- You acknowledge that Images are our valuable property, as are any digital
images created from the Images ("Digital Images")
- 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
- 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.
- Unless otherwise agreed, any Digital image you create must not be greater
in size than 640 x 480 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
- 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.
- 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.
- 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.
- 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, libellous 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.
- Reproduction rights (if granted ), unless otherwise agreed in writing
- 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. 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.
- 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.
- You must credit us and the author as specified by us every time an Image is
used. If you fail to credit the Image an additional 50% of the original licence
fee will be payable.
- Images shall not be altered or manipulated, added to, or have any part
deleted without our prior written consent.
- You must provide us on publication with at least one complimentary copy of
any publication in which the reproduction of the Image appears.
- 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.
- 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 two months of the issue of our invoice, whichever is
- If you do not pay in accordance with these terms then we may at our option
rescind this Agreement and recover damages, 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.
- 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.
- 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.
- 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
- 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.
- 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
- Although we use our reasonable best efforts to ensure the accuracy of the
content on our site, we make no representations or warranties as to the
accuracy, correctness, or reliability of the Content. We also make no
representations or guarantees that the functional aspects of our site will be
uninterrupted or error-free, or that our site or the server that makes it
available are free of viruses or other harmful components. You acknowledge that
your use of our site is at your own risk.
- As an additional facility, our site may link to other sites that may be of
interest to you yet are not under our control. These links do not imply an
endorsement by Music Pictures or Redferns, and we are not responsible for the
availability of, or the content contained in any linked site.
Clauses 1 - 21 © Copyright 2001 British
Photographers" Liaison Committee/Finers StephensInnocent As agreed by BAPLA, AOP,
NUJ, MPA and the BFP.