“We and/or “Us” means the picture supplier named
on the delivery note. “You” means the person or entity named as
client on the delivery note.
You will be deemed to have accepted these terms and conditions
notify us to the contrary and return all the Images to us within 5
days of receipt.
No variation of these terms or conditions shall be effective unless
“Image” means any item which may be offered for the purposes of
(including where appropriate a Digital Image).
Supply Of Images
1) The Images are submitted on loan at your
request, on approval only. Our delivery note lists the Images
delivered to you, which shall be deemed to have been received
complete and in good condition, unless we receive notification of
any discrepancy or damage within 48 hours of receipt.
2) Images belong to us. They are your
responsibility from the time we despatch them until we receive them
back. You are urged to take out insurance to cover the total value
of the Images delivered.
Supply of Images in transparency or printed format
4) "Return Date" is the date by which the Images
must be returned as specified on the delivery note or licence. If no
date is specified, the Return Date shall be four weeks from the date
of the delivery note.
5) When images are held beyond the “Return Date”
you must pay the rental fee specified in the delivery note until we
receive the Images back. Payment of the rental fee does not entitle
you to retain any Image after its Return Date.
6) You must return Images to us by a safe method
which affords proof of delivery. You must arrange adequate
protection for Images in transit. You must enclose a delivery note
detailing and totalling the returned Images and must send a copy of
that note by separate post, fax or email.
7) You must immediately notify us in writing of
any loss or damage. You must pay us compensation for each Image lost
or damaged at the rates specified on the delivery note which are a
genuine pre-estimate of the loss which we will suffer. Any Image
returned without its mount or with its caption or other mount data
missing or defaced, may incur a replacement charge at the rate set
out in the delivery note. Payment of compensation does not entitle
you to any additional rights in the material. An Image subsequently
found must be returned immediately. If it is undamaged you
will be credited with any compensation paid less a rental fee at the
rate set out in the delivery note from the Return Date to the date
the Image is returned. Such credit will never be less than 20% of
any compensation paid.
Licence for Use of Images
8) 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.
9) 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.
10) 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.
11) Reproduction rights (if granted ), unless otherwise agreed
in writing are
a) 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
12) 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.
13) 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.
14) Images shall not be altered or manipulated, added
to, or have any part deleted without our prior written consent.
15) You must provide us on publication with at least one
complimentary copy of any publication in which the reproduction of
the Image appears.
Digital Use of Images
16) You acknowledge that Images are our valuable property, as
are any digital images created from the Images (" Digital Images").
17) 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 conditions apply:
18) 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
Unless otherwise agreed, any Digital Image you create must not be
greater in size than 640x480 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 product.
20) 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.
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.
22) 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 six months of the issue of
our invoice, whichever is sooner.
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.
25) 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.
26) 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 future.
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.
28) 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 non-exclusive.
© Copyright 2001 British
Photographers’ Liaison Committee/Finers Stephens
Innocent As agreed by BAPLA, AOP, NUJ, MPA and