TERMS AND CONDITIONS
— Photography —
- DEFINITIONS
For the purpose of this agreement “the Agency” 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.
- COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
- OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. If the License to Use the images provided has a fixed term, on expiration the Photographs must no longer be used by the Agency.
- 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 Agency is put into receivership or liquidation. The Licence only applies to the advertiser 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 e.g. use in relation to another product or sub-licensing 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.
- EXCLUSIVITY
The Agency and Advertiser 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 work.
- 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 in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
- PAYMENT
Payment of a deposit of 50% is expected by the Agency, prior to the agreed upon shoot date(s), with the remainder payable once the Agency has made their final selection of images, and prior to the final images being provided by the Photographer. Payment by the Agency will be expected for the commissioned work within 5 working days of the issue of each relevant invoice. If the invoice is not paid, in full, within 5 working 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.
- EXPENSES
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency 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.
- REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
- CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement. The deposit will be held in the case of cancellation, but no fee will be charged in the case of postponement.
- 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 the Photographer also asserts his 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.
- 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 prior permission of the Photographer.
- POST-SHOOT COMMUNICATION
The Agency and Advertiser give their consent to be added to the Photographer’s email newsletter list, unless they specifically request otherwise. The Agency and Advertiser are able to unsubscribe at any time.
- APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
- VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.