“We and/or “Us” means John Birdsall Social Issues Photo Library.
“You” means the person or entity named as client.
You will be deemed to have accepted these terms and conditions unless you
notify us to the contrary and return all the Images to us, or destroy all digital image files, to us within 5 days of receipt. No variation of these terms or conditions shall be effective unless agreed in writing.
“Image” means any item which may be offered for the purposes of reproduction (including where appropriate a Digital Image).
Supply Of Images
1) The Images are submitted on loan at your request.
2) The Images belong to us and You are not permitted to store any copies including pre-press or pre-production copies and any copies held on a database must be destroyed on completion of the production or expiry of the licence term, whichever is later..
3) Permission to Reproduce Images is conditional and contingent upon payment of the reproduction fee and the permission shall not commence until payment has been made by you and any special terms accepted. Any licence granted is also strictly conditional upon full compliance by You with all the Terms and Conditions (including payment of fees or royalties) and any Reproduction or use of the Photographs or Reproductions outside the scope of or in breach of the terms of such Licence will be an infringement of copyright and other rights and You shall be liable to the Supplier for all damages, costs or expenses incurred by the Supplier in respect thereof.
Licence for Use of Images
4) 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.
5) 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.
6) 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, libelous 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.
7) Reproduction rights (if granted), unless otherwise agreed in writing are subject to these terms and conditions and any terms and conditions set out in the delivery note and licence, 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, strictly limited to the use, period of time and territory stated in the licence, personal to you and not assignable by you to any third party.
8) 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.
9) The copyright holder asserts the moral right to be identified as the creator of the Images and as such you must credit us and the author as specified by us every time an Image is used. If agreed in advance you may omit a credit and an additional 30% of the licence fee will be payable. If you fail to credit the Image an additional 50% of the original licence fee will be payable retrospectively. Please use credit: www.JohnBirdsall.co.uk
10) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
11) You must provide us on publication with one voucher copy of any publication in which the reproduction of the Image appears.
12) Unless cleared for this use, no photos shall be used in the context of AIDS / HIV, abuse or mental illness (including Alzheimer’s disease). The Licensee may not use a Photograph which has not been model-released in a context relating to fostering and/or adoption.
13) The use of a photograph in any context which may imply criticism of the individual/s concerned and/or their families should be cleared with us prior to use and must be accompanied by the following: LIBRARY PHOTO POSED BY MODELS.
Digital Use of Images
14) You acknowledge that Images are our valuable property, as are any digital images created from the Images (“Digital Images”).
15) 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:
16) 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.
17) 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.
18) 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.
19) 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.
20) 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.
21) If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, reasonable debt recovery costs 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.
22) 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.
23) 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.
24) 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.
25) 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
26) 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 .
© Copyright 2001 British Photographers’ Liaison Committee/ Finers Stephens Innocent As agreed by BAPLA, AOP, NUJ, MPA and the BFP