Terms & Conditions Of and Usage Of This Site
Terms and Conditions
Terms and conditions for borrowing and using images from Daniel Briston Automobile Photolibrary / Image Stock
IT IS UNDERSTOOD THAT YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS IN FULL IF ANY IMAGES ARE USED.
1) In this Agreement the terms:
(a) IMAGE includes a transparency, negative, print, digital image or artwork 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 image, altered or not, whether by printing, photography, slide projection, xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction, any internet use or storage by any other means, Currently In Use OR processes yet to be invented or created.
(c) WE/OUR/US refers to Daniel Briston's Automobile Photolibrary, and YOU/YOUR refers to you the Client or user of the image(s).
2) Images are supplied on LOAN and no property or copyright in any images shall pass to you whether on its submission or on our grant of reproduction rights in respect thereof.
3) We reserve the right to charge a non refundable service fee to cover administrative costs and dispatch of images, when supplying physical non-digital OR electronic media / files, this includes but not limited to, photographic film formats, such as negatives or transparencies. the current fee is £10, and includes retrieval and preparing of such media. electronic media will (generally be delivered free of charge, other than in instances where file-sharing / storage is needed to be paid for), and file sharing / storage needed to be paid for will be charged at a flat fee of £2.00, in the event of this being charged it shall cover bandwidth and traffic charges.
4) (a) You the company employing or commissioning the individual (including freelance picture researchers) to whom images are lent or sent are held responsible for their safe keeping and (if applicable) safe return in good condition. It is also your responsibility to inform us of their intended use, and to ensure payment is made. This responsibility extends to any third party who may hold the images for printing or other work. i.e. You (and / or your company) are responsible for your printer (or other third party you pass images onto and their actions). for example (but not limited to) if you send a photographic negative to a third party to scan or digitise on your behalf, and it becomes damaged, it is you who is at fault.
(b) Our Advice Note will list all the images delivered to you, which shall be presumed to have been received in good condition, unless within 3 days of receipt we receive notification of any discrepancy or damage, this includes all media, whether digital or physical (such as negatives), we will endeavour to re-send any images that may be damaged or corrupt, if we are able.
(c) Risk in and responsibility for images passes to you from the time they are received until their safe use and (if applicable) return. You shall immediately inform us in writing of any known loss or misuse of, or damage to the images while in your possession or that of any third party acting on your behalf or under your instruction. If an image is not returned within 30 days of the date for return, we may at our sole discretion presume it to be lost.
(d) All images must be returned by 'trackable delivery' involving a signature for safe receipt, if this applicable, eg for physical formats. They should be insured to the relevant value, and must be properly wrapped, to protect them from damage.
(e) If any images are used for personal use, including use as desktop wallpapers, each licencing fee, shall only cover the use as such on ONE computer or applicable device, all other subsequent uses must be re-licenced. a discount may be given for multiple devices / uses at our sole discretion.
5) (a) You shall be liable to pay us compensation of £500 in respect of each lost, stolen or irreparably damaged transparency or negative (or other physical format), and a minimum charge of £25 each for photographic prints, or other physical products using our imagery.
Artwork will be quoted separately on supply. Payment of compensation does not give rise to any rights in any image. These figures have been assessed by us and are a genuine pre-estimate of the loss which would be suffered if such an image were to be lost or damaged, and thus unable to be used in future by us commercially (loss of commercial oppourtunity).
You are urged to take out insurance to cover the total value of the images delivered.
** (Please note that Royal Mail Special Delivery does NOT cover photographs, unless their consequential loss insurance is taken out, so it would be wise to).
Also Any Image Used WITHOUT OUR PRIOR WRITTEN CONSENT - shall be liable for Compensation of £500 PER IMAGE, PER WEBSITE OR PER EDITION OF ANY MAGAZINE OR BOOK ISSUE, this is a genuine estimate of the costs and damage we would suffer if our image was to be infringed.
(b) Any physical image (photograph print or film) subsequently found must be returned immediately. If it is undamaged you will be credited with the compensation paid less a rental fee (under Clause 6) from the date the image was due for return until the date the image is received back by us. charged on a pro-rata basis as calculated by us, this covers any potential loss whilst we did not hold the image in our possession.
6) All images not selected must be returned within 30 days of the date of the advice note. All images that are not being used, and which are not returned within this time will incur a holding fee of £14.00 per image per week or part thereof for each additional week held, unless an extended loan period has been agreed with us prior. no retrospective agreements will be honoured, you must contact us in good time. Those images that are used must similarly be returned within one month of publication (photographic film formats / physical formats such as prints). any images sent to you for your proofing or viewing, shall be your responsibility, this includes but not limited to protection from moisture or anything else that could harm photographic items, and in the case of digital files, you shall be responsible for the safety and security of these, and take reasonable care and attention to protect them from unlawful copying or stealing. we advise anti virus and firewalls be used on any computer (or other applicable device) that hold or view the images.
in the event that we send an digital image for you to view or peruse with a view to purchasing or licensing, which you then decide is not suitable, you MUST securely and safely delete the image as soon as you inform us of it being not suitable for your needs. they must not be held by you in any retrieval systems or backup media.
7) 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 and for what cost.
8) Reproduction rights (if granted), unless otherwise agreed in alternative writing are:
a) deemed an acceptance of these terms and conditions,
b) non-exclusive reproduction rights for single use only in the United Kingdom. A single use means a reproduction in one size for one edition of a single publication, published in one language only,
c) strictly limited to the use, period of time and territory stated in the licence/invoice,
d) personal to you and not assignable by you to any third party,
e) granted on condition that all fees will either be paid BEFORE use, or following a payment plan agreed by us and you.
9) 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.
10) 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.
A voucher copy of all publications in which our images have appeared must follow on publication provided free of charge by yourselves, and at no cost to us. This includes books, and other physical media (brochures etc), and also (in the case of digital publications online, a link to any pages using our images.
we expect you to pay any fees associated in delivering the above, including but not limited to, postage and packaging etc.
11) 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 30 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.
12) It is essential that images selected for exclusive rights, such as Greetings Cards and Calendars, are checked for availability before proceeding with reproduction. Failure to comply with this requirement could cause you unnecessary expense, as you may well not be the only client wanting the same image for selection for the same potential use. This condition equally applies to extensions of exclusive rights periods, and re-use for such rights.
13) Re-use of separations, held by a publisher, in a new title or content will always attract a 50% fee. Re-use in a revised edition containing new material will attract a new fee, usually 50% of the fee being currently charged for an equivalent new book. It is essential to discuss any re-use with us before publication in any form. This includes using existing book content in a new jacket / cover, with a new title and ISBN number. any use in a new publication or edition WITHOUT our knowledge will incur a fixed fee of £50 per image, per use in said publication.
14) It should be noted that we do NOT hold the copyright for any image credited to The Peter Roberts Collection and therefore cannot grant any rights for reproduction. Any charge made in connection with such images will be a Facility Fee for making the images available. In general, these images are cleared for editorial illustration. Other uses considered must be discussed with us first. Whilst great care has been taken to ensure that the images credited to The Peter Roberts Collection or other collections / authors are/do not infringing a third party copyright, we cannot absolutely guarantee that such a situation may not occur.
15) 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.
16) 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 you or by any third party arising from use or reproduction of any image or its caption. You agree to indemnify us against any proceedings or costs involved in rectifying any caption or text errors supplied with any image supplied by us.
17) You are expressly forbidden from altering, adapting or electronically retouching our copyright images without previous permission in writing. This excludes reasonable cropping. we must be told of all other adjustments / modifications in advance and will determine if this warrants a revised agreement.
18) (a) Daniel Briston has asserted his right to a credit in accordance with sections 77 and 78 Copyright, Designs and Patents Act 1988. Thus all images must be credited as shown on invoices. we will advise of what byline or captions should be used at the invoice / licencing stage.
In the case of The Peter Roberts Collection, please add 'c/o Daniel Briston'. Unless otherwise agreed in writing, if any image reproduced by you omits the copyright notice or credit line specified by us the reproduction fee payable by you shall be subject to an increase of 50%.
(b) It is further requested that credits to museums and other private collections be given wherever possible, as indicated on the mount/sleeve of physical formats, or as described to you. we will inform you of when this is needed.
19) 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.
20) 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.
21) Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure.
22) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to 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.
23) All Copyrights shall remain with Daniel Briston (and other advised applicable parties), unless copyright is explicitly transferred to you. eg, we may (on occasion) offer to you, the option to buy the copyright for the images you have interest in. costs to be on a case-by-case basis.