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terms
and conditions of commissioning and reproduction of images
these are industry standard terms and conditions courtesy of the
Association of Photographers and the Association of Editorial Photographers
UK
1. Definitions
In this Agreement the terms (a) image includes a digital image, digital
scan, photograph, transparency, negative, design, artwork, painting,
montage drawing, engraving or any other item which may be offered for
the purposes of reproduction: (b) reproduction includes any form of
publication or copying of the whole or part of any image and whether
or not altered by printing, photography, slide projection (whether or
not to an audience) xerography, artist's reference, artist's illustration,
layout or presentation, electronic or mechanical reproduction or storage
by any other means (c) the Client is the person or organisation to whom
the invoice is addressed (whether or not the Client is acting for a
third party).
2. Copyright
(a) The entire copyright
in the images is retained by In Camera Photography at all times throughout
the world.
(b) In Camera Photography supplies the technical and artistic ability
to illustrate an idea photographically, and sells the right to reproduce
those images in a given context. No property or copyright in any images
shall pass to the Client whether on its submission, or on In Camera
Photography's grant of reproduction rights in respect thereof.
(c) Any reproduction rights granted are by way of licence
and no partial or other assignment of copyright shall be implied.
3. Use
(a) The Licence to Use comes into effect from the date of payment of
the relevant invoice(s). No use may be made of the images before payment
in full of the relevant invoice(s) without the express permission of
In Camera Photography. 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.
(b) Reproduction rights granted are personal to the Client and may not
be assigned, nor may any image submitted to the Client be loaned or
transferred to third parties save for the purpose of the exercise by
the Client of such reproduction rights.
(c) In Camera Photography reserves the right to refuse to supply or
grant a reproduction licence to a third party when requested to do so
by the Client.
(d) Reproduction rights are not issued exclusively to the Client except
when specified on the invoice.
(e) Permission to use the images 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.
(f) Unless otherwise agreed in writing, all further Licences in respect
of the images will be subject to these Terms & Conditions.
4. Client Confidentiality
(a) In Camera Photography will keep confidential and will not disclose
to any third parties or make use of material or information communicated
to them in confidence for the purposes of the photography, save as may
be reasonably necessary to enable In Camera Photography to carry out
their obligations in relation to the commission.
5. Indemnity
(a) While In Camera Photography takes all reasonable care in the performance
of this agreement generally, they shall not be liable for any loss or
damage suffered by the Client or by any third party arising from use
or reproduction of any image or its caption.
(b) The Client agrees to indemnify In Camera Photography in respect
of any claims or damages or any costs arising in any manner from the
reproduction without proper reproduction rights of any image supplied
to the Client by In Camera Photography.
(c) It is the Client who must satisfy himself that all necessary rights,
model releases or consents which may be required for reproduction, are
obtained and it is acknowledged that In Camera Photography gives no
warranty or undertaking that any such rights, model releases or consents
have 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 image. In the event that the image issued or reproduced by or
with the authority of the Client then the Client shall indemnify In
Camera Photography against any loss or damage, proceedings or costs
where such rights, releases or consents have not been obtained.
6. Payment
(a) Payment terms are strictly 30 days from date
of invoice by crossed cheque made payable to "In Camera
Photography" or by automated credit transfer (BACS). BACS details
will be supplied with our invoice if this is a more convenient method
of payment. Proof of postage of remittances is not considered proof
of receipt, and clients are advised to send payment by any method affording
proof of delivery.
We understand and will exercise our statutory right to claim interest
and compensation for debt recovery costs under the late payment of commercial
debts act if we are not paid according to agreed credit terms.
(b) If payment is not made in accordance with (a) above then In Camera
Photography may rescind this Agreement and recover damages, or, at their
option, may exercise their statutory right to interest under the Late
Payment Of Commercial Debts (Interest) Act 1998.
(c) If any invoice issued to the Client is not paid by the Due Date,
then all unpaid invoices issued to the Client become due of immediate
effect, even if it is less than 30 days from the issue date, and that
In Camera Photography may consider these invoices as overdue when pursuing
legal action for the recovery of said debts.
(d) A fee of £10.00 (including VAT) may be made for each account
reminder, duplicate invoice, or any other paperwork, correspondence
or phone calls involved with the pursual of a debt. This fee is non-refundable,
and represents the additional time spent pursuing overdue invoices.
(e) In Camera Photography reserves the right to suspend ongoing services,
such as (but not limited to) the Downloadable Web Page or other distribution
of images, once any invoice issued to a Client becomes overdue, and
also reserves the right to inform the reason of this to third parties
to whom this suspension of service affects.
(f) On the Client's death or bankruptcy or (if the Client is a company)
in the event of a Resolution, Petition or Order for winding up being
made against it, or if a Receiver is appointed, In Camera Photography
may at any time thereafter inspect any records, accounts and books relating
to the reproduction of their images to ensure that the images are being
used only in accordance with the reproduction rights granted to the
Client.
7. Expenses
(a) Where extra expenses or time are incurred by In Camera Photography
as a result of alterations to the original brief by the Client, or otherwise
at their request, the Client shall give approval to and be liable to
pay such extra expenses or fees at In Camera Photography's normal rate
in addition to the expenses shown on the Estimate form as having been
agreed or estimated.
8. Rejection
(a) Unless a rejection fee has been agreed in advance, there is no right
to reject on the basis of style, composition or editing.
9. Cancellation & Postponement
(a) Once the Client has made a booking for a specific time and date,
In Camera Photography 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 weeks 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
In Camera Photography.
10. Right to a credit
(a) If the box on the 'Licence to Use' marked "Right to a Credit"
has been ticked In Camera Photography's name will be printed on or in
reasonable proximity to all published reproductions of the images. By
ticking the "Right to a Credit" box In Camera Photography
asserts their statutory right to be identified as the author of the
work in the circumstances set out in Sections 77 to 79 of the Copyright,
Designs and Patents Act 1988 or any amendment or re-enactment thereof.
(b) Unless otherwise agreed in writing if any image reproduced by the
Client omits the copyright notice or credit line specified by In Camera
Photography any fee payable by the Client shall be subject to an increase
specified by In Camera Photography, and in any event an increase of
not less than 25%.
11. Delivery of images
(a) In Camera Photography will edit every take and deliver digital e-proofs
of what they consider to be the best representation of every situation
covered. As a result, printed contact sheets will only be supplied to
the client if agreed so beforehand and will incur a charge for their
production.
(b) All files are delivered as colour Adobe RGB 1998 .tif files or sRGB
.jpg files as requested. Client assumes all responsibility for any RGB
to CMYK prepress work required. Client agrees to hold harmless In Camera
Photography from any claims arising from such work. In Camera Photography
is not responsible for how images render on websites. In Camera Photography's
liability for all claims shall not exceed in any event the total amount
paid under this invoice.
12. Storage
(a) Every effort will be made to archive the images indefinitely by
In Camera Photography. However, In Camera Photography makes no warranty
about the nature of its archive past the date of first delivery of final
images. Clients should treat the delivered files carefully, and we recommend
that you keep a safe copy for the duration of the licence.
13. Applicable Law
(a) This Agreement shall be governed by the laws of England & Wales.
14. Variation
(a) These Terms & Conditions shall not be varied except by agreement
in writing.
Note: for more information on the commissioning of professional photography
please refer to:
www.copyrightforclients.com
; and
www.beyond-the-lens.com
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