Our Terms and
Conditions
By requesting
images you will be deemed to have accepted these terms and conditions.
No variation of these terms or conditions shall be effective unless agreed in
writing.
“Image” means any item which may be offered for the purposes of reproduction
(including where appropriate a Digital Image).
Supply Of Images
1)The Images are submitted on loan at your request, on approval only. Our delivery
note lists the Images delivered to you, which shall be deemed to have been received
complete and in good condition, unless we receive notification of any discrepancy
or damage within 48 hours of receipt.
2)Images belong to us. They are your responsibility from the time we despatch
them until we receive them back. You are urged to take out insurance to cover
the total value of the Images delivered.
3)You must pay a non-refundable service fee to cover administrative costs and
despatch of Images on each submission and resubmission of Images whether or
not reproduction rights are required or granted. We will deliver Images to you
by the most appropriate safe method which affords proof of delivery, and may
invoice you for the delivery costs.
Supply of Images in transparency format
4)'Return Date' is the date by which the Images must be returned as specified
on the delivery note or licence. If no date is specified, the Return Date shall
be four weeks from the date of the delivery note.
5)You must pay the rental fee specified in the delivery note until we receive
the Images back. Payment of the rental fee does not entitle you to retain any
Image after its Return Date.
6)You must return Images to us by a safe method which affords proof of delivery.
You must arrange adequate protection for Images in transit. You must enclose
a delivery note detailing and totalling the returned Images and must send a
copy of that note by separate post, fax or email.
7)You must immediately notify us in writing of any loss or damage. You must
pay us compensation for each Image lost or damaged at the rates specified on
the delivery note which are a genuine pre-estimate of the loss which we will
suffer. Any Image returned without its mount or with its caption or other mount
data missing or defaced, may incur a replacement charge at the rate set out
in the delivery note. Payment of compensation does not entitle you to any additional
rights in the material. An Image subsequently found must be returned immediately.
If it is undamaged you will be credited with any compensation paid less a rental
fee at the rate set out in the delivery note from the Return Date to the date
the Image is returned. Such credit will never be less than 20% of any compensation
paid.
Licence for Use of Images
8)The reproduction by whatever means of the whole or any part of any Image (including,
without limitation, slide projection, artist’s reference, artist’s illustration,
layout or presentation of Images) is strictly forbidden without our specific
written permission. You must inform us of your proposals as to when and how
an Image is intended to be used. We will then consider whether we would wish
to grant a licence and, if so, on what terms.
9)No reproduction rights are granted by virtue of delivery of Images unless
expressly indicated. Your right to reproduce an Image arises only if (a) licence
terms are agreed and (b) our invoice relating to the grant of such right is
fully paid. Any reproduction before payment of the invoice or outside the terms
of any licence constitutes an infringement of copyright and also a breach of
this Agreement entitling us to rescind and claim damages. You must indemnify
us in respect of any claims, damages, costs or expenses we incur arising from
any reproduction of any Image supplied to you.
10)You must satisfy yourself that 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. We make no claim or warranty
with regard to your use of content, names, text, people, trademarks or copyright
material depicted in any Image and you will indemnify us in respect of any claims,
damages, costs or expenses we incur arising from the use of any Image supplied
to you.
11)Reproduction rights (if granted ), unless otherwise agreed in writing are
a)subject to these terms and conditions and any terms and conditions set out
in the delivery note and licence,
b)non-exclusive reproduction rights for single use only in the United Kingdom.
A single use means a reproduction in one size for one edition of a single publication,
published in one language only,
c)strictly limited to the use, period of time and territory stated in the licence,
d)personal to you and not assignable by you to any third party.
12)If we agree that you may license the use of any Image to any third party,
you shall enter into an agreement with such third party to ensure that they
are bound by licence terms restricting printing, copying, networking, multiple
access or other use of the Images to personal use only, forbidding the assignment,
resale, rental and lending of the Image and ensuring that credit is given to
us and the author.
13)You must credit us and the author as specified by us every time an Image
is used. If you fail to credit the Image an additional 50% of the original licence
fee will be payable.
14)Images shall not be altered or manipulated, added to, or have any part deleted
without our prior written consent.
15)You must provide us on publication with at least one complimentary copy of
any publication in which the reproduction of the Image appears.
Digital Use of Images
16) You
acknowledge that Images are our valuable property, as are any digital images
created from the Images (' Digital Images').
17) You may not create, store or transmit Digital Images without our permission
except so far as is incidentally and wholly necessary to the process of producing
items licensed by us. If permission is granted the following conditions apply:
18) Each Digital Image created by you shall be recorded and labelled with the
Image reference number used by us and our copyright credit information as an
integral part of the image file, and held on an electronic database under your
sole possession and control.
19) Unless otherwise agreed, any Digital Image you create must not be greater
in size than 640x480 pixels, 72ppi. Any use of the Digital Images shall be in
a format designed so that it will not be possible to alter, manipulate or adapt
any Digital Image in any way during the normal course of using the product.
20)You agree to destroy all Digital Images including any pre-press or pre-production
copies of the Images and any copies or records of the Images held on a database
within 90 days of the date of receipt of the Images or completion of the maximum
production run, or expiry of the licence term, whichever is later.
Miscellaneous
21) While we take reasonable care in the performance of this agreement, we shall
not be liable for any loss or damage suffered by you or by any third party arising
from use or reproduction of any Image or its caption. Damages for any other
breach shall be limited to the licence fee paid by you.
22)You must pay our invoice within 30 days of issue. However in the case of
newspaper, periodical and broadcasting use only, if we agree in advance, you
may pay by the end of the calendar month immediately following publication or
use, or within six months of the issue of our invoice, whichever is sooner.
23) If you do not pay in accordance with these terms then we may at our option
rescind this Agreement and recover damages, or charge interest at the rate prescribed
by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment
was due until payment is made.
24) Any licence granted will terminate immediately if you (a) die, (b) enter
into voluntary or compulsory liquidation; (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.
25)Any publication right (as defined in the Copyright and Related Rights Regulations
1996) arising from your use of any Image shall vest in us and you hereby assign
all such rights arising to us.
26) Our failure to exercise or enforce any of our rights will not be deemed
to be a waiver of such rights nor bar their exercise or enforcement in future.
27) Should any disagreement arise between us, we shall, if we both agree, first
try to settle it by a mediation procedure recommended by the BPLC.
28)These Terms and Conditions shall be governed by the laws of England and Wales
and the parties agree to submit the jurisdiction of the English courts, such
jurisdiction to be exclusive, save for infringement of copyright or non payment
of our invoices where it will be non-exclusive.
© Copyright 2001 British Photographers’ Liaison Committee/Finers Stephens Innocent
As agreed by BAPLA, AOP, NUJ, MPA and the BFP.