photographic images and articles are Copyrighted © 2001 by John
All Rights Reserved
The Legal Stuff:
NOTICE: All Rights Reserved. Reproduction of images (or any parts of an image) or writings on this web site by any means (including electronic, mechanical, recording by an information storage and retrieval system, derivative art and artistic rendering) is prohibited. The use of any image on this web site for any purpose requires the express permission in writing (a license) by John Petrak.
A Personal Note:
I travel extensively and spend tens of thousands of dollars annually to gather images to sort and filter a select set to share for the personal pleasure of visitors to Ocean Photos as well as to offer my work commercially to those that have specific image needs.
I've long ago lost track of the cost of photographic, scuba and computer equipment. The photographic sessions constitute only a fraction of the effort to present my art. Coupled with studio, computer and editorial time, the commitment approaches forty hours a week. Yes, this is a full time job; in addition to my other one!
If you respect my work enough to want to use it for a purpose other than personal viewing. I license charitable and non-profit causes (especially environmental) frequently at no or low cost, asking only for photographic credit. Commercial, non-exclusive rates are reasonable and consistent with industry standards. Exclusive and assignment rates are negotiated depending on the image and the assignment.
Copyright © FAQs
Are the images on the Ocean Photos web site protected by copyright?
Yes! I hold the legal copyrights to the images and materials available online. I include a copyright notice imbedded in all images to protect my copyright to the digital files that I create. The images on Ocean Photos are offered only for the personal viewing pleasure of Ocean Photos visitors as well as for the commercial promotion of my art.
Until recently, I had refrained from the use of digital tracking technology on images presented on Ocean Photos because of the slight degradation of image quality. Unfortunately, all too often I found my copyrighted images images used without permission or credit. As a result, we have engaged Digimarc to watermark and track the use of the images of Ocean Photos.
If an image of Ocean Photos is posted on the Internet or otherwise published without permission, we will be notified and the user of the unlicensed work of John Petrak will be held liable for license fees as well as other damages specified by copyright infringement laws. Commercial use of the image implies consent for liability for fees and royalties to Ocean Photos and John Petrak.
How can I use the images I see?
Viewers of this web site are allowed to browse images, but only for personal use. Any other use (e.g., making multiple copies, displaying images publicly, placing on a web page, redistributing files electronically or using images for personal or corporate gain) requires express written permission from me. Commercial use of any image or material here without such permission would constitute copyright infringement and may infringe other rights.
I know I can browse through the images and download them, but can I print them?
Yes. As long as your printout is for personal, non-commercial, non-public use.
Can I send images or image files to others?
No. You can browse, download, or print images for personal, non-commercial use, but you cannot distribute copies of images or image files or other material to anyone else for any reason.
Can I make multiple copies of an image?
No. You can browse, download, or print images for personal, non-commercial use, but making multiple copies of an image would constitute infringement.
Can I play with the images; can I alter them?
Yes, but only for personal, non-commercial, non-public use. You cannot add or use our images in part or in whole or combined with other images for commercial or public display including posting on a web site. This would constitute infringement.
What is non-commercial use?
Generally, non-commercial use means a use in which nothing of value changes hands between you and someone else.
If I send images to my friends for free, there's no money involved. Why can't I do that?
First, you are providing them with something of value. Second, the use must be both non-commercial and personal. If you distribute images to others, the use is no longer personal. Third, you would be making multiple copies of the images, which is not allowed.
Can I put images on a T-shirt but don't sell the shirt, that would be non-commercial. Is it personal? Is it OK?
No. First, to make a T-shirt you would have to make multiple copies of an image, which is not allowed. Second, if you wore the shirt you would be displaying my work publicly, which is not personal and not allowed.
Is scholarly research non-commercial? Can I use images in my research paper?
Yes, but only if there is no commercial component to the research and only if the resulting research is not published, reproduced or distributed to anyone. So you could incorporate an image into a research paper prepared for school, but not if the paper were going to be published or archived or microfilmed or distributed in any way.
A lobbying group in Washington recently released "The Netsurfer's Simple Guide To Copyrights," which distills U.S. copyright law into five maxims:
If you didn't create a written work, art, photograph, or music, or obtain distribution rights to it, you don't own it.
If you don't own it, you can't copy or distribute it.
The author or owner must explicitly relinquish rights for a work to be placed in the public domain.
Fair use allows copying of small portions of a work without the owner's permission, but only for criticism, education, and news reporting.
When in doubt, ask for permission to use a work.
Thank you for taking the time to visit Ocean Photos and read this page.