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Terms and Conditions
Terms and conditions for borrowing and using images from Neill Bruce's Automobile Photolibrary
IT IS UNDERSTOOD THAT YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS IN FULL IF ANY IMAGES ARE USED.
1) In this Agreement the terms:
(a) IMAGE includes a transparency, negative, print, digital image or
artwork which may be offered for the purposes of reproduction;
(b) REPRODUCTION includes any form of publication or copying of the
whole or part of any image, altered or not, whether by printing,
photography, slide projection, xerography, artist's reference, artist's
illustration, layout or presentation, electronic or mechanical reproduction,
any internet use or storage by any other means.
(c) WE/OUR/US refers to Neill Bruce's Automobile Photolibrary, and YOU/YOUR refers to you the Client or user.
2) Images are supplied on LOAN and no property or copyright in any images shall pass to you whether on its submission or on our grant of reproduction rights in respect thereof.
3) We reserve the right to charge a non refundable service fee to cover
administrative costs and dispatch of images. The minimum fee is £15.
This is payable by you on each submission and resubmission of images
whether or not reproduction rights are required or granted. You shall pay
for courier, express or any other special delivery arrangement requested.
4) (a) You the company employing or commissioning the individual
(including freelance picture researchers) to whom images are lent or sent
are held responsible for their safe keeping and return in good condition.
It is also your responsibility to inform us of their intended use, and to
ensure payment is made. This responsibility extends to any third party
who may hold the images for printing or other work. i.e. You (and your
company) are responsible for your printer's actions.
(b) Our Advice Note will list all the images delivered to you, which shall
be presumed to have been received in good condition, unless within 3
days of receipt we receive notification of any discrepancy or damage.
(c) Risk in and responsibility for images passes to you from the time they
are received until their safe return. You shall immediately inform us in
writing of any known loss or misuse of, or damage to the images while in
your possession or that of any third party. If an image is not returned
within 12 weeks of the date for return, we may at our sole discretion
presume it to be lost.
(d) All images must be returned by 'trackable delivery' involving a signature for safe receipt. They should be insured to the relevant value, and must be properly wrapped, to protect them from damage.
5) (a) You shall be liable to pay us compensation of £450 in respect of
each lost, stolen or irreparably damaged transparency or negative, and a
minimum charge of £20 each for photographic prints. Artwork will be
quoted separately on supply. Payment of compensation does not give rise
to any rights in any image. These figures have been assessed by us and are
a genuine pre-estimate of the loss which would be suffered if such an
image were to be lost or damaged. You are urged to take out insurance to
cover the total value of the images delivered.
** (Please note that Royal Mail Special Delivery does NOT cover
photographs, unless their consequential loss insurance is taken out.)
(b) An image subsequently found must be returned immediately. If it is undamaged you will be credited with the compensation paid less a rental fee (under Clause 6) from the date the image was due for return until the date the image is received back by us.
6) All images not selected must be returned within 30 days of the date of the advice note. All images that are not being used, and which are not returned within this time will incur a holding fee of £5.00 per image per week or part thereof for each additional week held, unless an extended loan period has been agreed with us. Those images that are used must similarly be returned within one month of publication.
7) The reproduction by whatever means of the whole or any part of any image (including, without limitation, slide projection, artist's reference, artist's illustration, layout or presentation of Images) is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an image is intended to be used. We will then consider whether we would wish to grant a licence and, if so, on what terms.
8) Reproduction rights (if granted), unless otherwise agreed in writing are:
a) deemed an acceptance of these terms and conditions,
b) non-exclusive reproduction rights for single use only in the United
Kingdom. A single use means a reproduction in one size for one edition
of a single publication, published in one language only,
c) strictly limited to the use, period of time and territory stated in the
licence/invoice,
d) personal to you and not assignable by you to any third party,
e) granted on condition that all fees will be paid by the end of the month
following the month of invoicing, which should preferably be at
proofing stage.
9) If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
10) No reproduction rights are granted by virtue of delivery of images unless expressly indicated. Your right to reproduce an image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any image supplied to you. A voucher copy of all publications in which our images have appeared must follow on publication. This includes books.
11) Any licence granted will terminate immediately if you (a) die, (b) enter into voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any image shall constitute an infringement of copyright.
12) It is essential that images selected for exclusive rights, such as
Greetings Cards and Calendars, are checked for availability before
proceeding with reproduction. Failure to comply with this requirement
could cause you unnecessary expense, as you may well not be the only
client holding the same image for selection for the same potential use.
This condition equally applies to extensions of exclusive rights periods,
and re-use for such rights.
13) Re-use of separations, held by a publisher, in a new title or content will always attract a 100% fee. Re-use in a revised edition containing more than 15% new material will attract a new fee, usually 50% of the fee being currently charged for an equivalent new book. It is essential to discuss any re-use with us before publication in any form. This includes using existing book content in a new jacket, with a new title and ISBN number.
14) It should be noted that we do NOT hold the copyright for any image credited to The Peter Roberts Collection and therefore cannot grant any rights for reproduction. Any charge made in connection with such images will be a Facility Fee for making the images available. In general, these images are cleared for editorial illustration. Other uses considered must be discussed with us first. Whilst great care has been taken to ensure that the images credited to The Peter Roberts Collection are not infringing a third party copyright, we cannot absolutely guarantee that such a situation may not occur.
15) You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any image supplied to you.
16) While we take all reasonable care in the performance of this Agreement generally, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any image or its caption. You agree to indemnify us against any proceedings or costs involved in rectifying any caption or text errors supplied with any image supplied by us.
17) You are expressly forbidden from altering, adapting or electronically retouching our copyright images without previous permission in writing. This excludes cropping.
18) (a) Neill Bruce has asserted his right to a credit in accordance with sections 77 and 78 Copyright, Designs and Patents Act 1988. Thus all images must be credited as shown on the top of the card mount or sleeve. In the case of The Peter Roberts Collection, please add 'c/o Neill Bruce'. Unless otherwise agreed in writing, if any image reproduced by you omits the copyright notice or credit line specified by us the reproduction fee payable by you shall be subject to an increase of 50%.
(b) It is further requested that credits to museums and other private collections be given wherever possible, as indicated on the mount/sleeve.
19) Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any image shall vest in us and you hereby assign all such rights arising to us.
20) Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
21) Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the BPLC
22) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.
Neill Bruce's Automobile Photolibrary, Grange Cottage, Harts Lane, Burghclere RG20 9JN
VAT registered business No. GB 200 3099 21
