I retain copyright to all of my images and photographs as being the “creator of original work” under the Copyright, Designs and Patents Act 1988. When commissioned by you, the images I produce will be exclusive to you for the period of the agreed licence and I will chase any infringements of this copyright on your behalf.
For more information on copyright & photography at copyright4clients
It is important that you discuss your photography commission and fully brief me with as much information as possible including any details about where and how you would like to use the images.
My initial “base use” licence is calculated according to the Association of Photographers guidelines, which is usually two years and one media use. What “use” has been agreed will be stated on the final invoice.
My images are not to be shared or distributed with other organisations or individuals without my knowledge and agreement. Anyone connected with the publication of my images should be made aware of any agreement between us and any additional use may incur an additional fee or may result in me pursuing copyright infringement.
If there is anything about my T&Cs which you don’t understand or don’t agree with please contact me to discuss.
A pdf version of my Terms & Conditions is available on request.
Terms and Conditions:
1. Definitions: For the purpose of this agreement “the Client” shall where the context so admits include their respective assignees, sublicencees and successors in title. “The Client” refers to the Photographer’s direct client or the client’s agent as applicable. “Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical, electronic or digital material.
“The Photographer” refers to Colin Hawkins.
2. Copyright: The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. Ownership of Materials: Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
4. 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 the Photographer’s express permission.
4.1 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.
4.2 The Licence only applies to the Client and product as stated on the invoice 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, the Photographer’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.
4.3 Permission to use Photographs for other 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.
5. Estimates: Estimates provided by the Photographer are based upon the information provided by the Client & any changes to the requirements for an assignment before or during a shoot may increase the fee and expenses. The Client is responsible for checking the estimate to ensure that it provides for all requirements & the correct usage licences.
5.1 If no “base Use Rate” or B.U.R. has been stated, it will be equivalent to the Photographer’s day shoot fee.
6. Conduct: During the shoot the Photographer will take account of the Client’s reasonable instructions in respect of the shoot brief. If the Client is not present during the shoot then the Photographer’s interpretation of the brief shall be deemed acceptable to Client.
6.1 A normal day is up to 9 hours (including 1 hour for lunch) between 9am and 6pm on any Working Day. Any hours worked outside a normal day (“Antisocial Hours”) may incur additional overtime fees for the Photographer, crew and facilities.
6.2 The Photographer shall not be liable for any failure or delay in the performance of any of such party’s obligations under these terms caused by any circumstances beyond such party’s reasonable control.
7. Exclusivity: For the period of the Licence the Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer.
7.1 However, the Photographer retains the right in all cases to use Photographs in any manner, at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. In the case of unpublished material the Photographer shall first obtain the Client’s consent, such consent not to be unreasonably withheld.
7.2 After the exclusivity period indicated in the Licence to Use or on the invoice, the Photographer shall be entitled to use the Photographs for any purpose.
8. Client Confidentiality: The Photographer 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 the Photographer to carry out his obligations in relation to the commission.
8.1 It shall be the sole responsibility of the Client to arrange for any third party involved in the assignment to enter into any confidentiality agreement.
9. Indemnity: The Photographer agrees to indemnify the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property
9.1 The Photographer 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 shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
9.2 Engagements of third party suppliers, including models & crew, are subject to such terms and conditions as those parties may require which shall be made available by the Photographer on request and the Client shall be responsible for clearing model usage unless otherwise stated on the Estimate.
10. Extent of liability: The Photographer shall not be liable to the Client for any loss of profit, loss of contracts, loss of business or revenues, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Photographer, Photographer’s employees, agents or sub-contractors or otherwise) which arise out of or in connection with the shoot.
10.1 Nothing in these terms excludes or limits the liability of the Photographer for death or personal injury caused by the Photographer’s negligence or that of his/her employees, agents or sub-contractors, for any fraudulent statement or act or for any matter which it would be illegal to exclude.
10.2 The Photographer hereby disclaims any warranties, conditions and other terms which might otherwise be implied whether by statute, law, custom, course of dealing or otherwise, including without limitation any warranty, condition, or other terms of merchantability, quality, fitness for purpose or non-infringement to the fullest extent permitted by law.
11. Payment: Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice(s).
11.1 If the invoice is not paid, in full, within 30 days the Photographer reserves the right to charge late payment charges and 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.
11.2 If the Client wishes to question the invoice, this must be done in writing/email not more than 14 days after the date of issue of the invoice.
12. Expenses: Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses as having been agreed or estimated.
13. Rejection: Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
14. Cancellation and 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.If a confirmed shoot is cancelled or postponed for reasons outside the control of the Photographer (including unsuitable weather / light), the Photographer reserves the right to charge a cancellation fee.
Cancelation fees:
less than 24hrs 100% fee + all expenses
within 3 Working Days notice – 50% of Fee + all expenses
3 to 5 Working Days notice – 25% of Fee + all expenses
15. Right to a Credit: The Photographer asserts his statutory right to be identified as the author of his work as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1998
16. 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 the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
17. Applicable Law: This agreement shall be governed by the laws of England and Wales.
18. Variation: These Terms and Conditions shall not be varied except by agreement in writing by both parties. Neither party shall be entitled to assign, transfer, delegate or sub-contract the whole or any part of its rights and obligations under these Terms