Pieces of Sky

Terms

Terms & Conditions for Commissioners and Commercial Buyers

1. DEFINITIONS
For the purposes 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 physical or electronic transparencies, negatives, prints, digital images or any other type of physical or electronic material.
2. COPYRIGHT
The entire Copyright in the Photograph(s) is retained by the Photographer at all times throughout the world and Copyright shall apply without exception unless relinquished by the Photographer to the original client in writing and where the Photographer has applied his signature to that statement by hand. Non other than the original signed statement shall be accepted.
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 at the expense of the Agency. Where the Photographs are in electronic form the Photographs must be removed from all electronic storage devices, including without exception the Internet. Where Photographs have been hard written to electronic storage mediums including Compact Disk, Digital Versatile Disc, Compact Flash Card and all other solid state devices, the device must be returned to the Photographer in good condition within 30 days at the expense of the Agency. Where the original solid state device is not available a written and hand signed statement asserting that the electronic Photograph(s) and/or material has been erased or destroyed, within 30 days of expiration of the Licence To Use and where an extension to the Licence To Use has not been given.
4. USE
The Licence To Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photograph(s) before payment in full of the relevant invoice(s) is made 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 Agent or Advertiser and product as stated on the Licence To Use form 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 Photograph(s) for other purposes (e.g. use in relation to another product or sublicensing through a photolibrary). Permission to use the Photograph(s) 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 Licenses in respect of the Photograph(s) and/or materials will be subject to these terms and conditions.
5. EXCLUSIVITY
Where indicated in the Licence To Use as applicable, the Agency and Advertiser will be authorised to publish the Photographs and/or materials 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 to otherwise promoting his/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. Confidentiality shall be relinquished where challenged by court order in pursuit of criminal or civil investigations or proceedings under the Laws of England & Wales or any other country member of the United Kingdom.
7. INDEMNITY
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.
8. PAYMENT
Payment by the Agency for commissioned work is strictly within 35 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 35 days the Photographer reserves the right to claim compensation and charge interest at the rate prescribed by the Late Payment of Commercial Dept (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Depts Regulations 2002, from the date payment was due until the date payment is made. All late payments will incur a flat rate administration charge of £35.00. (For more information in relation to late payment and your rights refer to: www.payontime.co.uk
9. EXPENSES
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 agreed or estimated. Where unforeseen additional expenses arise as a result of price increases by a third party supplier (e.g. airline or rail transport providers) the Agency shall be liable to pay the additional expenses incurred at cost. (With the exception of fines) vehicular parking charges will be met by the Agency in full, unless agreement has been made with the Photographer prior to the undertaking of the commission.
10. REGECTION
Unless a rejection fee has been agreed in advance, there is no right to rejection 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 his/her discretion, charge a fee for cancellation or postponement. Cancellation or postponement within seven days (inclusive) prior to the shoot will incur the standard day/week rate charge for the first day/week of the booking. Cancellation of a booking within 2 calendar months and up to 1 week prior to the commission will be subject to charge at 50% of the agreed commission fee. No cancelation fee shall be applied to cancelations of 2 months or more prior to the commencement of the commission.
12. RIGHT TO CREDIT
If the box on the estimate and the licence marked ‘Right to Credit’ has been completed the Photographers name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s) and/or material. By completing the box 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 and/or materials 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, when given in writing.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales. The laws of all other United Kingdom member counties may also be applied at the discretion of the Photographer where a legal request is made by the court of that land in the pursuit of criminal or civil investigations or proceedings.
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.