1. DEFINITIONS
For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Photographer’s client. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Advertiser releases all rights to use the images further. Photographs must be returned to the Photographer in good condition within 30 days.
4. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is
put into receivership or liquidation.
The Licence only applies to the advertiser and product as stated on the front of the agreed and signed off estimate and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photo library. 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 (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer for the duration of the License to Use. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period, the Photographer shall be entitled to use the Photographs for any purposes, including further syndication.
6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
7. INDEMNITY
The Agency and the Advertiser agree to indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure by the Agency to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, 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 Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Legislation Act 1998 from the date payment was due until the date payment is made.
9. EXPENSES
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses as having been agreed or estimated.
10. REJECTION
Unless a rejection fee has been agreed in advance, there is no right to reject 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/her discretion, charge a fee for cancellation or postponement which will be up to 100% depending on the timing of the cancellation. Any running expenses accrued from point of confirmation to cancellation shall also be billed to the Advertiser or Agency.
12. OVERTIME AND ANTISOCIAL HOURS
A normal day is up to 9 hours (including 1 hour for lunch) between 9am and 6pm on any Working Day. Weekends, bank holidays and overtime shall all be charged at additional rates
13. RIGHT TO A CREDIT
The Photographer asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Also where possible Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s).
14. BANK HOLIDAY
Additional shoot fee for working during or as part of a bank holiday period applies. This includes a weekday or over the weekend period. This fee will be included in a quote.
15. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
16. APPLICABLE LAW & VARIATION
This agreement shall be governed by the laws of England & Wales. These Terms and Conditions shall not be varied except by agreement in writing.
For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.
17. COVID SPECIFIC TERMS
Covid 19 is now considered a known event by insurance providers and costs due to cancellation from Covid 19 are not covered by insurance.
We, as producers, will:
a) Put in place contingencies to prevent cancellation occurring and to mitigate all costs incurred in case of cancellation.
b) Client or agency should be aware of the risk of cancellation and any costs that may incurred by Lucid, as a result, will be billed to them.