“Image“ means any item which may be offered for
the purposes of reproduction
(including where appropriate a Digital Image).
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Supply Of Images |
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| 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. |
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| 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. |
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| 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. |
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Supply of Images in transparency or printed format |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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Licence for Use of Images |
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| 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.
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| 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.
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| 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.
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| 11) |
Reproduction rights (if granted ), unless otherwise
agreed in writing are:
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| a) |
subject to these terms and conditions and any terms and conditions
set out in the delivery note and licence, |
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| 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, |
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| c) |
strictly limited to the use, period of time and
territory stated in the licence |
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| d) |
personal to you and not assignable by you to any third party. |
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| 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.
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| 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.
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| 14) |
Images shall not be altered or manipulated, added to,
or have any part deleted without our prior written consent.
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| 15) |
You must provide us on publication with at least one
complimentary copy of any publication in which the reproduction
of the Image appears.
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Digital Use of Images |
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| 16) |
You acknowledge that Images are our valuable property,
as are any digital images created from the Images ("Digital Images").
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| 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:
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| 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.
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| 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.
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| 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.
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Miscellaneous |
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| 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
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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. However if our business address specified overleaf
is in Scotland then these terms and conditions shall be governed by
the laws of Scotland and the parties agree to submit to the jurisdiction
of the Scottish courts, such jurisdiction to be exclusive, save for
infringement of copyright or non payment of our invoices where it will
be non-exclusive.
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| © |
Copyright 2001 British Photographers’ Liaison Committee/Finers Stephens
Innocent As agreed by BAPLA, AOP, NUJ, MPA and the BFP.
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