Image Licensing: License to Use Terms and Conditions

License to Use Terms and Conditions

  1. DEFINITIONS
    (a) For the purpose of this agreement “the Client and “the Publisher” shall where the context so admits include their respective assignees, sub-licensees and successors in title.  In cases where The Artist’s Print Room’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Client and “the Publisher” shall be interpreted as references to The Artist’s Print Room’s client. “Digital Image file” means all photographic material furnished by The Artist’s Print Room, whether transparencies, negatives, prints or any other type of physical or electronic material.
    (b) For the purpose of this agreement the term  “Product” is any item offered for sale by the Client. A product can be a service or an item. It can be physical or virtual or downloadable.
    (c) For the purpose of this agreement the term “Marketing, Advertising and PR” means to bring a product, service or business to the attention of potential and current customers, for the purpose of selling products and/or services, through the use of various forms of media.
    (d) For the purpose of this agreement the term For “ALL MEDIA” means the this license is extended to include both “Product” and “Marketing, Advertising and PR” purposes, Clause 6 applies.
    2. COPYRIGHT
    The entire copyright in the Digital Image file is retained by The Artist’s Print Room at all times throughout the World.

3. OWNERSHIP OF MATERIALS
Title to all Digital Image file remains the property of The Artist’s Print Room. When the Licence to Use the material has expired the Digital Image file must be destroyed and deleted from all hard drives, flash drives, tablets, phones, CD/DVD, email correspondence and any other form of electronic digital storage device within 28-days of the Expiry date.

6. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Digital Image file before payment in full of the relevant invoice(s) without The Artist’s Print Room’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the Publisher and product(s) as stated on the front of the form and its benefit shall not be assigned to any third party without The Artist’s Print Room’s written permission. Accordingly, even where any form of ‘all media’ Licence is granted, The Artist’s Print Room’s permission must be obtained before any use of the Digital Image file for other purposes e.g. use in relation to another product or sub-licensing. Permission to use the Digital Image file 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. Unless otherwise agreed in writing, all further Licences in respect of the Digital Image file will be subject to these terms and conditions.

(a) The Client and the Publisher may not resell, relicense, redistribute this digital image file without express written permission from The Artist’s Print Room. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. The Image(s) of this digital image file may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner. Image(s) of this digital image file may not be incorporated into trademarks, logos, or service marks.
(b) The digital image file may not be made available for download.
(c) The Client and the Publisher may not develop, create, design or sell any merchandise derived from this digital image file other than that specified in Clause C; for any commercial or personal monetary value, without written instruction from The Artist’s Print Room.
(d)Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
(e) the Publisher reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
(f) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to the Publisher free of charge within two weeks. In other media, evidence of use must be made available if requested;
(g) 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, the Publisher may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

5. EXCLUSIVITY
The Client and Publisher will be authorised subject to Clause C; to publish the Digital Image file to the exclusion of all other persons/companies, excluding The Artist’s Print Room.

(a) The Artist’s Print Room retains the right in all cases to use the Digital Image file in providing its own services to the Client in any manner at any time and in any part of the World.
(b) The Client retains the right to use the digital image files for Marketing, Advertising and PR, as defined in this license.
6. SPECIFIED EXEMPTIONS
The Client and the Publisher may not supply the digital image file to or reproduce the image by a 3rd party supplier and/or competitor of The Artists Print Room or by a company who provides similar and/or same services as The Artists Print Room or use the digital image file for self publishing/printing.

All services provided by The Artist’s Print Room are exempt from this license include:

Fine Art printing, Giclée printing, Archival Printing, Pigment printing, Wide Format Printing, Canvas printing, Canvas stretching, Poster Printing, Greeting Card printing or lithographic printing or any other reproduction services mentioned on The Artists Print Room website, even where any form of ‘all media’ Licence is granted.

7. CLIENT CONFIDENTIALITY
The Artist’s Print Room will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable The Artist’s Print Room to carry out his/her obligations in relation to the commission.

8. INDEMNITY
The Artist’s Print Room agrees to indemnify the Client and the Publisher against all expenses, damages, claims and legal costs arising out of any failure by The Artist’s Print Room to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Artist’s Print Room shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify The Artist’s Print Room against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

9. WARRANTY
There is no warranty, express or implied, with the purchase of this license. The Artist’s Print Room shall not be held liable for any claims, or incidental, consequential or other damages arising out of this license or the ‘Publisher’s or the Clients use of the digital image files(s).

10. PAYMENT
Payment by the Client will be immediately on receipt of relevant invoice. If the invoice is not paid in full this license will not come into effect.  The Artist’s Print Room reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

11. EXPENSES
Where extra expenses or time are incurred by The Artist’s Print Room as a result of alterations to the original brief by the Client or the Publisher, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at The Artist’s Print Room’s normal rate to The Artist’s Print Room in addition to the expenses shown overleaf as having been agreed or estimated.

12. MISUSE OF LICENSE
In the event that the client or the publisher misuses the digital image file in any way whatsoever, other than specified on this license a misuse fee of £350 per individual infringement will be invoiced and the license will be immediately revoked.

13. On Expiry of this License Period
When the Licence to Use the digital image file(s) has expired the digital image file(s) must be destroyed and deleted from all hard drives, flash drives, tablets, phones, CD/DVD, email correspondence and any other form of electronic digital storage device within 30 days of the Expiry date.

14. Termination of this License
This license will automatically renew on expiry of the license period, the invoice must be paid in full before end of license period. You may terminate this license in writing at any time within the final 30-days of the license period.

15. RIGHT TO A CREDIT
The Artist’s Print Room’s name will be printed on or in reasonable proximity to all published reproductions of the Digital Image file(s). The Artist’s Print Room also asserts its statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.

16. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Digital Image file may not be stored in any form of electronic medium without the written permission of The Artist’s Print Room. Manipulation of the image or use of only a portion of the image may only take place with the permission of The Artist’s Print Room.

17. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales

18. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.