TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF PICTURES FROM STONELOCK PHOTOGRAPHY
1. In this Agreement the terms (a) picture includes a photograph, digital image, 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).
2. (a) The entire copyright in the pictures is retained by Stonelock Photography at all times throughout the world.
(b) Stonelock Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Stonelock Photography’s grant of reproduction rights in respect thereof.
(c) Stonelock Photography asserts both his moral right to be identified as the author of their work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Stonelock Photography’s invoice, otherwise one calendar year if unspecified. An agreement must be reached with Stonelock Photography before the pictures are used for a different purpose or after the license to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture 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
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Stonelock 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.
4. The following terms are used when describing the reproduction rights granted by Stonelock Photography to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
5. (a) Once the Client has made a booking for a specific time and date, Stonelock 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 one week of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within twenty-four hours 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 Stonelock Photography.
6. (a) Until Stonelock Photography has invoiced the reproduction fee neither party are committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Stonelock Photography is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Stonelock Photography may at their discretion cancel, subject to the Client paying a cancellation fee.
(b) The Client’s right to reproduce a picture arises only when Stonelock Photography’s invoice relating to the grant of such right is fully paid (including any interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Stonelock Photography to rescind the Agreement and rendering the Client liable for the payment of damages.
(c) Stonelock Photography’s invoice shall be paid within 28 days of issue.
(d) If payment is not made in accordance with (a) above then Stonelock 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.
(e) Stonelock Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, 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) Stonelock Photography reserves the right to withhold the high-resolution photographs until an invoice is paid in full.
7. 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, Stonelock Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of their pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
8 (a) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Stonelock Photography.
(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
9. (a) While Stonelock 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 of by any third party arising from use or reproduction of any picture or its caption.
(b) The Client agrees to indemnify Stonelock Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Stonelock 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 Stonelock 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 picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Stonelock Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
10. (a) This Agreement shall be subject to and constructed according to UK Law and the parties agree to accept the exclusive direction of the Courts of Scotland.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Stonelock Photography’s invoice shall be paid within 28 days of issue. Payment should be made by BACS. Full details will be supplied with the invoice.