'We' and/or 'Us' means Ecoscene. 'You' means the person or entity named as the client. 'Image' means any item that may be offered for the purposes of reproduction, including where appropriate a digital image. You will have deemed to have accepted these conditions unless you notify us to the contrary and return all the images to us within 5 days of receipt. No variation of these terms or conditions shall be effective unless agreed in writing.

Supply of images

1. The photographs are submitted on loan at your request, on approval only. Our delivery note lists the images delivered to you, which shall be deemed to have been received complete and in good condition, unless we receive notification of any discrepancy or damage within 48 hours of receipt.
    
2. Images belong to us. They are your responsibility from the time we despatch them until we receive them back. You are urged to take out insurance to cover the total value of the images delivered.
    

Supply of images in transparency or print format

3. A service fee of £20+vat is payable by you in respect of each submission of transparencies.
    
4. 'Return date' is the date by which the images must be returned as specified on the delivery note.
    
5. Images retained beyond the Return Date and not reproduced will be charged a holding fee of £1 per image per week. Payment of a holding fee does not entitle you to retain any image after its Return Date.
    
6. You must return the Images to us by a safe method, which affords proof of delivery. You must arrange adequate provision for images in transit. You must enclose a delivery note detailing and totalling the returned images and must send that note by separate post, fax or email.
    
7. You must notify us in writing of any loss or damage. You must pay us £500 compensation for each image lost or damaged. This is a genuine pre-estimate of the loss we will suffer. Any image returned without its mount or with its caption missing or defaced may incur a replacement charge of £10. Payment of compensation does not entitle you to any additional rights in the material. An image subsequently found must be returned immediately. If it is undamaged, you will be credited with the compensation paid less a holding fee, from the Return Date to the date the image is returned. Such credit will never be less than 20% of any compensation paid.
    

Licence for use of images

8. The reproduction by whatever means of the whole or part of any image (including without limitation, slide projection, artist's reference, artist's illustration, layout and 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.
    
9. 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 of 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, costs or expenses we incur arising from the reproduction of any image supplied to you.
    
10. You must satisfy yourself that all the 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 the 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.
     
11. Reproduction rights (if granted), unless otherwise agreed in writing are
     
    1. subject to these terms and conditions and any terms and conditions set out in the delivery note and licence,
    2. 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,
    3. strictly limited to the use, period of time and territory stated in the licence,
    4. personal to you and not assignable by you to any third party.
        
12. If we agree that you may licence the use of any image to a third party, you shall enter into an agreement with such third party to ensure that they are bound by the licence terms restricting printing, copying, networking, multiple access or other uses 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.
     
13. You must credit us and the author as specified by us every time an image is used. If you fail to credit the Image an additional 50% of the original licence fee will be payable.
     
14. Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
     
15. You must provide us on publication at least one complimentary copy of any publication in which the reproduction of the image appears.
     

Digital use of images

16. You acknowledge that images are our valuable property, as are any digital images created from the images ('digital images')
     
17. You may not create, store or transmit digital images without our permission, except so far as is incidental and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:
     
18. Each digital image created by you shall be recorded and labelled with the image reference number used by us and our copyright credit information as an integral part of the image file and held on an electronic database under your sole possession and control.
     
19. Unless otherwise agreed, any digital image you create must not be greater in size than 640x480 pixels, 72dpi. Any use of the digital images shall be in a format designed so that it will not be possible to alter, manipulate or adapt any digital image in any way during the normal course of the product.
     
20. You agree to destroy all digital images including any pre-press or pre-production copies of the images and any copies or records of the images held on a database within 90 days of the date of receipt of the images or the completion of the maximum production run, expiry of the licence term, whichever is later.
     

Miscellaneous

21. While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from the reproduction of any image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.
     
22. You must pay our invoice within 30 days of issue. However in the case of newspaper, periodical and broadcasting only, if we agree in advance, you may pay by the end of the calendar month immediately following publication or use or within 6 months of the issue of our invoice, whichever is sooner.
     
23. 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) Act1998 from the date the payment was due until payment is made.
     
24. 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 your obligations under these Terms and Conditions within 28 days of us giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and further exploitation of any image shall constitute an infringement of copyright.
     
25. 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 such rights arising to us.
     
26. 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.
     
27. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the BPLC.
     
28. These Terms and Conditions shall be governed by the laws of England and Wales. 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.
     

Copyright © 2001 British Photographers' Liaison Committee / Finers Stephens Innocent as agreed by BAPLA, AOP, NUJ, MPA and the BFP