TERMS AND CONDITIONS UK © 2015 Roger Donovan T/A Media Photos
In accordance with the Copyright, Designs and Patents Act 1988
In this Agreement the terms
(a) Picture includes a photograph, transparency, negative, digital scan, 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 picture 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).
(d) The Photographer is the copyright holder.
(a) The copyright in all pictures is retained by Roger Donovan at all times throughout the world. All moral rights are asserted.
(b) Pictures are licensed to the client for a fixed period and for specified uses only by the named client as agreed. Other use must be agreed in writing and may be subject to an additional fee.
(c) 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 without the express permission of Roger Donovan. Any permission granted for prior use will automatically be revoked if full payment is not made by the due date. The Licence only applies to the client 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 pictures for other purposes eg use in relation to another product or company or sublicensing through a photo library. Permission to use the pictures 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 pictures will be subject to these terms and conditions.
(d) The client will be authorised to publish the pictures to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the pictures in any manner 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 Licence to Use the Photographer shall be entitled to use the pictures for any purposes.
(e) Unauthorised use may command a fee of up to three times normal rates.
(f) The client may not sell, distribute, copy or otherwise syndicate any images without written permission from Roger Donovan.
(g) In accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988 Roger Donovan is to be identified as the Author of the images. All moral rights are asserted.
(h) The possession of any negative, transparency or print, CD ROM or other digital file does not infer any agreement for use.
3. LOSS OF ORIGINAL MATERIAL
The client is responsible for the insurance of any negatives or transparencies while in their possession or when loaned to any third party such as printers. This responsibility remains until the materials are returned to Roger Donovan. Proof of posting does not constitute return of images. The Photographer reserves the right to charge for lost originals at up to £1000 per image or £5000 per film.
All invoices are to be paid in full, within 30 days of the invoice date. In the case of commissioned work payment is not conditional on publication or use. Roger Donovan 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 full payment is made. Also in accordance with European Directive 2000/35/EC, a debt recovery fee of £40 will be charged.
A fee of up to 100% of the estimated job total may be charged on cancelation of bookings within seven working days of the agreed start time or 50% within fourteen days of agreed start time. Costs incurred at any time prior to cancelation will be charged in full.
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 obligations in relation to the commission. Simliarly the Client agrees not to disclose to any third parties any information communicated to him/her in confidence relating to the Photographers business practices.
7. CHANGES TO BRIEF
Where extra expenses or time are incurred by the Photographer 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 the Photographer's normal rate to the Photographer in addition to the expenses agreed or estimated.
There is no right to reject on the basis of style or composition. Any queries relating to the Pictures or the invoice must be raised within seven days of receipt.
9. SUPPLY AND ELECTRONIC STORAGE OF COMMISSIONED IMAGES
(a)Save for the purposes of reproduction for the licensed use(s), the pictures may not be stored in any form of electronic medium without the written permission of the Photographer.
(b)Where electronic storage has been agreed the Client agrees to notify the Photographer prior to any reuse of the picture outside of the terms of the original licence.
(c)Within the agreed fee, Mediaphotos will supply images from any commissioned shoot by one of the following methods, either e-mail, cd or secure web gallery. Images can be supplied by multiple methods but a fee will be charged for each additional method of delivery.
(d)Mediaphotos makes no formal commitment to archive commissioned images beyond a period of three months. However we do make every effort to keep images available on file. Should you need to access any images beyond the three month period then a search fee of will be charged together with a fee for delivery either by e-mail, cd or secure web gallery.
(e)Should you have elected for delivery by secure web gallery then access to the gallery will cease after a period of three months. For a small one off fee we will make your images available indefinitely on our secure web gallery service for such a time as we continue in business or until we terminate this facility but no commitment is made to maintain this archive. The service can be withdrawn at our discretion at any time.
10. PHOTOGRAPHERS LIABILITY
The Photographer accepts no liability for any consequential loss resulting from the non-supply of pictures for whatever reason or for any claim or action brought by any person or organisation portrayed in the pictures. It is the client's responsibilty to ensure that all necessary clearances have been obtained to allow the pictures to be taken and/or published.
11. LIMITATION OF LIABILITY
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
12. APPLICABLE LAW
This agreement shall be governed by the laws of England, Wales and Scotland.
13. FORCE MAJEURE OR ACT OF GOD
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
These Terms and Conditions shall not be varied except by agreement in writing.