Photography and Infographics Terms of Business
(a) For the purpose of this agreement “The author” will mean the Author of the Photograph/Infographic or Whitby Distillery. (b) “Materials”, “Infographics” and “Works” means all photographic material furnished by the Author, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed. (c) Where time is limited the author may accept an instruction given orally, in this event the author shall accept no liability for any error in executing the order.
(a)The Author retains the entire copyright in the Materials, Infographics and Works at all times, throughout the World and (b) Where reproduction of Works has taken place and settlement has not been made, the Author will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
3. OWNERSHIP OF MATERIALS.
(a)Title to all materials remains the property of the Author. (b) When the License to Use has expired the Materials must be returned to the Author in good condition within 30 days and any archived digital files destroyed. (c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
(a)The License to Use comes into effect from the date of payment of the relevant invoice(s) or sharing of material. (b) No use may be made of the Materials before payment in full of the relevant invoice(s) without the Authors’ express permission in writing. (c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date. (d) Where restricted in the Agreement, permission to use the Materials for other purposes will normally be granted upon payment of a further fee to be mutually agreed.
Note: A written agreement must be reached with the Author before the Materials may be used for other purposes. Materials should not be edited in any way unless agreed with the Author.
(a)Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to the Client. (b) The Author retains the right in all cases to use or sell the Materials. (c) Exclusivity will not be unreasonably withheld but only on written agreement with the Author before work commences.
(a)It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. (b) It is acknowledged that the Author gives no warranty or undertaking that any such rights, releases 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. (c)The Author will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Author, and it is the Client’s responsibility to insure against such loss or damage.
(a)If applicable payment due date will be clearly noted on the relevant invoice for the commissioned work.
(a)Where extra expenses or times are incurred by the Author as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
(a)Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
10. SUPPLY TO THIRD PARTIES.
(a)The licence only applies to the Client and product stated on the Licence to Use.
11. ELECTRONIC STORAGE.
(a)Save for the purposes of production for the licensed use(s), the Materials may not be stored or archived in any form without the written permission of the Author. (b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Author.
12. APPLICABLE LAW.
(a)This agreement shall be governed by the Laws of England & Wales.
(a)These Terms and Conditions shall not be varied except by agreement in writing.