Terms and Conditions for supply of photographs for reproduction and commissioned work
For the purpose of this agreement "the Agency", "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.
The entire copyright in the Photograph(s) is retained by the Photographer at all times throughout the world.
3. REPRODUCTION RIGHTS
Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Photographer's invoice and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only.
The License 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 License only applies to the Client as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer's express permission. Accordingly, even where any form of 'all media' License is granted, the Photographer's permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub licensing through a photolibrary. Permission to use the Photographs for other purposes outside the terms of the License 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 Licenses in respect of the Photographs will be subject to these terms and conditions.
It is the Client who must satisfy himself / herself that all necessary rights, model releases or consents which may be required for reproduction of people, places or items depicted within any Picture are obtained. It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any Picture. In the event that the Picture is used or reproduced by or with the authority of the Client then the Client shall indemnify the Photographer against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
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.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, the Agency or the Advertiser or otherwise at their request, the Client, the Agency or the Advertiser shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
9. CANCELLATION AND POSTPONEMENT
(a) Once the Client has made a booking for a specific time and date, the photographer will not accept any other work from other clients for those times and dates. (b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one week of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by The Photographer.
10. RIGHT TO A CREDIT
A credit is important to the Photographer and accordingly unless otherwise agreed in writing, if any Picture reproduced by the Client omits the copyright notice or credit line specified by the Photographer the reproduction fee payable by the Client shall be subject to an increase of 50%. The right to a credit is asserted in accordance with sections 77 - 79 Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
11. 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.
12. APPLICABLE LAW
This agreement shall be governed by the laws of England.
These Terms and Conditions shall not be varied except by agreement in writing.
Annette Price, 9 Cranley Place, London SW7 3AB. Tel: 020 7584 1412, Mobile: 07752 141304 [email protected] www.h2ophotography.com