James King–Holmes – Copyright, Terms & Conditions - November 2019
Copyright is about who owns the images and, in the UK, is covered by the Copyright, Designs & Patents Act 1988. Similar regulations apply in other countries, but my Terms & Conditions specify that UK Law shall apply in all circumstances.
Licensing is about giving permission for images to be used and is dealt with by by an agreement or Licence worked out between the copyright holder (in the UK that is the Photographer) and the client.
A licence can be designed to fit a client‘s needs. It will set out what type of uses it is agreed the photographs can be used, under what circumstances, where in the world they can be used and the length of time this agreement between photographer and client lasts.
If the client finds they need to use the photographs in a way that is not covered by the licence or that they need to use them after the period of the licence has run out, all they need to do is contact the photographer to negotiate further use, which may be at an extra cost. If a client needs more than this we can quite easily negotiate where they feel they need extended use and how it will affect the final fee, or the client can go with the default licence – which will cover the uses they have initially specified, and which usually covers a 1 year usage – and negotiate any extensions they may need at a later date.
Please Note – All images on this site are Copyright © James King–Holmes, and are only available with Rights–Managed Licences under the terms of the UK Copyright, Designs & Patents Act 1988. Any unlicensed use will be seen as a breach of Copyright and legal action against infringing persons and entities (including but not limited to web site owners, publishers and businesses) will be taken to enforce payment of a minimum fee of £250 for each unauthorised image use. This is covered in Clause 3 (b) of our Terms & Conditions.
Terms & Conditions
These terms cover reproduction in print, electronic media or film/video of images Copyright © James King–Holmes whether from this site or any others and whether they are labelled within the image, within the EXIF data or if it can be shown that the image is Copyright © James King–Holmes.
By using this website you will be deemed to have accepted these terms and conditions and that you acknowledge that the images under consideration are our valuable property.
a) “We and/or “Us” means James King–Holmes or SciTech Image or Pixelle UK
“You” means the person or entity named as client.
b} The term Image includes a digital image, digital scan, photograph, transparency, negative, design, artwork, painting, montage drawing, engraving or any other item in material or visual form.
c) The term Reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered subsequently, in print, electronic media or film/video.
a) Copyright in all images on this site is the property of James King–Holmes under the Copyright, Patents and Designs Act 1988.
b) The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
c) No property or copyright in any images shall pass to the Client whether on its submission, or on James King–Holmes, Scitech Image or Pixelle UK’s grant of reproduction rights in respect thereof.
d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
a) 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.
b) It is the client‘s responsibility to advise us at the time of requesting a fee estimate for a Licence to advise us of all uses which may be made of that image. Any unlicensed use will be seen as a breach of Copyright and legal action against infringing persons and entities (including but not limited to web site owners, publishers and businesses) will be taken to enforce payment of a minimum fee of £250 for each unauthorised image use.
c) All Licenses are non–transferable and you cannot assign rights to another person, organisation or business to reproduce the image. We must be advised of any such requests or proposals to assign rights in this way and such assignments must be subject to our agreement in writing. If we agree that you may license the use of any Image to any third party, you shall enter into an agreement with them to ensure that they are bound by the 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.
d) No Licence for reproduction will automatically include the rights to upload or show a Copyright image on any Social Media site including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Tumblr etc..
e) 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.
f) Reproduction rights are not issued exclusively to the Client except when specified on the invoice. Requests for exclusivity will be considered but will be the subject of a suitable fee uplift.
(g) Permission to use the images 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.
(h) James King–Holmes, Scitech Image and Pixelle UK reserve the right to use any and all images produced for any Client for the promotion or advertising of the photographic services of James King–Holmes, Scitech Image and Pixelle UK. (g) Unless otherwise agreed in writing, all further Licences in respect of the images will be subject to these Terms & Conditions.
4. Right to a Credit
a) James King–Holmes asserts his right to be identified as the author of his photographs under the CD&P Act 1988. You must give or request of the publisher of an image for a credit every time an Image is used. A suitable credit line shall be suggested on the Invoice. If you fail to credit the Image an additional 100% of the original licence fee will be payable unless it can be shown conclusively that e.g. print space, media design or media properties preclude the use of any such credit.
5. Client Confidentiality
a) James King–Holmes, Scitech Image or Pixelle UK will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography or licensing of images, save as may be reasonably necessary to enable us to carry out our obligations in relation to the photography or licensing of any such images.
a) It is your responsibility to ensure 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.
b) Whilst captions and descriptions supplied with the images either separately or in the EXIF data, are believed by the author to be accurate at the time of writing, it is the responsibility of any user of the image to check all facts for themselves. While we take reasonable care in producing such information 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 the you.
c) Whilst we take all reasonable care in the performance of this agreement generally, we shall not be liable for any loss or damage suffered by the Client 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.
a) You must pay our invoice within 30 days of issue.
b) 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.
c) 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 our Copyright.
d) 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
e) 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.
f) 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.
ENDS © James King–Holmes 2019