Terms of Use

Summary

Unless explicitly mentioned otherwise, Darby Sawchuk owns the exclusive copyright to all photographs and text appearing on the dsphotographic.com site. No images are within the Public Domain.

1. Private use, limited to: (a) personal, non-commercial purpose or (b) sample, design, test, or layout use (“comp use”), can be done without permission. All other uses require written permission obtained through email.

2. Public use (diffusion by any means) for non-commercial purpose by individuals and all-volunteer organizations whose causes I support will likely be granted free permission, but approval is required. Free permissions always require proper attribution and no alterations.

3. All others will need a licensing contract and payment. See licensing to learn how you can receive a high resolution, digital file quickly delivered. Note that licensing fees start at $150 (minimum fee generally applies only for small sizes and/or number of copies, or some web uses), and that no free licenses are granted solely in exchange for credits or links.

2. Image uses that do not require a commercial license

2.1 Private use for personal, non-commercial purpose is free

Personal (and only personal) non-commercial, private use is encouraged and includes:

  • Screen saver or background image on your computer
  • Emailing a copy to a friend
  • Printing a few images from your printer (for something nice to display on your wall, consider getting a photographic print)

The above image usages do not require written authorization and apply only for the low resolution images that can be downloaded directly from the site.

Please note that these are for private use only. All other usage, including the distribution or reproduction of multiple copies, performance or otherwise use in a public way of the images or text require written authorization.

2.2 Public use (diffusion) for personal, non-commercial purpose requires permission

Permission will likely be granted for free for the following types of reproduction:

  • Making derivative works such as paintings and drawing for personal or educational use
  • Limited diffusion in personal educational documents such as school reports and thesis (for student only).
  • Displaying on a personal non-commercial web page (this excludes self-promotional web pages) provided that you display next to the image: (a) copyright information and (b) an active link to www.dsphotographic.com. A code like the following is appropriate:

photo by Darby Sawchuk/dsphotographic.com, all rights reserved.

However, you need to email for authorization with ID numbers of the image(s) you wish to use, the details of your project, or the address of your finished web page. Please be sure to read the section General Conditions.

2.3 Public use (diffusion) for all-volunteer organizations requires permission

If you are a all-volunteer organization with no paid staff or membership fee, and you provide only free services or information, you will likely qualify to use free image for:

  • The organization’s brochure, newsletter or slide/Power Point presentation.
  • Displaying on the organization’s web page, provided that you display next to the image: (a) copyright information and (b) an active link to www.dsphotographic.com. A code like the following is appropriate:

photo by Darby Sawchuk/dsphotographic.com, all rights reserved.

All-volunteer organization image use requires written authorization and applies only for the dissemination of information. Free use will not be granted for fund raising activities, nor for any organization that has paid personel, or charges for services or membership. For consideration, email with the following information: (a) Name, full address and background of the organization, (b) Intended usage for the image(s), (c) Address of the non-profit web site (if any). (d) State explicitly that nobody in your organization is paid (merely stating that they are not paid for the task for which image(s) are required is insufficient). Please be sure to read the section General Conditions.

2.4 General conditions for free image use

Grant. Free image use can only be obtained by emailing us, after you receive an email granting the permission. If you do not receive an answer, it probably means permission is was not granted.

Applicability. Free image usage applies only for the low resolution images that can be downloaded directly from the site. No free public usage will be granted for the high resolution images available by subscription, and no high resolution images will be sent for free.

Attribution. No free images or text may be used without carrying appropriate copyright information next to the images or text, acknowledging that the copyright to is owned by “Darby Sawchuk/www.dsphotographic.com”.

No derivative works. All free images must accurately represent the original work and be used in their entirety. Tampering, additions, cropping, low quality reproduction, or other alterations and tranformations that would affect the integrity of the image are not permitted. This includes removal of the “© Darby Sawchuk/dsphotographic.com” mark.

Rights. The images or text of “Darby Sawchuk ” which you obtain from any source are licensed to you by Darby Sawchuk for the limited purpose of personal, private use. In case of public use, any grant of rights is only for the specific use for which you were granted permission. Any other subsequent use requires a separate authorization. Further no license is granted in respect of any property rights. This does not mean that the title to the image was transferred to you. You own the medium on which the images or text are recorded, but Darby Sawchuk retains full and complete title to the images or text, and any intellectual property rights therein.

dsphotographic.com reserves the right to make future changes to these guidelines. By using any “Darby Sawchuk ” image you thereby consent to these guidelines and any future changes.

3. Linking, framing, spidering

You are always encouraged to make a link to any of the web pages (html files) included in this server without any restriction. In fact, if you have enjoyed this site or if it has been useful to you, and if you happen to maintain a web site, I would appreciate if you would give me a link.

The following are not authorized in a large scale:

  • Embedding images into a web page, that is have a direct (“hot”) link (img src) to any image (jpeg file).
  • Using programs to automatically download or spider large portions of the dsphotographic.com site for other purposes than indexing.
  • Framing of any of the dsphotographic.com web pages.

I will tolerate them if done sparingly, but in case of abuse, I will deny access to offenders.

The above text has been based on text from terragalleria.com. Used by permission.