TERMS AND CONDITIONS FOR PURCHASING A LICENCES TO USE, OR COMMISSIONING WORK
1. “Photographer” means the commissioned Photographer whose details are set out in the Estimate and Invoice(s) for an Assignment. “Assignment” means a commission by the Client of the Photographer for provision of Photographer’s services at a shoot for the purpose of creating the Material. “Advertiser” means any client of the Client for whose benefit or use the Material is commissioned. “Client” is the party commissioning the Photographer and includes the Client’s affiliates, assignees, and successors in title. “Estimate” means any email or other document electronic or otherwise created by the Photographer and setting out the Fee and expenses for any Assignment along with information as to Usage Licences. "Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. Unless otherwise agreed in writing, The entire copyright in the Photographs is retained by the Photographer at all times throughout the world. Unless otherwise agreed in writing, Title to all Photographs remains the property of the Photographer
3. A normal day is up to 9 hours (including up to 1 hour for lunch) between 9am and 6pm on any Working Day. Any hours worked outside a normal day (“Antisocial Hours”) will incur additional overtime fees for the Photographer, crew and facilities. These will be agreed between the Parties
4. 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 Client is put into receivership, administration or liquidation. The Licence only applies to the client, advertiser and product as stated in any licence and its benefit shall not be assigned to any third party without the Photographer's permission.
5. 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/her work. After any exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. 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.
7. The Client is responsible for checking all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. The Photographer makes no claim or warranty with regard the Client's use of content, names, text, people, trademarks or copyright material visible in any Image and the Client will indemnify the Photographer in respect of any claims, damages, costs or expenses incurred arising from the use of any Image supplied to them.
8. Payment by the Client will be expected for the commissioned work or image/s 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.
9. Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, Agency or the Advertiser, or otherwise at their request, the Client 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.
10. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. In respect of all editorial uses and otherwise as additionally stated in the Estimate the Client shall procure that the Photographer’s name is printed on or in reasonable proximity to all published reproductions of the Licensed Images. 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.
13. Any licence granted will terminate immediately if you (a) die, (b) enter into voluntary or compulsory liquidation or Administration; (c) have a receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
13. These Terms are governed by the laws of England & Wales and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of England & Wales.
14. 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.