Before the small print starts can I just put your mind at rest.
They are here to protect both client and photographer. They only become active if there is a problem, which, thankfully, is as rare as hens teeth.
A quick word about copyright – hopefully this will mean you don’t need to consult the Copyright and Design patents act 1988 which is a brilliant document – but long and detailed!
People who create things automatically own the copyright to them – musicians, artists, photographers, software designers etc. This is enshrined in law and is there, again, to protect both the creator and the person using the end product.
I retain the copyright but you gain the ability to use the images for a wide range of purposes. Your website, your cards, newsletters, emails, brochures, internal marketing and many other uses.
My fee reflects the use you will get from the images and saves there being any grey areas when it comes to usage as long as it is promoting you or your business. You and I both don’t want to be contacting each other every time you want to use an image or I see one being used in a place or format we hadn’t agreed.
There is a restriction – please don’t resell the images or let third parties use them to promote their own goods or services. I took the images to promote you and/or your business, no-one elses.
If you do decide that your images would be beneficial for you and a third party – joint publicity or advertising then get in touch and we can easily sort something out.
So, how does me retaining the copyright protect you? Easy, I will (and do) chase infringers.
The internet is a fabulous place, revolutionary for business and great for pleasure. However, it makes stealing other peoples work very easy. As the copyright holder it means I do all the work chasing unlawful usage of my work. This saves you the trouble of policing your images. There is no cost to you as the infringer pays any legal costs and the image is removed – protecting both your brand and my copyright. Win, win.
I always embed copyright data within the image file and can change it to accommodate the way an image is used. For instance, I can stipulate that the image is only used for that press release/article and the publication can’t hold the image on file and use it for something unrelated in the future. Again, it’ll be us chasing unlawful usage.
If you don’t understand something or don’t like something then please get in touch to talk about it.
Of course, you can use a photographer who hasn’t bothered with terms and conditions. Just cross your fingers and hope for the best!
Anyway, on to the small print, thanks for reading…
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 Jonathan Bowcott’s (t/a Your Headshot) 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 Jonathan Bowcott’s (t/a Your Headshot) client. “Photographs” means all photographic material furnished by Jonathan Bowcott (t/a Your Headshot) whether transparencies, negatives, prints or any other type of physical or electronic digital material.
The entire copyright in the photographs is retained by Jonathan Bowcott (t/aYour Headshot) at all times throughout the world. The Photographer also asserts his statutory right to be identified in the circumstances set out in sections 77-79 of the Copyright and Patents Act 1988 or any amendment or re-enactment thereof. Any copying and distribution of the image(s), outside of the agreed licence, by whatever means is considered to be in breach of copyright and you may be prosecuted under the aforementioned Copyright Act.
- OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Jonathan Bowcott (t/a Your Headshot) When the licence to use the material has expired the Photographs must be returned to Jonathan Bowcott (t/a Your Headshot) 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 Jonathan Bowcott’s (t/a Your Headshot) 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 invoice and or licence to use and its benefit shall not be assigned to any third party without Jonathan Bowcott’s (t/a Your Headshot) express permission. Accordingly, even where any form of “all media” Licence is granted, Jonathan Bowcott’s (t/a Your Headshot) permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photo library. Permission to use the Photographs for purposes outside the terms of this Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further usage. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions. Prior arrangement should be made for any image taken as part of a session (and not specifically for the cover of a publication) that is subsequently used as a cover image as it may be subject to an additional fee.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including Jonathan Bowcott (t/a Your Headshot). However, Jonathan Bowcott (t/a Your Headshot) 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 Jonathan Bowcott (t/a Your Headshot) shall be entitled to use the Photographs for any purposes.
- CLIENT CONFIDENTIALITY
Jonathan Bowcott (t/a Your Headshot) 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 Jonathan Bowcott (t/a Your Headshot) to carry out his obligations in relation to the commission.
Jonathan Bowcott (t/a Your Headshot) agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of the failure by the photographer to obtain any clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
- A DAY
A photographic day is normally 8 hours between 8am and 7pm and includes a ‘lunch’ break. Jonathan Bowcott (t/a Your Headshot) reserves the right to levy an additional fee if the day overruns or the hours are considered to be unsocial.
Payment by the Agency will be expected for the commissioned work within 14 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 14 days Jonathan Bowcott (t/a Your Headshot) 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 was made. The interest rate penalty is currently 8% above the base rate of the Bank of England. We understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
All clients should ensure that goods entrusted to Jonathan Bowcott (t/a Your Headshot) are insured against all risks.
Where extra expenses or time are incurred by Jonathan Bowcott (t/a Your Headshot) as a result of alterations to the original brief by the Agency or Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Jonathan Bowcott’s (t/a Your Headshot) normal rate to Jonathan Bowcott (t/a Your Headshot) 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.
- CANCELLATION AND POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly Jonathan Bowcott (t/a Your Headshot) will, at his discretion, charge a fee for cancellation or postponement. This may include incurred costs and any cancellation fees levied upon Jonathan Bowcott (t/a Your Headshot) as a result of a cancellation.
- RIGHT TO A CREDIT
If the box on the invoice and licence marked “Right to a credit” has been ticked Jonathan Bowcott’s (t/a Your Headshot) name will be printed on or in reasonable proximity to all published reproductions of the photograph(s). Credit line to read Photo: Jonathan Bowcott. Jonathan Bowcott (t/a Your Headshot) also asserts his statutory right to be identified in the circumstances set out in sections 77-79 of the Copyright and Patents Act 1988 or any amendment or re-enactment thereof.
- IMAGE PREPARATION
By default, images are usually supplied as 8 bit JPEGS with an embedded sRGB profile. For best results clients are advised to have colour management switched on in Photoshop to ensure colour accuracy. Jonathan Bowcott (t/a Your Headshot) will not accept any responsibility for colour shifts or any other colour management issues arising from the agreed formats described above. Any changes to this agreed colour management policy needs to be made, in writing, prior to any shoot.
- 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 Jonathan Bowcott (t/a Your Headshot). Manipulation of the image or any use of only a portion of the image may only take place with the permission of Jonathan Bowcott (t/a Your Headshot).
- IMAGE DELIVERY
Your Headshot images are viewed online via a secure, password protected link sent to you via email. Once you have made your final choices a separate link will be sent with the chosen files available as high resolution downloads. Downloading of the files is seen as acceptance of the images and any changes or requests made to files once they have been downloaded will incur further fees. Those further fees available on request.
- ARCHIVAL STORAGE
Jonathan Bowcott (t/a Your Headshot) endeavours to digitally archive images for 2 years after the work is completed. Images are stored on a minimum of two separate hard drives. Whilst it is impossible to guarantee digital data storage this method ensures Jonathan Bowcott (t/a Your Headshot) is as safe as is practicably possible. However, Jonathan Bowcott (t/a Your Headshot) cannot accept responsibility for long term, indefinite storage unless prior agreement has been made in writing. Jonathan Bowcott (t/a Your Headshot) cannot accept responsibility for any loss resulting from unforeseen, unexpected or catastrophic failure to the storage devices. Any image retrieval requests may incur a fee.
- APPLICABLE LAW
This agreement shall be governed by the laws of England and Wales.
These terms and conditions shall not be varied except by agreement in writing