Media Terms & Conditions
Paul Marshall also T/A Marshall Arts Media.
For the purpose of this agreement “the Client” shall include their respective assignees, sublicencees and successors in title. “Photographs” means all videographic and photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic media. “The Photographer” refers to Paul Marshall also t/a Marshallarts Media.
2. Image Rights / Copyright / Licensing
UK law is very clear regarding ownership of photographic images – By default, the owner of the copyright in the photograph is the photographer – Copyright, Designs and Patents Act 1988.
3. Ownership of Materials
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
The Licence to Use is effective on payment of the relevant invoice(s). No use may be made of the photographs without the Photographer’s express permission before payment in full is made. Permission for prior use will be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the Client and product as stated on the invoice 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, e.g. use in relation to another product or sub licensing through a photo library. Permission to use Photographs for other 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.
If Exclusivity is negotiated in a contract, the Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use Photographs in any manner, at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the Licence to Use or on the invoice, the Photographer shall be entitled to use the Photographs for any purpose.
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 in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
The Photographer agrees to indemnify the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain clearances for which he was responsible in respect of third party copyright works, 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 shall be responsible for obtaining such clearances and shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice(s). If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge late payment charges and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made. If the Client wishes to question the invoice, this must be done in writing not more than 14 days after the date of issue of the invoice.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client 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.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11 Cancellation and Postponement
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.
12. Right to a Credit
The Photographer asserts his statutory right to be identified as the author of his work as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1998 or any amendment or re-enactment thereof.
13. 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.
14. Applicable Law
This agreement shall be governed by the laws of the UK as enacted in Northern Ireland
These Terms and Conditions shall not be varied except by agreement in writing