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1. DEFINITIONS
For the purpose of this
agreement "the Agency", “the
Client”, and "the
Advertiser" shall where the
context so admits include
their respective assignees,
sub-licensees and successors
in title. In cases where
the Photographer's client is
a direct client (i.e. with
no agency or intermediary),
all references in this
agreement to both "the
Agency" and "the Advertiser"
shall be interpreted as
references to the
Photographer's client.
"Photographs" means all
photographic material
furnished by the
Photographer, whether
transparencies, negatives,
prints or any other type of
physical or electronic
material.
2. COPYRIGHT
The entire copyright in the
Photographs is retained by
the Photographer at all
times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs
remains the property of the
Photographer. When the
Licence to Use the material
has expired the Photographs
must be returned to the
Photographer in good
condition within 30 days,
unless supplied on
electronic media, where
return is not required.
4. USE
The Licence to Use comes
into effect from the date of
payment of the relevant
invoice(s). No use may be
made of the Photographs
before payment in full of
the relevant invoice(s)
without the Photographer's
express permission. Any
permission which may be
given for prior use will
automatically be revoked if
full payment is not made by
the due date or if the
Client is put into
receivership or liquidation.
The Licence only applies to
the client and product as
stated on the front of the
form and its benefit shall
not be assigned to any third
party without the
Photographer's permission.
Accordingly, even where any
form of 'all media' Licence
is granted, the
photographer's permission
must be obtained before any
use of the Photographs for
other purposes eg use in
relation to another product
or sublicensing through a
photolibrary. Permission to
use the Photographs for
purposes outside the terms
of the Licence will normally
be granted upon payment of a
further fee, which must be
mutually agreed (and paid in
full) before such further
use. Unless otherwise agreed
in writing, all further
Licences in respect of the
Photographs will be subject
to these terms and
conditions.
5. EXCLUSIVITY
The Client will be
authorised to publish the
Photographs to the exclusion
of all other persons
including the Photographer.
However, the Photographer
retains the right in all
cases to use the
Photographs in any manner at
any time and in any part of
the world for the purposes
of advertising or otherwise
promoting his/her work.
After the exclusivity period
indicated in the Licence to
Use the Photographer shall
be entitled to use the
Photographs for any
purposes.
6. CLIENT CONFIDENTIALITY
The photographer will keep
confidential and will not
disclose to any third
parties or make use of
material or information
communicated to him/her in
confidence for the purposes
of the photography, save as
may be reasonably necessary
to enable the Photographer
to carry out his/her
obligations in relation to
the commission.
7. INDEMNITY
The Photographer agrees to
indemnify the Client and the
Advertiser against all
expenses, damages, claims
and legal costs arising out
of any failure by the
Photographer to obtain any
clearances for which he/she
was responsible in respect
of third party copyright
works, trade marks, designs
or other intellectual
property. The Photographer
shall only be responsible
for obtaining such
clearances if this has been
expressly agreed before the
shoot. In all other cases
the Client shall be
responsible for obtaining
such clearances and will
indemnify the Photographer
against all expenses,
damages, claims and legal
costs arising out of any
failure to obtain such
clearances.
8. PAYMENT
Payment by the Client will
be expected for the
commissioned work within 30
days of the issue of the
relevant invoice. If the
invoice is not paid, in
full, within 30 days The
Photographer reserves the
right to charge interest at
the rate prescribed by the
Late Payment of Commercial
Debt (Interest) Act 1998
from the date payment was
due until the date payment
is made.
9. EXPENSES
Where extra expenses or time
are incurred by the
Photographer as a result of
alterations to the original
brief by the Client or the
Advertiser, or otherwise at
their request, the Client
shall give approval to and
be liable to pay such extra
expenses or fees at the
Photographer's normal rate
to the Photographer in
addition to the expenses
shown overleaf as having
been agreed or estimated.
10. REJECTION
Unless a rejection fee has
been agreed in advance,
there is no right to reject
on the basis of style or
composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm
as from the date of
confirmation and accordingly
the Photographer will, at
his/her discretion, charge a
fee for cancellation or
postponement.
12. RIGHT TO A CREDIT
If the box on the estimate
and the licence marked
"Right to a Credit" has been
ticked the Photographer's
name will be printed on or
in reasonable proximity to
all published reproductions
of the Photograph(s). By
ticking the box overleaf the
Photographer also asserts
his/her statutory right to
be identified in the
circumstances set out in
Sections 77-79 of the
Copyright, Designs and
Patents Act 1988 or any
amendment or re-enactment
thereof.
13. ELECTRONIC STORAGE
Save for the purposes of
reproduction for the
licensed use(s), the
Photographs may not be
stored in any form of
electronic medium without
the written permission of
the Photographer.
Manipulation of the image or
use of only a portion of the
image may only take place
with the permission of the
Photographer.
14. APPLICABLE LAW
This agreement shall be
governed by the laws of
England & Wales
15. VARIATION
These Terms and Conditions
shall not be varied except
by agreement in writing. |
