Under the license, you may display a DTTSP photo as you please, reproduce it, add it to a collection, and make adaptations of it. However, you may not distribute the photo—so don’t include it in any photo packs or give it out for others to use. That’s how we are able to run our business :). Displaying and reproducing the photo on physical or digital products that you distribute is fine.
These rights come with some restrictions. As noted, you may not distribute or sublicense the photo. You also cannot claim the photo as your own. Or state or imply that DTTSP, or anything appearing in the photo—a model, brand, institution, whatever—has endorsed you, your product, or anything else. Notwithstanding the restriction on distribution, if you make an adaptation of the photo, you may distribute the adapted photo. But you must distribute the license with the adapted photo, and you can’t add any additional restrictions or terms.
You may not use the photo in connection with pornography, hate speech, or anything else that might embarrass or defame DTTSP or the subject of the photo. If a model, brand, or institution complains about your use of his, her, or its image or other rights, we would likely send a notice to make you take it down.
DTTSP has a practice of receiving “publicity and personality” releases from its models. We do this to your benefit. What it does is it saves you the trouble of getting those releases yourself. But these releases don’t extend to abusive or embarrassing uses. If do you use the photo that way, it’s possible to find yourself in legal trouble either with us or with the model. If this does occur we will also not be able to help you, so it’s best to be tactful.
This license applies to the photo itself as a discrete thing. The model release applies to the personality and publicity rights of any model appearing in the photo. Other subjects, like brand trademarks, sculptures, and art work that may appear in the photo deliberately or incidentally have rights that are not released or conveyed to you. You must be cognizant of these rights, and not use the photo in any manner that would violate the rights of any person or thing appearing in the photo.
If you breach this license, it terminates and you lose all of your rights—but we retain our rights to enforce the license terms against you as needed.
If you decide to bring a claim against us, and you win, we will not be liable to you for any special or punitive damages, just ordinary damages. If you create legal problems that DTTSP gets dragged into, you have to pay our lawyers, related costs (court, travel, three-martini lunches), and damages, if any.
If a fight does break out, the dispute will be controlled by Ohio law and sent to binding arbitration in Columbus, Ohio. It’s a nice place. We’ll recommend some restaurants. That said, we can skip arbitration and go to court to get an injunction.
This summary is not legally binding. It’s just a summary. The Photograph End User License is the only binding agreement between you and DTTSP with regard to the photo.