TERMS AND CONDITIONS

 

1.         DEFINITIONS

For the purpose of this agreement "the Client" 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 Client" shall be interpreted as references to the Photographer's client. "Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.

2.         COPYRIGHT

The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

3.         OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of the Photographer and shall not be used for monetary gain by the Client without the Photographers written consent. 

4.         USE

The License 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 or liquidation. The License only applies to the advertiser and product as stated on the front of the 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' License is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub licensing through a photo library. Permission to use the Photographs for purposes outside the terms of the License 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 Photographs will be subject to these terms and conditions.

5.         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.     

6.         ELECTRONIC STORAGE

Save for the purposes of reproduction for the licensed uses, the Photographs 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. The edited photographs will be stored electronically by the Photographer for 365 days from the gallery going live. After 365 days the electronic files will be deleted from the Photographers archives. 

7.         APPLICABLE LAW

This agreement shall be governed by the laws of Scotland

8.         VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.