Documentary Photography & Humanitarian Photojournalism Terms & Condition’s
These are my typical terms and conditions for licensing images, commissions and assignments which include professional documentary photography, editorial, advertising assignments or humanitarian photography assignments for NGO’s or charities wanting photography of humanitarian social issues, environmental and cultural photography.
For the purpose of this agreement “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files / images or any other type of physical or electronic material.
CONTRACT & VARIATION
These terms & conditions shall apply to the Contract to the exclusion of any other terms & conditions put forward by the Client or Agency. These terms and conditions shall not be varied except by agreement in writing by the Photographer.
The Photographer accepts no liability for non-supply of pictures for whatever reason. It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the pictures to be taken without hindrance or infringements of trademarks or copyrights.
Any queries relating to the Pictures or the invoice must be raised immediately upon receipt. Pictures cannot be rejected for reasons of style or composition.
Invoices must be paid within the specified period of 30 days. Overdue invoices will be subject to interest at a rate that will be notified on request or at least seven days prior to becoming effective on a specific invoice.
Currently, under The Late Payments of Commercial Debts (Interest) Act 1998, interest on overdue debts will be charged at 12% pa (base rate +8%).
In addition, in accordance with European Directive 2000/35/EC a debt recovery fee of £40-00 will also be charged.
Any discounts made by the photographer will be automatically revoked and the full amount charged on all invoices not paid within the specified 30 days.
The Photographer retains full Copyright in all images, at all times throughout the world.
The Client is licensed to use Pictures only for the purpose(s) specified.
No licence becomes effective until the invoice is paid in full. No use may be made of the Photographs before payment without the Photographers express permission. Any permission for prior use will be automatically revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The licence is granted to the named Client only and is not transferable. Permission to use the Photographs for purposes outside the terms of the licence will normally be granted upon payment of a further fee, which must be mutually agreed before such further use.
NO CROPPING OR IMAGE MANIPULATION
Photographs must not be altered, cropped or manipulated in any form without permission.
All image must be reproduced with or in the spirit of the accompanying caption. Images must not be used for/in context to defame, be derogatory, liable or insight hatred or harm. The Photographer makes no representation or warranty with respect to the use of any names, trademarks or works of art stated or the accuracy of captions accompanying any images
RIGHT TO CREDIT
As with all editorial rights managed photography, the photographer must be credited with any reproduction of his work. The credit line should read © photographer’s name. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. An additional fee of up to 50% will be charged on top of space use for failure to credit the photographer.
The Client will be authorised to publish the Photographs, within the term of the licence, to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time in any part of the world for purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the Usage Licence the Photographer shall be entitled to use the Photographs for any purposes.
Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer.
CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation. accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement. Currently a cancellation fee of 50% of the photography fee will be charged on any job cancelled on or later than 48 hours before the scheduled time booked.
Unless specified by the Photographer in writing, no model releases or other releases for any images. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold the Photographer harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:
- no release was furnished by the Photographer in writing.
- the use of any Image exceeds the scope of the release provided by the Photographer.
The licensee will also indemnify and hold the Photographer harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. The Photographer’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. The Photographer makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
This agreement shall be governed by the laws of England & Wales