Terms and Conditions
1. Definitions
For the purpose of this agreement "the Client" shall where the context so admits include their respective assignees, sub-licensees and successors in title. "Photographs" means all photographic material furnished by Robert Gooch, whether transparencies, negatives, prints, digital image files or any other type of physical or electronic material.
2. Copyright
The entire copyright in the Photographs is retained by Robert Gooch at all times throughout the world. Robert Gooch supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Robert Gooch's grant of reproduction rights in respect thereof.
3. 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 Photographs before payment in full of the relevant invoice(s) without Robert Gooch'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 Client as stated and its benefit shall not be assigned to any third party without Robert Gooch's permission. Accordingly, even where any form of 'all media' Licence is granted, Robert Gooch's permission must be obtained before any use of the Photographs for other purposes. 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.
4.Reproduction rights
Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, 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.
The following terms are used when describing the reproduction rights granted by Robert Gooch to the Client:
(a) Internal Use only: The right to use the pictures 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 intranet site.
(b) PR and Press distribution: The right to use the pictures as described in (a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
5.Payment
Payment by the Client 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 The Photographer 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. Robert Gooch reserves the right to suspend ongoing services, such as (but not limited to) the On-line proof pages or other distribution of pictures, 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.
5. Rejection
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
6. Cancellation & postponement
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.
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