the
proper background and whose shape is not distorted. Note: do NOT use logos as a background image.
Copyright
If you use any of the following material, you must get written consent to use it. In order
for a site to qualify for the Smokin' Award AP you need to state on your site
that you have received this permission and to list the source and author of the material.
- Posting ANY photographs or artwork that is not the webmaster's.
- Posting ANY written work that is not the webmaster's.
- Playing ANY audio, be it sound effects or music that is
not the webmaster's. This includes .mp3, .wav and even .mid (MIDI) files.
Fair Use Policy
Under special circumstances the Smokin' Award AP will allow copyright material
without the permission of the copyright holder. The source and author of the copyright
material must be listed. To be eligible, your website must meet most of the below
conditions:
- The submitted website is noncommercial.
- The purpose of use is to educate, research, report or
to make a parody (Not to entertain).
- The original material is factual.
- The original material is published.
- Only a small amount of the original material is used.
- Text: Excerpts from the original work not totaling
more than 1,500 words.
- Photos: No more than five images from one artist or
photographer, and no more than 10% or 15 images (whichever is less) from the original
work.
- Sound: No more than 10% or 30 seconds (whichever is
less) of the original material.
- Motion Media: No more than 10% or 30 seconds
(whichever is less) of the original material.
- The original material is used in a new and unique way.
- The new work should not affect the market for the
original material. (Photographs must be 640 pixels or less in width and in height.)
DISCLAIMER: Meeting the above conditions does not
imply that the submitted website is free of any trademark or copyright infringements. It only means
that a website is eligible for an evaluation by the Smokin' Award AP. The staff of the
Smokin' Award AP are not lawyers. It is advisable to consult an attorney for any questions
concerning trademark, copyright or fair use issues.
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