Terms and Conditions
For the purpose of this agreement ‘the Agency’ and ‘the Advertiser’ shall be where the context so admits to include their respective assignees, sub-licensees 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 image.
The entire copyright for the Photographs is retained at all times throughout the world by the Photographer.
OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the ‘License to Use’ the material has expired, the Photographs must be returned to the Photographer in good condition within 30 days.
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 relevant invoice(s) without the Photographer’s express permission. Any permission which may be granted 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 in the License to Use, and its benefits shall not be assigned to any third party without the Photographer’s 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 sublicensing through a photo library.
Permission to use the Photographs for purposes outside the terms of the license will normally be granted upon full payment of a further fee, which must be mutually agreed before such further use.
The Agency and the 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 matter at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the ‘Exclusivity Period’ indicated in the License to Use, the Photographer shall be entitled to use the Photographs for any purposes.
The Photographer will keep confidentiality and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
The Photographer agrees to indemnify the Agency 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 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 cases, the Agency 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.
Payment by the Agency will be expected for commissioned work within 30 days of the issue of the relevant invoice.
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 any other expenses having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
CANCELLATION AND 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.
RIGHT TO A CREDIT
If the estimate indicates the Photographer’s right to a credit, or if the ‘Right to a Credit’ box is ticked on the License to Use, then the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the ‘Right to a Credit’ box, the Photographer also asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Design and Patents Act 1988 or any re-enactment thereof.
Save for purposes of production of 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(s) or use of only a portion of an image may only take place with the permission of the Photographer.
This agreement shall be governed by the law of England and Wales.
These terms and conditions shall not be varied except by agreement in writing.
NOTE: For more information on the commissioning of photography, refer to the guidelines published by the Association of Photographers.