TERMS AND CONDITIONS

1. Definitions

For the purpose 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 transparencies, negatives, prints or any other type of physical or electronic material.

2. Copyright

The Photographer retains the entire copyright in the Photographs at all times throughout the world.

3. Ownership of Materials

Title to all the 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.

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 Agency is put into receivership or liquidation. The License only applies to the advertiser and product as stated on the front of the 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 sublicensing 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 use. Unless otherwise agreed in writing, all further Licenses in respect of the Photographs will be subject to these terms and conditions.

5. Exclusivity

The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the rights 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 her work. After the exclusivity period indicated ion the License 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 her in confidence for the purposes of the Photography, save as may be reasonably necessary to enable the Photographer to carry out her obligations in relation to the commission.

7. Indemnity

The Photographer agrees to indemnify the Agency and the Advertiser against expenses, damages, claims and legal costs arising out of the failure by the Photographer to obtain any clearances for which 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 failure to obtain such clearances.

8. Payment

Payment by the Agency 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 1988 from the date payment was due until payment is made.

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 expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.

10. Rejection

Unless a rejection fee has been agreed in advance, there is no right to reject 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 her discretion, charge a fee for cancellation or postponement.

12. Right to a credit

If the Photographer has written yes beside ‘Right to a credit’ the Photographer’s name shall be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By writing yes overleaf the Photographer also asserts 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 fore 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.

14. Applicable Law

The laws of England, Wales, Scotland and Ireland shall govern this agreement.

15. Variation

These terms and conditions shall not be varied except by agreement in writing.
Note: For more information on the commissioning of advertising photography refers to the interim guidelines produced by the Association of Photographers


For more information Email Victoria HERE