BUSINESS TERMS AND CONDITIONS
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.
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.
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 licence 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.
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 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.
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/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 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 Client shall be by 14 days from the date of the Photographer’s invoice (unless agreed otherwise) and in default of payment interest shall be charged on all sums due from the 15th day of the date of the Photographer’s invoice at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 plus reasonable debt recovery costs until payment is received in full.
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 as 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.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at 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 Scotland
These Terms and Conditions shall not be varied except by agreement in writing.
NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP. You can also learn more in the Copyright4clients section
Website usage terms and conditions
The term 'sc-photographer.co.uk, ‘me’ or ‘I’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of the AOP website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither I nor any third-parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials taken from this website, where permitted, is entirely at your own risk, for which I shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to me. This material includes, but is not limited to, the design, layout, look, appearance, graphics and all the images. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to sc-photographer.co.uk (the Website) or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of):
(a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
(b) Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
All trademarks reproduced in this website, which are not the property of, or licensed to, the operator, are acknowledged on the Website.
Unauthorised use of this Website may give rise to a claim for damages and/or may constitute a criminal offence.
From time to time, this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that I endorse those websites. I have no responsibility for the content of the linked websites.
Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England, Northern Ireland, Scotland and Wales.