Copyright

All images, text and graphics displayed on this web site are

Copyright © 1992–2015 by Nick Gleitzman. All rights reserved.

All images appearing in this web site are the exclusive intellectual property of Nick Gleitzman (except images by Graham Uden).
All images, page designs and words are protected under Hong Kong and international Copyright laws.

No part of the content of this site may be reproduced, copied, transmitted or manipulated without the written permission of Nick Gleitzman. You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions set out below in the Terms and Conditions of use of this site.

Commercial reproduction of images may be permitted with the issue of a Reproduction Licence and the payment of a fee. If you’d like to discuss using any of the images on this web site for your own purposes, whether online or in electronic or printed media, please contact Nick Gleitzman with your request.

Why the watermarks?

Dog, Sydney 1992

Sydney, 1992

If you’re thinking of buying one of my prints, rest assured that the ugly watermarks you see on this site are for my online security; they won’t appear on your print.

I hate watermarks.

I’ve been taking photographs for well over forty years. During that time I've seen two major paradigm shifts in the medium: the first, the transition from film to digital imaging; secondly, the rise of social media and the concept of sharing. The modern approach to photographs (as well as other media) on the internet seems to be predominantly, “If you can see it, you can use it.”

Photography has become, due largely to the development of smartphones for ease of capture and the social media for instant global distribution, an integral part of everyday life for more people than ever before. There are now more than 1.5 billion – that’s 1,500,000,000 – images uploaded to social media every day.

The ease with which high-quality images can now be produced, and the sheer ubiquity of photographs today, has greatly reduced the value and power of the image, and that saddens me. Not only because of the huge proportion of society that seems incapable of experiencing life without recording every moment, or because probably 99% of all those photographs uploaded daily have a lifespan equal to one swipe on a smartphone. Photography’s devaluation has reduced the level of craft needed to make images to almost zero; you can pick up a good second-hand DSLR for hardly any money, stick it on Auto, and away you go.

Now, don’t get me wrong – I do find that kind of sad, but it’s fine. Really. Photography is great fun. But I’m a professional. It's how I've made my living for my entire adult life. I was a commercial photographer for more than twenty years, and then I decided to concentrate on landscape and fine art, and offer my work as prints for sale. One of the main challenges I face in business is to make images that are ‘better’ than the average hobbyist can make – even the ones with ‘better’ camera gear than mine. The other challenge is to use the internet as a marketing tool without having people help themselves to my images without so much as a by-your-leave – especially for commercial sites. I like to eat a nice meal at the end of each day just as much as anyone, and if someone uses one of my images to promote their own business, or worse, try to sell them as their own property, they are stealing income from me.

Let me repeat: I hate watermarks. I hate that I have to to disfigure my images in order to protect my intellectual property, but it’s a considered business decision to do so. As a case in point, take a look at this photo of mine, and then these search results.

The internet is full of arguments against watermarks:

So, my apologies if the watermarks lessen your enjoyment of my images. But as long as the copyright and intellectual property laws remain unchanged, they support the right to control how my images are reproduced, and the right of attribution that goes along with it.

If you’re thinking ‘sharing’ one of my images, please consider carefully. I can find instances of my images anywhere online, and if they’re being used for commercial purposes, my lawyers are always looking for more work. If you don’t agree with copyright as a concept, I suggest you go to college, get a law degree, get elected, and change the system from within. Just because you don’t agree with something doesn’t make you right – or negate my rights.

~ Nick Gleitzman

Terms and conditions of use

Credit

This document was created using a Contractology template available at www.freenetlaw.com

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Terminology

In these terms and conditions, ‘Omnivision' means Omnivision Photographic Studio Pty Ltd, a limited liability company registered in New South Wales, Australia. Nick Gleitzman is Managing Director of Omnivision and publisher of this web site.

License to use website

Unless otherwise stated, Nick Gleitzman and/or his licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Nick Gleitzman’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Omnivision makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Omnivision does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of liability

Neither Nick Gleitzman nor Omnivision will be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Nick Gleitzman has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Omnivision’s or Nick Gleitzman’s liability in respect of any:

  • death or personal injury caused by Nick Gleitzman’s negligence;
  • fraud or fraudulent misrepresentation on the part of Nick Gleitzman; or
  • matter which it would be illegal or unlawful for Nick Gleitzman to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Omnivision has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Omnivision’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Omnivision’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Omnivision.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Omnivision and undertake to keep Omnivision indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Omnivision to a third party in settlement of a claim or dispute on the advice of Omnivision’s legal advisers) incurred or suffered by Omnivision arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Omnivision’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Omnivision may take such action as Omnivision deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Nick Gleitzman may transfer, sub-contract or otherwise deal with his rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Omnivision/Nick Gleitzman in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the governing laws of Australia and Hong Kong, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Australia or Hong Kong.