Conditions
of Usage of Images
TERMS & CONDITIONS OF SUBMISSION
& REPRODUCTION OF PICTURES
The
following Terms and Conditions are the basis for usage of Charles Tait Photo
Library Images. They are based on the concept of fair dealing with Customers
who wish to use any images. They are also advisory.
- It is
the policy of this photo library only to supply digital versions of images.
Where original transparencies are available they will only be supplied in
exceptional cases.
-
In this Agreement the terms (a) picture includes a photograph, transparency,
negative, design, artwork, whether physical or digital, or anything else
which may be offered for possible reproduction; (b) reproduction includes
any form of publication or copying of the whole or part of any image, by
printing, photography, slide projection (whether or not to an audience),
or for artist's reference, layout or presentation, digital or analogue copying
or storage by whatever other manner. (c) Date of return is the date
by which physical pictures must be returned as specified on delivery. If
no date is specified, the Date for Return shall be four weeks from the date
of the delivery note or if an invoice is rendered for reproduction fees
as soon as possible after the receipt of such an invoice.
-
No variation of these terms and conditions shall be effective unless agreed
in writing by both parties.
-
Pictures are supplied strictly on loan and no property or copyright
in any pictures shall pass to the Client whether on its submission or on
the Supplier's grant of reproduction rights in respect thereof.
-
A service fee to cover administrative costs and carriage of pictures
may be payable by the Client on each submission of pictures whether or not
reproduction or other usage results. The Client shall agree to pay for any
special delivery such as datapost.
-
Reproduction
rights are strictly limited to the use, period of time and territory
agreed with Charles Tait and unless otherwise agreed in writing relate
to usage in a single publication in a single size with text in one language
only.
-
Reproduction rights are not granted exclusively to the client except when
specifically agreed in advance. Any such exclusivity would be time
and territory limited unless exceptionally agreed in advance.
-
Reproduction rights granted are personal to the Client and may
not be assigned, nor may any picture submitted to the client be loaned
or transferred to third parties save for the purpose of the exercise of
such reproduction rights by the Client.
-
Any reproduction rights granted are unique to the Client and no assignment
of copyright shall be implied or taken without express agreement.
-
The Supplier's delivery note will list all pictures delivered to
the client, which will be presumed to have been received in good condition,
unless within 3 days of receipt the Supplier receives notification of
any discrepancy or damage.
-
Risk
in and responsibility for pictures passes to the Client from the time
they are received until their safe return. The Client shall immediately
inform the Supplier in writing of any known loss of, or damage
to the pictures while in the Client's possession or that of any
third party. If a picture is not returned within 12 weeks of the date
for return, or other agreed period, the Supplier may in its sole discretion
presume it to be lost.
-
The Client shall be liable to pay compensation to the Supplier
in respect of each picture lost or damaged. The loss or damage of
colour or monochrome prints or duplicate transparencies or electonic
media for which there are available originals shall also be the subject
of compensation, but at a different level. A Supplier may also specify
in writing at the time of the loan a different compensation figure
for loss or damage to certain pictures. Payment of compensation does
not give rise to any rights to any picture. These figures have been
assessed by the Supplier and are a genuine pre-estimate of the loss
which would be suffered if such a picture were to be lost or damaged.
The Client is urged to take out insurance cover to cover the total
value of the pictures delivered.
-
Any
picture subsequently found must be returned immediately. If
it is undamaged the Client will be credited with the compensation
paid less a rental fee (under clause 10) from the date compensation
is claimed to the date the picture is returned, such credit being
at least 20% of the compensation.
-
Any picture returned without its mount, or with its caption or other mount
data missing or defaced may incur a mount replacement charge.
-
The Client must return every picture to the Supplier by its Date for
Return by any method affording proof of delivery and insured to the
relevant level of compensation cover such as Royal Mail Special delivery
or Datapost. Adequate protection must be given to the pictures in transit.
A delivery note listing and totalling the returned pictures must be enclosed
and preferably an advice in writing with this same information sent by separate
post.
-
Unless otherwise agreed each picture may be held by the client free until
its Date for Return. The Client may be liable to pay a rental fee
per picture per week or part thereof pending its return if held for an reasonably
long period after its return is requested. Payment of the rental fee
does not entitle the Client to retain the picture.
-
Until the Supplier has invoiced the reproduction fee neither party is
committed to grant or acquire any reproduction rights in any picture.
After a fee has been agreed and an invoice issued there is a firm and
binding contract whereby the Supplier is committed to grant reproduction
rights and the Client to acquire them. If after such invoicing but before
payment the Client requests cancellation of the reproduction rights
the Supplier may in its discretion cancel subject to the Client paying
a cancellation fee.
-
The Client's right to reproduce a picture arises only when
the Supplier's invoice relating to the grant of such right is fully
paid. Any reproduction before payment of the invoice constitutes an
infringement of rights and a breach of this Agreement entitling the Supplier
to rescind the Agreement and rendering the Client liable for the payment
of damages.
-
The Client agrees to indemnify the Supplier in respect of any claims
or damages or any loss or costs arising in any manner from the reproduction
without proper reproduction rights of any picture supplied to the Client
by the Supplier.
-
The Supplier's invoice shall normally be paid within 30 days of
issue save in the case of newspaper, periodical and broadcasting
clients where payment shall be made no later than the end of
the calendar month immediately succeeding publication or use.
-
If
payment is not made in accordance with (a.) above then the Supplier
may rescind the Agreement and recover damages, or at its option, may
charge interest on the overdue amount at 2½% per month
on the outstanding balance.
-
On the Client's death or bankruptcy or (if the Client is a Company)
in the event of a Resolution, Petition or Order for winding up being made
against it, or if a Receiver is appointed, the Supplier may at any time
thereafter inspect any records, accounts and books relating to the reproduction
of the Supplier's pictures to ensure that the pictures are being used only
in accordance with the reproduction rights granted to the Client.
-
Unless otherwise agreed in writing if any picture reproduced by the Client
omits the copyright notice or credit line specified by the Supplier
the reproduction fee payable by the Client shall be subject to an increase.
-
The
right to a credit is asserted in accordance with sections 77 &
78 Copyright, Designs & Patents Act 1988.
-
In the case of printed publications, two copies of the relevant pages containing
any picture supplies are to be furnished to the Supplier by the Client free
of charge within two weeks of publication. In other media, evidence of use
must be made available on request.
-
While the Supplier takes all reasonable care in the performance of this
agreement generally, the Supplier shall not be liable for any loss or damage
suffered by the Client or by any third party arising from use or reproduction
of any picture or its caption.
-
It is the Client who must satisfy himself that all necessary rights, model
releases or consents which may be required for reproduction are obtained
and it is acknowledged that the Supplier gives no warranty or undertaking
that any such rights or consents are or will be obtained whether in relation
to the use of names, people, trade marks, registered or copyright designs
or works of art depicted in any picture. In the event that the picture is
used or reproduced by or with the authority of the Client then the Client
shall indemnify the Supplier against any loss, damage, proceedings or costs
where such rights, releases or consents have not been obtained.
-
This agreement will be subject to and constructed according to Scottish
Law and the parties agree to accept the exclusive direction of the Courts
of Scotland.
SCALE
OF CHARGES
Supply of digital
images by email, FTP or from this site: no charge
Service
Charge (supply of images on CD, DVD or transparency: Minimum £10.00
Postage & Packing at Cost as per below
Delivery :Special Delivery post for small deliveries
Loss or Damage to an Original £500. Please note that certain Originals
are valued higher than this because they are impossible to replace.
Loss or damage to a Print or Duplicate : at replacement cost if replacable
Reproduction without a credit (unless otherwise agreed) : 50% extra
Rental fee per week per picture (unless loan period extended) : £2
Mount Replacement when returned damaged or without mount : £10
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