For the purpose of this agreement Fergus Burnett Photography and Anchor Images Ltd will be referred to as "FB". The visitor to the site, whether representing an organisation or not, and engages in any business with FB shall be referred to as the "Client" "Photographs" "picture" and "image" all mean photographic material furnished by the Photographer,whether digital files, transparencies, negatives, prints, artwork or any other type of physical or electronic material. The term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. Or for any use as artist's reference or illustration, or in a layout or presentation.
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. When the License to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days and any hard copies of the images must be deleted from all hard drives, servers and any other location where they may have been stored. Images must also be removed from all websites that they have been put on; both those owned or used by the client, affiliated websites, as well as third party websites such as "linkedin".
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 Client as stated on the invoice 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 eg 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. The right to reproduce, store (electronically or otherwise) or use in any way any image supplied by FB is personal to the Client and may not be assigned to any third party without FB's prior written consent. Clients can not pass on copies of images or give permission to use images to any third party outside the remit of the agreed brief. The standard License of Use shall be 'editorial use only, two years only, uk only'.
After any agreed exclusivity period indicated in the License to Use the Photographer shall be entitled to use the Photographs for any purposes. 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 or otherwise promoting his/her work.
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.
The Photographer shall only be responsible for obtaining clearances, with regard to model releases, third party copyright works, trade marks, designs or other intellectual property, if this has been expressly agreed before the shoot. In all other cases the Client 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.
The client may not alter or add to or manipulate a picture by means of computer or any other technique with the aim to ridicule, make fun of, or insult the subject in the photograph
The Client must supply FB with a full brief at least 48 hours prior to the arranged photoshoot. If the client expressly requires a certain photograph of a certain person / people / scene / object to be taken then this must be clearly stated in the brief. If there are certain people who are required to be photographed then it is the Clients responsibility to ensure that FB is aware of who / where they are once they have arrived at the event. If this is not done then FB can not guarantee that the requested photograph is taken.
While FB takes reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer 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 payment is made. The photographer also reserves the right to charge an additional fee - this will be of the amount stated in Late Payment Legislation 1998 (2002) under their compensation guideline rates.
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 previously agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
14. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will charge a fee for cancellation or postponement. If the cancellation is made within 24hours of the shoot date the agreed fee must be paid in full. If the cancellation is made between 7 days and 24 hours before the agreed date of the shoot then 50% of the agreed fee must be paid.
15. RIGHT TO A CREDIT
The "Right to a Credit" is required in during all publications any image supplied by FB and the Photographer's name must be printed on or in reasonable proximity to all published reproductions of the Photograph(s). 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. The accreditation text should read ' fergusburnett.com'.
16. META DATA
All digital images are supplied with caption information, copyright data and Meta Data embedded. The Client must never remove, or attempt to remove this data from the images
17. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), 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.
18. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.
NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.