TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF IMAGES
FROM DIGITAL MARKETING AYRSHIRE
- In this Agreement the terms
- image includes a photograph, transparency, negative, digital
scan, design, artwork, painting, montage drawing, engraving
or any other item which may be offered for the purposes of reproduction.
- reproduction includes any form of publication or copying of
the whole or part of any image and whether or not altered by
printing, photography, slide projection (whether or not to an
audience) xerography, artist's reference, artist's illustration,
layout or presentation, electronic or mechanical reproduction
or storage by any other means
- client is the person or organisation to whom the invoice is
addressed (whether or not the client is acting for a third party).
- The entire copyright for images is retained by Digital Marketing
Ayrshire at all times throughout the world.
- Digital Marketing Ayrshire sells the right to reproduce the
images it has produced in a given context. No property or copyright
in any images shall pass to the client whether on its submission
or on Digital Marketing Ayrshire’s grant of reproduction
rights in respect thereof.
- Paul Roberts 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 and 78 of Copyright, Designs
and Patents Act 1988.
- Reproduction rights (if and when granted) are strictly limited
to the use(s) specified on Digital Marketing Ayrshire invoice.
An agreement must be reached with Digital Marketing Ayrshire
before the images are used for a different purpose.
- Reproduction rights are not issued exclusively to the client
except when specified on the invoice.
- Reproduction rights granted are personal to the client and
may not be assigned, nor may any image 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.
- Any reproduction rights granted are by way of licence and
no partial or other assignment of copyright shall be implied.
- Digital Marketing Ayrshire 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 Digital Marketing Ayrshire to the client:
- Internal Use only: The right to use the images 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
- PR and Press distribution: The right to use the images as
described in 4(a); plus a licence for third parties to reproduce
such images in print or electronic media in an editorial context
where no fee has been paid to guarantee publication.
- Specified Use Only: The right to use the images once only
for the purpose as described on the invoice.
- Editorial: One reproduction only of images supplied within
one print edition of the specified title in an editorial context
- Once the client has made a booking for a specific time and
date, Digital Marketing Ayrshire will not accept any other work
from other clients for those times and dates.
- As a result, once a booking is made, if it is subsequently
cancelled, a cancellation fee will be charged to the client
according to the following schedule. When a client cancels a
booking within two weeks of any confirmed date, a fee of 10%
of the cost of booked session will be charged. When a client
cancels photography within one weeks of any confirmed date,
a fee of 20% 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 Digital Marketing Ayrshire.
- Until Digital Marketing Ayrshire has invoiced the reproduction
fee neither party is committed to grant or acquire any reproduction
rights in any image. After a fee has been agreed and an invoice
issued there is a firm and binding contract whereby Digital
Marketing Ayrshire 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 Digital Marketing Ayrshire may in its discretion cancel
subject to the client paying a cancellation fee.
- The client's right to reproduce an image arises only when
Digital Marketing Ayrshire ‘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 Digital Marketing
Ayrshire to rescind the Agreement and rendering the client liable
for the payment of damages.
- If payment is not made in accordance with (a) above then Digital
Marketing Ayrshire may rescind this Agreement and recover damages,
or, at its option, may exercise its statutory right to interest
under the Late Payment Of Commercial Debts (Interest) Act 1998.
- If any invoice issued to the client is not paid by the Due
Date, then all unpaid invoices issued to the client become due
of immediate effect, even if it is less than 30 days from the
issue date, and that Digital Marketing Ayrshire may consider
these invoices as overdue when pursuing legal action for the
recovery of said debts.
- A fee of £5 will be made for each account reminder,
duplicate invoice, or any other paperwork, correspondence or
phone calls involved with the pursual of a debt. This fee is
non-refundable, and represents the additional time spent pursuing
- Digital Marketing Ayrshire reserves the right to suspend ongoing
services, such as (but not limited to) access to the download
web page or other distribution of images, 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.
- No addition to, deletion from or alteration to or adaptation
of an image may be made without the written permission of Digital
- 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, a copy of the relevant pages
containing any image supplied are to be furnished to Digital Marketing
Ayrshire free of charge within two weeks. In other media, evidence
of use must be made available if requested.
- While Digital Marketing Ayrshire takes all reasonable care
in the performance of this agreement generally, it 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.
- The client agrees to indemnify Digital Marketing Ayrshire
in respect of any claims or damages or any costs arising in
any manner from the reproduction without proper reproduction
rights of any image supplied to the client by Digital Marketing
- 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 Digital
Marketing Ayrshire 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 image. In the event that the image issued or reproduced
by or with the authority of the client then the client shall
indemnify Digital Marketing Ayrshire against any loss or damage,
proceedings or costs where such rights, releases or consents
have not been obtained.
- This Agreement shall be subject to and constructed according
to Scottish Law and the parties agree to accept the exclusive
direction of the Courts of Scotland.
- No variation of terms and conditions set out herein shall
be effective unless agreed in writing by both parties.