Terms and Conditions
In this Agreement the terms (a) picture includes a photograph, digital capture, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection, xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(a) Unless agreed in advance and in writing the entire copyright in the pictures is retained by Robin MacDougall at all times throughout the world.(b) Robin MacDougall supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Robin MacDougall’s grant of reproduction rights in respect thereof.(c) Robin MacDougall asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 - 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment therof.(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Robin MacDougall any fee payable by the Client shall be subject to an increase specified by Robin MacDougall, and in any event an increase of not less than 40%.
Expenses. Where extra expenses or time are incurred by Robin MacDougall 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 Robin MacDougall’s normal rate to Robin MacDougall in addition to the expenses shown overleaf as having been agreed or estimated.
Ownership of materials. Title to all photographs remains the property of Robin MacDougall. When the Licence to Use the material has expired the Photographs must be returned to Robin MacDougall in good condition within 30 days.
Client confidentiality. Robin MacDougall will keep confidential and will not disclose to any third parties or make use of material or information communicated to Robin MacDougall in confidence for the purposes of the commission, save as may be reasonably necessary to enable Robin MacDougall to carry out his obligations in relation to the commission.
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on the Robin MacDougall invoice. An agreement must be reached with Robin MacDougall before the pictures are used for a different purpose or after the licence to use has expired.(b) Reproduction rights are not issued exclusively to Client except when specified on the invoice.(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.(e) Robin MacDougall reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
The following terms are used when describing the reproduction rights granted by Robin MacDougall to the Client:(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site.(b) PR and Press distribution: The right to use the pictures as described in 6(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice. (d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only. (e) If additional media usage is required above what has been specified on our invoice a re-calculation based on “Base Usage Rate” (AOP guidelines apply) will apply and will be subject to Robin MacDougall’s standard terms and conditions.
(a) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform Robin MacDougall in writing of any loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within four weeks of the date for return then Robin MacDougall may in it’s sole discretion presume it to be lost. (b) The Client shall be liable to pay compensation to Robin MacDougall in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from Robin MacDougall upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged.
(a) Once the Client has made a booking for a specific time and date, Robin MacDougall will not accept any other work from other clients for those times and dates.(b) As a result, once a booking is made, if it is subsequently cancelled or postponed Robin MacDougall will at his discretion charge a cancellation fee to the client according to the following schedule. When a client cancels a booking within one week of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within 4 days of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Robin MacDougall.
(a) until Robin MacDougall has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Robin MacDougall is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Robin MacDougall may at his discretion cancel subject to the Client paying a cancellation fee. (b) The Client's right to reproduce a picture arises only when Robin MacDougall s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Robin MacDougall to rescind the Agreement and rendering the Client liable for the payment of damages. (c) Robin MacDougall’s invoice shall be paid within 14 days of issue.(d) If payment is not made in accordance with (a) above then Robin MacDougall may rescind this Agreement and recover damages, or, at our option, may exercise our statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.(e (g) Robin MacDougall reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or any other distribution of pictures, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
On the Client's death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Robin MacDougall may at any time thereafter inspect any records, accounts and books relating to the reproduction of his pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
(a) Robin MacDougall will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances. (b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Robin MacDougall c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
In the case of printed publications or literature, three copies of the relevant pages containing any picture supplied are to be furnished to Robin MacDougall free of charge within two weeks. In other media, evidence of use must be made available if requested.
(a) While Robin MacDougall takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.(b) The Client agrees to indemnify Robin MacDougall in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Robin MacDougall (c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Robin MacDougall gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Robin MacDougall against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England. (b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
