Use and copyright

Use

Bicycle outside the Apple Tree Sandwich Shop, New Denver, British Columbia Image 1060-3272-4363-0045

Everything on this web site is protected under Canadian copyright law (Copyright Act ( R.S. 1985, c. C-42 )).

If you want to use any of the stories or photographs on this site, please contact me to make a request. We will negotiate a fee depending on your use and budget. For articles or other literary works, I will send you a copy of my standard writer's or editorial contract. For photographs, I will send you a copy of my standard photographer's contract.

The photographs on this site are samples reproduced in low resolution to conserve disk space and bandwidth. They are not suitable for use in publications. If you are designing a project you may use the images on this site to fill-in for the high resolution versions. You may not publish an image from this site without purchasing a license.

Commercial Use

You may not use any materials, including articles, text or photographs, posted on this site without my express, written permission.

Your use of materials is subject to the terms and conditions of my standard writer's, editorial and/or photographer's contract(s). For your convenience, I have provided sample copies of these agreements as PDF files, below. Please note that actual terms and conditions may vary depending on your intended use of the materials.

• Standard Writer's Contract
• Standard Editorial Contract
• Standard Photographer's Contract

Personal Use

Personal use of materials posted on this web site is considered fair dealing. You may re-distribute materials to others, provided that such re-distribution is for research, private study or personal use. You must include a copyright notice as described in "Fair Dealing", below. You are not permitted to receive a fee or any other consideration for your use of my materials. Any use not considered fair dealing is an infringment of my copyright.

Model Releases

Except for specific assignments, I do not convey model releases. If necessary, it is the responsibility of the client or user to obtain release prior to usage.

Fair Dealing

Fair dealing for the purpose of research or private study does not infringe copyright, provided that one of the following notices appears adjacent to or within each photograph, article or other work: © <<Year –date-of-job>> Darrell Noakes, http://www.DarrellNoakes.com or Copyright <<Year –date-of-job>> Darrell Noakes, http://www.DarrellNoakes.com.

I am the author or producer of all works appearing on this web site. However, in some cases, I am not the copyright owner. Where this is the case, a copyright notice appears adjacent to the work. Use one of the following notices when I am not the copyright owner: © <<Year –date-of-job>> <<name of copyright owner>>, http://www.DarrellNoakes.com or Copyright <<Year –date-of-job>> <<name of copyright owner>>, http://www.DarrellNoakes.com.

Note that the year or date and the copyright owner do not appear in brackets. The URL may appear within a single set of angle brackets. For example, either © 2001 Darrell Noakes, http://www.DarrellNoakes.com or © 2001 Darrell Noakes, <http://www.DarrellNoakes.com> is acceptable for a photograph downloaded and used in 2001. For more information about citing Internet references, see the links on the left side of this page.

The notice must appear adjacent to or within each photograph, article or work. You may not alter any article, photograph or other work in any way.

The line between fair dealing and infringement is a thin one. There are no guidelines that define the number of words or passages or photographs that can be used without permission. If you're not sure whether your intended use constitutes fair dealing, please contact me.

Notwithstanding the foregoing, I reserve all rights and remedies at law and in equity for damages resulting from breach of my copyright.

Protection

Copyright protection in Canada is automatic. Copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, and for 50 years following the end of the calendar year. Even if you don't see a copyright notice, you must understand that the work is still protected by copyright.

An author retains what are called "moral rights". This means that no one, including the owner of the copyright, is allowed to distort, mutilate or otherwise modify a work in a way that is prejudicial to the author's honour or reputation. An author cannot sell or transfer moral rights, but can waive them. It is my policy not to waive moral rights for any reason. Moral rights exist for the same length of time as copyright.

Canadian authors receive international copyright protection under the Berne Copyright Convention, the Universal Copyright Convention (UCC), and the the World Trade Organization (WTO).

Infringement and remedy

Anyone who uses my works without my permission (except for fair dealing as descibed above) is infringing, or violating, my rights. Canadian copyright law provides for both civil and criminal remedies.

Civil remedies entitle me to obtain immediate injunction against the infringement, to recover my costs and losses, and to recover all profits made by others as a result of the infringement.

In addition, the Copyright Act entitles me to recover "statutory damages" of $20,000 per work infringed. In recovering statutory damages, I do not have to prove damages or profits. I have to show only that the work was used without my permission.

Criminal remedies permit the courts to impose a fine of up to $25,000 or a prison term of up to six months, or both. In some cases, the courts may impose a fine of up to $1 million or a prison term of up to five years, or both.

Please read the following terms and conditions regarding your use of this web site

If you use anything you find on this web site without my permission, including but not limited to photogaphs and articles, you agree to the following:

As the author or photographer of the work, I am entitled to obtain immediate injunctive relief to prevent further infringement. I do not have to post a bond to obtain injunctive relief, or if a bond is not waiveable, it will not exceed $100.00. I am entitled to recover from you the greater of my actual damages, or statutory damages of up to $20,000.00, in cases of non-willful infringement. In each instance, I am entitled to recover reasonable legal fees incurred and related costs in enforcing my rights under the Canadian Copyright Act, and under each federal or ancillary provincial law under which I am awarded or granted damages.

Your use of materials on this web site constitutes an agreement that shall be interpreted and governed by the laws of Canada, all applicable provincial legislation and international conventions including the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property Rights. This agreement shall be deemed to be a contract made under the laws of Canada and the Province of Saskatchewan and for all purposes shall be interpreted in its entirety in accordance with these laws. By making use of any copyrighted materials on this web site, you specifically and irrevocably confer personal jurisdiction over you by the courts of the Province of Saskatchewan. You waive all rights to contest each court proceeding on the grounds of personal jurisdiction, venue and forum non-convenience or other rules of conflict. In the event of any award or judgment in my favour, or any settlement between us, you shall pay all costs and expenses incurred by me and my legal counsel, including, but not limited to, reasonable legal fees, arbitration and court costs, associated expenses, and legal interest on such award, judgment, or settlement.

Disclaimer

All contents of this web site, including, but not limited to photographs and text, are provided "as is." Darrell Noakes excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. Users, not Darrell Noakes, assume the entire cost of all necessary servicing, repair or correction arising from the users' use of this web site.

Except as specifically stated elsewhere on this web site, or as otherwise required by applicable law, neither Darrell Noakes nor his employees, licensors, agents, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this web site or the content, whether or not I have been advised of the possibility of such damages.