UNLESS OTHERWISE AGREED IN WRITING ALL COMMISSIONS UNDERTAKEN BY KIRAN MISTRY WILL BE IN AGREEMENT WITH THESE TERMS AND CONDITIONS
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 the Photographer'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 Kiran Mistry’s client. "Photographs" means all photographic material furnished by Kiran Mistry, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by Kiran Mistry at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of Kiran Mistry. When the Licence to Use the material has expired the Photographs must be returned to Kiran Mistry 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 Kiran Mistry’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 on the front of the form and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, Kiran Mistry's permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sub-licensing through a photo-library. 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 Kiran Mistry . However, Kiran Mistry 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 their work. After the exclusivity period indicated in the Licence to Use Kiran Mistry shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
Kiran Mistry will keep confidential and will not disclose to any third parties or make use of material or information communicated to the them in confidence for the purposes of the, save as may be reasonably necessary to enable Kiran Mistry to carry out their obligations in relation to the commission.
Kiran Mistry agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by Kiran Mistry to obtain any clearances for which they are responsible in respect of third party copyright works, trade marks, designs or other intellectual property. Kiran Mistry 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 Kiran Mistry 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 Kiran Mistry 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.
Where extra expenses or time are incurred by Kiran Mistry 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 Kiran Mistry’s normal rate to Kiran Mistry 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 Kiran Mistry will, at their discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If the box on the estimate and the licence marked "Right to a Credit" has been ticked Kiran Mistry's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf Kiran Mistry also asserts their 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.
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 Kiran Mistry. Manipulation of the image or use of only a portion of the image may only take place with the permission of Kiran Mistry.
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 Copyright please refer to the AOPs Copyright 4 Clients