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For the purposes of this agreement “The Client” is to refer to the “Photographers” commissioner be they an Agency, Advertiser or Publisher[editorial or otherwise] and where the context so admits to include their respective assignees, sublicensees and successors in title. “Photographs” is to mean all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs belongs to the Photographer at all times and throughout the world.
3 OWNERSHIP OF MATERIALS.
Title to all Photographs remains the property of the Photographer at all times. When the Licenses to Use has expired, The Photographs must be returned to the Photographer in good condition and within 30 Days.
The licence to Use comes into effect from the date of payment of all the relevant invoice[s]. No use may be made of the Photographs before payment in full of all relevant invoice[s] without the Photographers express permission. Any such permission for prior use will be automatically revoked if payment is not made in full by the due date or if The Client is put into receivership or liquidation. Where use is restricted in The Agreement permission to use the Photographs for any other purpose will normally be given upon payment of a further fee, to be mutually agreed.
The Client will be authorised to publish the Photographs to the exclusion of all others including the Photographer. However the Photographer has the right at all times and throughout the world to use the Photographs for self promotion. After the Agreement and Licence to use have expired the Photographer may use the Photographs for any purpose.
6 CLIENT CONFIDENTIALITY.
The Photographer will keep confidential all information or material disclosed to him in confidence for the purpose of the commission and will not disclose such to any third parties.
The Photographer agrees to indemnify The Client against all expenses, damages, claims and legal cost arising out of any failure by The Photographer to obtain any such clearances for which he was responsible in respect of third party copyright work, 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 Client will be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal cost arising out of any failure to obtain such clearances.
Payment by The Client will be expected for the Commissioned work within the payment terms agreed with individual clients or within 30 Days of issue of all the relevant invoice[s] if no other terms have not been agreed.
Where extra expenses or time are incurred by The Photographer due to alterations to the original brief made by the Client or by a third party acting for the Client, the Client will give approval and be liable to pay such extra expenses or fees at the Photographers normal rates and the additional to the expenses which were agreed before the shoot.
Unless a rejection fee has been agreed in advance, there is no right to reject work 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 his discretion, charge a fee for cancellations or postponement.
12 RIGHT TO CREDIT.
The Photographers name will be printed on or in reasonable proximity to all published reproductions of the Photographs, this is an assertion of the Photographers statutory right to identified as set out in Sections 77-79 of the Copyright, Design and Patents Act 1988 or any amendments or re-enactments thereof.
13 SUPPLY TO THIRD PARTIES.
The Licences to Use or right to publish only applies to the Client as stated as the Commissioner, if the Photographs are to be used by any third parties an additional agreement must be made and fees negotiated.
14 ELECTRONIC STORAGE.
Only may the Photographs be electronically stored for the purpose of reproduction for licensed use. Manipulation of the Photographs or re-cropping may only take place with permission of the Photographer in writing.
15 APPLICABLE LAW.
This agreement shall be governed by the laws of England & Wales.
These Terms & Conditions shall not be varied expect by agreement in writing
FOR MORE INFORMATION ON THE COMMISSIONING OF PHOTOGRAPHY REFER TO THE GUIDELINES PRODUCED BY THE ASSOCIATION OF PHOTOGRAPHERS