TERMS AND CONDITIONS OF COMMISSIONING AND/OR SUPPLY OF IMAGES FOR REPRODUCTION
For the purpose of this agreement "the Agency" and "the Advertiser" shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where Phil Cawley's client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both "the Agency" and "the Advertiser" shall be interpreted as references to Phil Cawley's client. "Photographs" means all photographic material furnished by Phil Cawley, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by Phil Cawley at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Phil Cawley. When the Licence to Use the material has expired the Photographs must be returned to Phil Cawley in good condition within 30 days.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without Phil Cawley'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 Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated and its benefit shall not be assigned to any third party without Phil Cawley's permission. Accordingly, even where any form of 'all media' Licence is granted, Phil Cawley's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs 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 Photographs will be subject to these terms and conditions.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Phil Cawley. However, Phil Cawley retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the Licence to Use Phil Cawley shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
Phil Cawley will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable Phil Cawley to carry out his/her obligations in relation to the commission.
Phil Cawley agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Phil Cawley to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Phil Cawley shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify Phil Cawley against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Phil Cawley reserves the right to charge interest and late payment fees 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.
Where extra expenses or time are incurred by Phil Cawley as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Phil Cawley's normal rate to Phil Cawley in addition to the expenses shown overleaf as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly Phil Cawley will, at his discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
Phil Cawley asserts his statutory right to be identified as the author as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Unless otherwise agreed, failure to correctly credit the Image/s will incur an additional fee of 200% of the original licence fee. If no licence fee has been agreed then the absence of a credit will attract an additional charge of £200 or an additional 200% of the standard licence fee, whichever is greater. There will be a minimum fee of £200 for the use of any image without a valid licence.
13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Phil Cawley. Manipulation of the image or use of only a portion of the image may only take place with the permission of Phil Cawley.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.
NOTE : For more information on the commissioning of photography refer to Beyond the Lens produced by the AOP.