PhotoBank legal document

Copyright Policy

Version 1.0 · Effective date: To be confirmed

This Copyright Policy explains how Lumina Stock Media S.R.L. protects intellectual property rights and processes copyright complaints concerning content available through the PhotoBank platform.

1. Introduction

PhotoBank respects copyright and other intellectual property rights.

This Copyright Policy applies to photographs, illustrations, vectors, videos, graphics and other digital content uploaded, displayed, distributed or licensed through the PhotoBank platform available at photobank.online.

PhotoBank is operated by:

Lumina Stock Media S.R.L.
Lumina Stock Media SRL Kentford Business Center Bd. Ștefan cel Mare și Sfânt 202 MD-2004, Chișinău, Republica Moldova

Email: office@luminastockmedia.md
Telephone: +373 852464

In this Policy, “PhotoBank,” “we,” “us” and “our” refer to Lumina Stock Media S.R.L.

2. Purpose of This Policy

This Policy describes:

the responsibilities of Contributors;
how copyright owners may report suspected infringement;
what information a copyright complaint must contain;
how PhotoBank may investigate a complaint;
when Content may be restricted or removed;
how a Contributor may respond to a complaint;
how repeated infringement may affect an Account;
how PhotoBank preserves evidence and licensing records.

3. Relationship With Other PhotoBank Terms

This Policy should be read together with:

the PhotoBank Terms of Service;
the PhotoBank Contributor Agreement;
the PhotoBank Content License Agreement;
the PhotoBank Acceptable Use Policy;
the PhotoBank AI Content Policy;
the PhotoBank Privacy Policy.

If there is a conflict concerning the handling of a copyright complaint, this Copyright Policy will apply to the extent of that conflict.

4. Copyright Ownership

the original creator;
the Contributor;
the person or organization that lawfully acquired the rights;
another identified copyright owner.

Uploading Content to PhotoBank does not automatically transfer copyright ownership to Lumina Stock Media S.R.L.

Contributors grant PhotoBank the rights necessary to host, display, promote, distribute and license their Content in accordance with the Contributor Agreement.

Buyers receive a limited license to use Content. They do not acquire copyright ownership unless a separate written agreement expressly provides otherwise.

5. Contributor Responsibilities

A Contributor must upload only Content that the Contributor:

created personally;
owns;
controls through a valid assignment or agreement;
is otherwise authorized to license through PhotoBank.

Contributors must not upload:

Content copied from another website or stock platform;
Content taken from social media without permission;
Content created by another person without authorization;
Content containing unlawfully copied artwork or illustrations;
Content extracted from films, television or video games;
Content copied from books, magazines or other publications;
Content produced using unauthorized source files;
Content subject to a conflicting exclusive agreement;
Content that infringes copyright or related rights.

6. Required Contributor Records

Contributors should retain evidence showing the creation, ownership and lawful submission of their Content.

Relevant evidence may include:

original camera files;
RAW files;
unedited photographs;
original video recordings;
layered design files;
vector source files;
project files;
sketches and drafts;
file creation records;
camera metadata;
contracts and assignments;
invoices or commissioning documents;
Model Releases;
Property Releases;
permissions from other rights holders;
records relating to AI-generated or AI-assisted Content.

Failure to provide sufficient evidence may result in removal of the disputed Content.

7. Copyright Notices

PhotoBank may display copyright-related information, including:

the Contributor’s name;
the copyright owner’s name;
the year of creation or publication;
a copyright notice;
the PhotoBank Content identifier;
license information;
required attribution details.

Users must not remove, obscure or falsify copyright management information where doing so would be unlawful or misleading.

8. Reporting Copyright Infringement

A copyright owner or authorized representative may submit a complaint if they believe that Content available through PhotoBank infringes copyright or related rights.

Complaints should be sent to:

Email: office@luminastockmedia.md

The email subject should preferably state:

Copyright Infringement Notice

9. Required Information in a Copyright Complaint

A copyright complaint should include:

The full legal name of the complainant.
The complainant’s postal address, email address and telephone number.
A clear description of the copyrighted work claimed to have been infringed.
Evidence that the complainant owns the relevant rights or is authorized to act for the rights owner.
The URL, Content identifier or other information sufficient to locate the allegedly infringing Content on PhotoBank.
A description of how the PhotoBank Content allegedly infringes the protected work.
A statement that the complainant has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or applicable law.
A statement that the information in the complaint is accurate.
A statement that the complainant is the copyright owner or is authorized to act on behalf of the copyright owner.
The complainant’s physical or electronic signature.

10. Evidence of Copyright Ownership

PhotoBank may request evidence such as:

original source files;
RAW files or original recordings;
publication records predating the PhotoBank upload;
copyright registration records, where available;
contracts transferring copyright;
commissioning agreements;
licensing agreements;
website archive records;
metadata and creation timestamps;
correspondence concerning authorship;
court decisions or official documents;
other reliable evidence of ownership or authority.

A copyright registration may support a complaint but is not always required for PhotoBank to review it.

11. Complaints Submitted by Representatives

A lawyer, licensing agency, copyright enforcement service or other representative may submit a complaint for a rights owner.

PhotoBank may require:

a written authorization;
a power of attorney;
an engagement letter;
confirmation from the copyright owner;
other evidence of authority.

PhotoBank may contact the copyright owner directly to verify the representative’s authority.

12. Incomplete or Defective Complaints

PhotoBank may be unable to act on a complaint that:

does not identify the copyrighted work;
does not identify the disputed PhotoBank Content;
does not contain sufficient contact information;
does not explain the basis of the claim;
does not include evidence of ownership or authority;
contains materially false or contradictory information;
is unsigned;
appears abusive or fraudulent.

PhotoBank may ask the complainant to provide additional information before the complaint is processed.

13. Initial Review

After receiving a complaint, PhotoBank may:

confirm receipt of the complaint;
verify that the disputed Content exists;
review the information provided;
request additional evidence;
compare the disputed works;
review Contributor records;
review upload and licensing history;
contact the Contributor;
temporarily restrict the Content;
seek legal advice where appropriate.

PhotoBank is not a court and does not make a final judicial determination of copyright ownership.

PhotoBank may nevertheless take reasonable action to protect rights holders, users and the Platform.

14. Temporary Restriction of Content

While a complaint is being reviewed, PhotoBank may temporarily:

remove the Content from search results;
disable new purchases or downloads;
remove previews;
suspend related payments;
restrict the Contributor Account;
preserve the relevant files and records.

Temporary restriction does not constitute a final decision that infringement occurred.

15. Notification of the Contributor

Where appropriate and legally permitted, PhotoBank may notify the Contributor that a complaint has been received.

The notification may contain:

the disputed Content identifier;
a summary of the complaint;
the identity of the complainant;
the evidence requested from the Contributor;
a response deadline;
information about temporary restrictions.

PhotoBank may withhold information where disclosure would create a security, privacy, fraud or legal risk.

16. Contributor Response

A Contributor who disputes a complaint may provide:

a written explanation;
original files;
creation records;
copyright assignments;
licenses or permissions;
publication history;
Model Releases or Property Releases;
evidence of independent creation;
information showing that the complaint concerns the wrong Content;
other relevant legal or factual information.

The Contributor must respond honestly and must not alter or fabricate evidence.

17. Counter-Notice

Where legally appropriate, a Contributor may submit a counter-notice requesting restoration of removed or restricted Content.

A counter-notice should include:

The Contributor’s full legal name and contact information.
Identification of the removed or restricted Content.
A statement explaining why the Content was removed or restricted by mistake or misidentification.
Evidence of authorship, ownership or authorization.
A statement that the information provided is accurate.
The Contributor’s physical or electronic signature.

PhotoBank may request additional declarations or information depending on the applicable law and the circumstances of the complaint.

18. Sharing a Counter-Notice

PhotoBank may provide a valid counter-notice to the original complainant where legally permitted.

This may allow the complainant to:

withdraw the complaint;
provide further evidence;
seek a court order;
start other formal legal proceedings.

Personal information will be handled in accordance with the PhotoBank Privacy Policy and applicable law.

19. Restoration of Content

PhotoBank may restore Content where:

the complaint is withdrawn;
the complaint appears mistaken;
the Contributor provides convincing evidence of ownership;
the parties resolve the dispute;
a competent authority authorizes restoration;
PhotoBank otherwise determines that restoration is appropriate.

Restoration is not guaranteed and may be subject to additional restrictions or documentation.

20. Permanent Removal

PhotoBank may permanently remove Content where:

the Contributor admits infringement;
the Contributor cannot provide sufficient evidence of rights;
the complaint is supported by credible evidence;
a court or competent authority orders removal;
the Content violates the Contributor Agreement;
the Content creates substantial legal risk;
the Contributor does not respond within a reasonable period;
the Content was uploaded fraudulently;
PhotoBank determines that continued distribution is inappropriate.

21. Existing Licenses

Removal of Content from PhotoBank does not automatically determine whether licenses previously granted to Buyers remain valid.

PhotoBank may:

allow existing lawful uses to continue;
notify Buyers to stop using the Content;
offer replacement Content;
issue a refund or credit;
provide other reasonable remediation;
preserve records of existing licenses.

The appropriate response will depend on:

the nature of the complaint;
the available evidence;
the applicable license;
the status of the Buyer’s project;
applicable law;
any court or regulatory order.

22. Contributor Payments

When Content is subject to a copyright complaint, PhotoBank may:

temporarily withhold related Royalties;
cancel unpaid Royalties;
deduct refunded transactions;
offset amounts against future payments;
request repayment of improperly paid Royalties;
hold funds until a dispute is resolved.

Payments will not be withheld longer than reasonably necessary unless required by law, fraud prevention, litigation or another legitimate reason.

23. Repeat Infringement

PhotoBank may suspend or terminate Accounts belonging to users who repeatedly or seriously infringe intellectual property rights.

When determining whether action is appropriate, PhotoBank may consider:

the number of valid complaints;
the seriousness of the alleged infringement;
whether the conduct was intentional;
the quality of the Contributor’s evidence;
whether warnings were ignored;
whether false information was provided;
whether multiple Accounts were used;
the risk to Buyers and rights holders.

PhotoBank may act after a single serious incident where continued access creates substantial legal, security or reputational risk.

24. Account Suspension and Termination

warning the user;
requiring additional verification;
restricting new uploads;
removing disputed Content;
withholding payments;
suspending the Account;
terminating the Account;
preventing creation of replacement Accounts;
preserving records for legal purposes.

25. False or Abusive Complaints

A person must not knowingly submit:

a false copyright complaint;
a complaint concerning Content they do not own;
fabricated evidence;
a complaint intended to harass a Contributor;
a complaint intended to suppress lawful competition;
a complaint concerning a dispute unrelated to copyright;
multiple deceptive complaints concerning the same Content.

A person submitting a false or abusive complaint may be responsible for resulting losses and may have their PhotoBank Account restricted or terminated.

26. Fraudulent Counter-Notices

Contributors must not submit:

false ownership claims;
altered metadata;
fabricated RAW or source files;
fraudulent contracts;
forged releases;
false publication dates;
misleading statements about the origin of Content.

Fraudulent evidence may result in immediate Account termination, withholding of payments and referral to the appropriate authorities.

27. Other Intellectual Property Rights

This Policy primarily addresses copyright and related rights.

PhotoBank may also review complaints involving:

trademarks;
design rights;
database rights;
rights in artwork;
rights in architecture;
trade dress;
publicity rights;
privacy rights;
contractual ownership disputes.

PhotoBank may request different information depending on the right involved.

28. Trademark Complaints

A trademark complaint should identify:

the trademark owner;
the relevant trademark;
registration details, where available;
the jurisdiction of protection;
the disputed Content;
how the Content allegedly infringes or misuses the trademark;
the complainant’s authority to act.

The appearance of a trademark in editorial or documentary Content does not automatically constitute infringement.

29. Disputes Between Collaborators

PhotoBank may receive disputes involving:

co-authors;
photographers and studios;
employees and employers;
clients and commissioned creators;
agencies and represented Contributors;
former business partners;
heirs and estates.

PhotoBank may temporarily restrict Content while the parties resolve the dispute.

PhotoBank may require:

a written settlement;
a court decision;
a valid assignment;
joint instructions from the parties;
other reliable evidence of authority.

30. Use of Automated Detection Systems

PhotoBank may use automated or semi-automated systems to identify:

duplicate Content;
visually similar images;
previously removed Content;
known infringing files;
metadata inconsistencies;
suspicious upload patterns;
possible AI-generated Content;
other indicators of infringement or misuse.

Automated detection is an investigative tool and does not necessarily establish that infringement has occurred.

Where appropriate, PhotoBank may conduct a human review before taking permanent action.

31. Preservation of Evidence

PhotoBank may preserve information relating to a copyright complaint, including:

submitted files;
original upload files;
metadata;
Account records;
IP addresses;
upload timestamps;
license and download records;
payment records;
communications between the parties;
complaints and counter-notices;
internal review records.

Records may be preserved for legal compliance, dispute resolution, fraud prevention, enforcement and defense of legal claims.

32. Disclosure of Information

PhotoBank may disclose relevant information:

to the complainant;
to the Contributor;
to legal representatives;
to payment providers;
to insurers;
to courts;
to law enforcement;
to regulatory authorities;
to other persons where disclosure is legally required.

PhotoBank will seek to limit disclosure to information reasonably necessary for the relevant purpose.

33. Legal Requests and Court Orders

PhotoBank may remove or restrict Content in response to:

a court order;
an injunction;
a lawful regulatory request;
a law enforcement request;
another binding legal obligation.

PhotoBank may comply without first completing its ordinary internal complaint procedure where immediate compliance is legally required.

34. No Legal Advice

PhotoBank does not provide legal advice to Contributors, Buyers or complainants.

Users should obtain independent legal advice when they are uncertain about:

copyright ownership;
fair use or statutory exceptions;
the validity of an assignment;
the scope of a license;
trademark clearance;
privacy and publicity rights;
the legal status of AI-generated Content;
available legal remedies.

35. No Duty to Monitor All Content

PhotoBank may review Content but is not required to identify every possible infringement before publication.

Acceptance or publication of Content does not constitute:

confirmation that the Contributor owns all rights;
legal approval of the Content;
a guarantee that no third-party rights are affected;
a waiver of PhotoBank’s right to remove the Content later.

36. Cooperation With Investigations

Users must reasonably cooperate with PhotoBank in copyright investigations.

Cooperation may include:

responding to information requests;
providing original files;
providing contracts and releases;
preserving relevant records;
confirming the identity of rights holders;
stopping disputed uses where required;
complying with lawful decisions and orders.

37. Buyer Notifications

PhotoBank may notify Buyers who licensed disputed Content where:

continued use may create legal risk;
the Content is removed for infringement;
a court order affects the Content;
a replacement file is offered;
a license is cancelled or modified;
other remedial action is reasonably necessary.

Buyers must follow reasonable instructions provided under the Content License Agreement.

38. Refunds and Replacement Content

Where appropriate, PhotoBank may provide:

replacement Content;
an Account credit;
a refund;
assistance removing the disputed Content;
another reasonable remedy.

Any refund or replacement will be governed by the applicable License Agreement, Refund Policy and mandatory law.

39. Limitation of Responsibility

To the maximum extent permitted by law, PhotoBank is not responsible for:

false information submitted by a Contributor;
fraudulent evidence submitted by a complainant;
unauthorized copying by third parties;
uses of Content outside a PhotoBank license;
delays caused by incomplete complaint information;
disputes that require a court to determine ownership;
losses that could not reasonably have been prevented.

Nothing in this Policy excludes liability that cannot lawfully be excluded.

40. Changes to This Policy

PhotoBank may update this Copyright Policy to reflect:

changes in copyright law;
changes to Platform procedures;
new Content types;
new infringement-detection tools;
changes concerning AI-generated Content;
new legal or regulatory obligations;
security and operational improvements.

The revised Policy will be published on PhotoBank and the “Last updated” date will be changed.

41. Governing Law

This Copyright Policy is governed by the laws of the Republic of Moldova, without regard to conflict-of-law principles.

Mandatory legal rights and remedies available under other applicable laws remain unaffected where they cannot lawfully be excluded.

42. Contact

Lumina Stock Media S.R.L.
Kentford Business Center Bd. Ștefan cel Mare și Sfânt 202 MD-2004, Chișinău, Republica Moldova

Email: +373 852464

Please use the following email subject for copyright complaints:

Copyright Infringement Notice

Before the commercial launch of PhotoBank, a dedicated copyright email address should be created, for example copyright@photobank.online, and substituted for the temporary contact email used in this document.