1. In this Agreement the terms (a) material includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, design, code, text, editorial, data or any other item either electronic or not 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 material and whether or not altered by printing, photography, code editing, editing, slide 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 (c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
2. (a) The entire copyright in the material is retained by Steve Elliott at all times throughout the world.
(b) Steve Elliott supplies the technical and artistic ability to illustrate an idea photographically, graphically and any visual form, and sells the right to reproduce those materials in a given context. No property or copyright in any materials shall pass to the Client whether on its submission or on Steve Elliott's grant of reproduction rights in respect thereof.
(c) Steve Elliott asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.
(d) Unless otherwise agreed in writing if any material reproduced by the Client omits the copyright notice or credit line specified by Steve Elliott any fee payable by the Client shall be subject to an increase specified by Steve Elliott, and in any event an increase of not less than 25%
3. (a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Steve Elliott's invoice. An agreement must be reached with Steve Elliott before the materials are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any material submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Steve Elliott reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
4. The following terms are used when describing the reproduction rights granted by Steve Elliott to the Client:
(a) Internal Use only: The right to use the materials 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 materials as described in 4(a); plus a licence for third parties to reproduce such materials 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 materials once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of materials supplied within one print edition of the specified title in an editorial context only.
5. (a) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform Steve Elliott in writing of any loss or misuse of, or damage to the materials while in the Client's possession or that of any third party. If a material is not returned within four weeks of the date for return then Steve Elliott may in his sole discretion presume it to be lost.
(b) The Client shall be liable to pay compensation to the Steve Elliott in respect of each material lost or damaged. Payment of compensation does not give rise to any rights in any material. Compensation levels for the materials are available from Steve Elliott upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a material were to be lost or damaged. the Client is urged to request these figures and to take out insurance cover to cover the total value of the material delivered.
6. (a) Once the Client has made a booking for a specific time and date, Steve Elliott will not accept any other work from other clients for those times and dates.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels a booking within one week of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Steve Elliott.
7. (a) Until Steve Elliott has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any material. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Steve Elliott is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Steve Elliott may in his discretion cancel subject to the Client paying a cancellation fee.
(b) The Client's right to reproduce any material arises only when Steve Elliott's invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights, and a breach of this Agreement entitling Steve Elliott to rescind the Agreement and rendering the Client liable for the payment of damages.
(c) Steve Elliott's invoice shall be paid within 28 days of issue. Invoices which are settled within 14 days of issue may be entitled, at Steve Elliott's sole discretion, to a discount of 4% off the gross amount shown on the invoice.
(d) If payment is not made in accordance with (a) above then Steve Elliott may rescind this Agreement and recover damages, or, at his option, may exercise his statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998. All discounts and added incentives can, at the discretion of Steve Elliott, be fully rescinded and the full non discounted amount becomes fully payable.
(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Steve Elliott may consider these invoices as overdue when pursuing legal action for the recovery of said debts.
(f) A fee of £15.50 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuit of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.
(g) The Late Payments Calculator shown on the front of the invoice is a guide to charges that will be made to an overdue invoice. These charges may vary due to the nature of the debt: for example, if reminders are sent out every two weeks instead of monthly. This guide is shown to clarify Steve Elliott's charges for late payment, and publication of them does not constitute a right to pay an invoice after the Due Date.
(h) Steve Elliott reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of materials, 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.
(i) Steve Elliott will only accept direct communication from the client or their UK Law Society Registered Legal Representative / Chartered Accountant in regards to all financial matters. Unless they are the action of a court appointed insolvency agent.
(j) Steve Elliott may record telephone conversations for training and monitoring purposes. under Telecommunications (Lawful Business Practice)(Interception of Communications) Regulations 2000 ("LBP Regulations").
8. (a) On the Client's death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Steve Elliott may at any time thereafter inspect any records, accounts and books relating to the reproduction of his materials to ensure that the materials are being used only in accordance with the rights granted to the Client.
9. (a) Steve Elliott will edit every take and deliver what he considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.
(b) No addition to, deletion from or alteration to or adaptation of a material may be made without the written permission of Steve Elliott.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
10. In the case of printed publications, three copies of the relevant pages containing any material supplied are to be furnished to Steve Elliott free of charge within two weeks. In other media, evidence of use must be made available if requested.
11. (a) While Steve Elliott takes all reasonable care in the performance of this agreement generally, he shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any material or its caption.
(b) The Client agrees to indemnify Steve Elliott in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any material supplied to the Client by Steve Elliott.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Steve Elliott gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any material. In the event that the material issued or reproduced by or with the authority of the Client then the Client shall indemnify Steve Elliott against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
12. (a) This Agreement shall be subject to and constructed according to United Kingdom Law and the parties agree to accept the exclusive direction of the Courts of Scotland.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Payment should normally be made by crossed cheque made payable to "Steve Elliott". BACS details can be supplied upon request. Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.
Any and all the content of our websites, and any other website where license to use has been granted, and other publications in any form electronic or other are copyright. Please do not use without our prior written consent.
Under international (Bern convention), UK (including the "Copyright, Designs and Patents Act 1998"), US, and other national laws, it is not permitted to copy any original work of art including photographs which are subject to copyright, and textual content, without the copyright holders consent.
Photographic & Other Images
Please note that prohibition from copying images includes using derived and modified versions of images, inter alia because the modification itself entails copying. Any comments about images includes modified images or digitally created images.
As copyright owners we do license other parties to use our images for specified purposes subject to receipt of suitable fees, and the use of copyright notices. Prospective licensees should contact us with details of intended use, and their standard terms if any. Our terms will apply in the event of any other written agreement. It is not our habit to license our images for use in competition with our own business.
All images must be accompanied by a copyright notice and credit, e.g. © Steve Elliott
If used on the internet whether on a website or auction, the copyright notice must also provide a link to our appropriate website or websites, e.g. © www.steveelliottimages.co.uk. The copyright notice and credit should be clearly legible, and of a readable size, at least that of the normal text size in the article or web page. It must be clearly placed close to the image used.
Informing of use
All uses of images should be reported to firstname.lastname@example.org. Failure to do so will be deemed in breach of copyright or license. This includes Model portfolios, Model Tests and all commercial based images.
License Fee Guidelines
We consider the following to be minimum rates, per single image, per use. All exclude VAT.
Percentage surcharges will be compounded. (Double x double = x 4) Description Fee
Electronic Transmission Included in standard fee
Omission of credit, copyright notice or link. Double Fee
Use without prior consent Double Fee
Modification without prior consent Double Fee
Commercial use without valid license Double Fee
Attempted disguise Double Fee
Passing off as own work Double Fee
Use in competition with our business * But see our other comments. Double Fee
Free Private Usage
We will allow free use in a number of circumstances, including:
Educational use. Single copy of one or more of our images as part of homework, coursework or similar,
Educational use. Teacher / lecturer use of one or more images.
For the above, we do not require prior consent or notice.
Club and charities. for educational or non commercial purposes, and private individuals, we must be notified.
In all cases, you should include a copyright notice and credit, with a working link if it is on a website or auction site.
All free use must be non-commercial, and not compete with our business, or promote any of our competitors direct or indirect.
We reserve the right to alter or withdraw our free use conditions generally or in specific cases.
We will not normally allow use of our images or other material by competitors, even though we have quoted a 100% surcharge in our "Additional Charges" table.
We will always take action against any parties making unauthorised use of our images.
We will expect to recover damages for non-payment of the above published fees and charges, and for damage to our business caused by any use which competes with our business, including sales by private sellers auction sites or similar, or other websites.
In addition we will seek payment of any and all administrative costs, legal fees and any other expenses and costs we incur in proving unauthorised use, tracing the offender, and collecting payment.
Ignorance of copyright law shall be no defence against any claim we may make or action we may take to enforce our rights.
Remedy Following Unauthorised Use
Where we discover unauthorised use and contact the offender, we invite the offending party to reach a settlement with us by:-
Admitting the unauthorised use, stating when and where the images were obtained, not requesting us to prove the misuse or demonstrate our ownership, providing an account of any profit or gain by its use, apologising for the misuse, giving an undertaking not to repeat the misuse, making an offer to compensate us. Any payment should accompany the offer.
We will, without prejudice, look favourably on genuine and timely attempts to compensate us.
Denial of Unauthorised Use
Any denial of unauthorised use should include your full identity and contact details, including EBay member ID (or similar) where applicable. You should state where, when and how your images were obtained, including third party details if applicable. Claims such as "found on a website" or "other people have used it" will not be accepted.
While we may seek to rely on any or all of the above, it is to be taken as without prejudice to any action or claim on our behalf. We reserve the right to change this page or any of our copyright terms without notice.
Under Section 107 of the Copyright Design and Patents act 1988 it is a CRIMINAL offence to cause a work to be performed, played or shown in Public.
If you steal our copyright you can expect the following:
If you breach our copyright expect a letter like this !
Infringement of our Copyright Images (Theft of Intellectual Property Rights)
It has come to our attention that you have used one or more of our photographic images on your website or other website, without our consent.
Under international (Bern convention), UK (including the "Copyright, Designs and Patents Act 1998"), US, and other national laws, you are not permitted to copy any original work of art including photographs which are subject to copyright without the copyright holders consent.
Please note that prohibition from copying images includes using derived and modified versions of images, inter alia because the modification itself entails copying. Any comments we make about images includes modified images.
Please cease using any and all of our copyright images immediately, and desist from using them in the future.
As copyright owners we do on occasion license other parties to use our images for specified purposes subject to receipt of suitable fees, and the use of copyright notices. It is not our habit to license our images for use in competition with our own business.
We are entitled to damages from you in respect of loss of fees for your unauthorised use of our images, even if you have now removed the images or your auction has been removed. As a guide £600 per image is a typical fee we are able to charge, but our claim against you is not limited to this amount.
Because you have used our images in a manner which competes with our own business, this may have reduced our profits by reducing the prices we are able to obtain for our own similar items, or by stopping our items from selling or reaching our minimum price.
We are also entitled to request from you an account of any profits or benefits you have derived from the unauthorised use of our images, and to pay us the amount of your profit or benefit. We hereby request that you provide such account and make the appropriate payment to us.
We are entitled to, and do, hold you responsible for any and all costs we incur in obtaining satisfaction against you, including administrative fees and legal costs.
We may have already given notice to ebay or your ISP about your infringement, and reserve the right to do in future.
We request that you provide us within seven days with a written undertaking that you will not use any of our copyright images in the future,
We request that you provide us within seven days with your account of all profits or benefits as mentioned above, including all previous uses of our images.
We request that you forward to us within seven days your offer to cover all the above-mentioned profits, costs, and losses, and enclose a sterling cheque or make a transfer to our bank account. On receipt of this offer and payment, we will consider your offer, and at our absolute discretion, decide whether to accept it.
If we do not consider your offer acceptable, or if you fail to make an offer within the time, we will pass this matter to our legal advisors with instructions to enforce your compliance with our rights, including compensation.
We may also need to obtain a court injunction against you, which will involve you in substantial legal costs.
Please note that many countries can and do apply a range of statutory damages, in the USA for example up to $150,000 per item / infringement.
Use of our images may also have the effect of making your items appear similar to ours, or to give the impression that you are associated with us, licensed by us, or in some other way endorsed by us. It is also possible that any similarity may result in an action for passing off, for which we may have similar or other remedies available to us against you.
If you are in any doubt about which of our image or images you have used, it follows that you must have used images from a variety of sources, in which case you almost certainly have infringed the copyrights of others. It is not our responsibility to identify each and every image to you, or to provide proof of our ownership of the rights to the images. If you insist on us providing you with copies or the locations of each original, we retain the right to charge you an administrative fee.
We have invested a considerable amount of money to equip ourselves with high quality professional photographic equipment, lighting equipment, computer equipment, and computer software, in order to be able to capture high quality professional photographic images. We have also invested considerable amounts of time in training and education to enable us to produce high quality results, and invested much time in the taking, recording, and processing of our images.
It is with much anger and frustration that we note almost daily theft of our copyright material by private individuals and companies alike. You may consider your own infringement to be marginal or harmless. We can assure you that we see it as part of a larger and more serious problem. We are determined that theft of our copyright material will not go unpunished, and will seek appropriate compensation from any and all unauthorised users of our images or other copyright material, and this will include punitive as well as actual damages.
If you have not already provided us with your name address and full contact details, please ensure that you do so immediately. If we have to obtain this information from ebay, your ISP or elsewhere, we reserve the right to charge you an administrative fee.
We reserve the right to seek any and all other remedies against you.
None of the above should be taken to limit or prejudice any of our rights.
If you in any doubt about any of the above, we suggest you consult a legal advisor.
Ignorance is No Defence
Ignorance of the law is no defence. Most people when caught in a transgression immediately plead ignorance, whether it be copyright theft, speeding, or other offence. We suspect that most people know when they have offended, but are devious enough to try to lie their way out of any penalty. Others have a strategy of pre-emptive counter attack, and get really nasty (it would probably be more accurate to say that their inherent nastiness comes to the surface), and threaten us with legal action or compaints to eBay about us for trying to protect and enforce our rights. We can assure you that when people get nasty with us, it makes us more resolved to extract a penalty from them.
BASIC TERMS & CONDITIONS
2. Delivery Policy – Your order will normally be dispatched in 3-4 weeks from the date of your order. Ordinarily it may be sent much earlier. During busy months such as MAY, JUNE, JULY & December we may be away from the office for 2-3 weeks at a time and cannot physically process the order. Should you need urgent delivery please contact us to inquire about delivery times. It will be sent by Royal Mail Recorded and will need to be signed for. Because of this we tend to mail towards the end of the week so your items should arrive on a Saturday. A day when many people are at home. If you would like to track your package once posted please let us know and we will happily provide the tracking number for you. Postage prices are determined automatically by the website based on a percentage of your order value. Should you order electronic Delivery, a Dropbox Link will be made available to you to download your images with in 48 hours of your order.
3. Refund / Cancellation Policy – Should you wish to cancel your order you can by contacting us on 07534 167660 or email@example.com All cancellations must be made within 24 hours of the original order. Deposits for future projects can not be refunded except in exceptional circumstances. Should these occur please contact us and we will be happy to come to a resolution with you. Refunds will not be issued for postponements of events as long as the new date is clear and available to be booked in our diary. If you can't provide a new date but still wish to book us, we reserve the right to hold your deposit.
4. Pricing list - All prices are available to view on our website with in the VIEW YOUR PICTURES area of our website. Please note we are NOT VAT REGISTERED.
5. Contact us – We can be contacted during office hours 9:30 am - 6:30 pm Monday to Friday . The easiest way to contact us is to call 07534167660 or email: firstname.lastname@example.org .
6. We are Steve Elliott, Sole Trader, trading as Steve Elliott Imaging.
Reasons Why Professional Photographers Cannot Work for Free
Dear potential photo buyer,
If you have been directed to this page, it is likely that you have requested the use of an image or images for free or minimal compensation.
As professional photographers, we receive requests for free images on a regular basis. In a perfect world, each of us would love to be able to respond in a positive manner and assist, especially with projects or efforts related to areas such as education, social issues, and conservation of natural resources. It is fair to say that in many cases, we wish we had the time and resources to do more to assist than just send photographs.
Unfortunately, such are the practicalities of life that we are often unable to respond, or that when we do, our replies are brief and do not convey an adequate sense of the reasons underlying our response.
Circumstances vary for each situation, but we have found that there are a number of recurring themes, which we have set out below with the objective of communicating more clearly with you, and hopefully avoiding misunderstandings or unintentionally engendering ill will.
Please take the following points in the constructive manner in which they are intended. We certainly hope that after you have had a chance to read this, we will be able to talk again and establish a mutually beneficial working relationship.
Photographs Are Our Livelihood
Creating compelling images is the way we make our living. If we give away our images for free, or spend too much time responding to requests for free images, we cannot make a living.
We Do Support Worthy Causes With Images
Most of us do contribute photographs, sometimes more, to support certain causes. In many cases, we may have participated directly in projects that we support with images, or we may have a pre-existing personal relationship with key people involved with the efforts concerned. In other words, each of us can and does provide images without compensation on a selective basis.
We Have Time Constraints
Making a leap from such selective support to responding positively to every request we get for free photographs, however, is impractical, if for no other reason than the substantial amount of time required to respond to requests, exchange correspondence, prepare and send files, and then follow-up to find out how our images were used and what objectives, if any, were achieved. It takes a lot of time to respond to requests, and time is always in short supply.
Pleas of “We Have No Money” Are Often Difficult to Fathom
The primary rationale provided in nearly all requests for free photographs is budgetary constraint, meaning that the requestor pleads a lack of funds.
Such requests frequently originate from organisations with a lot of cash on hand, whether they be publicly listed companies, government or quasi-government agencies, or even NGOs. Often, it is a simple matter of taking a look at a public filing or other similar disclosure document to see that the entity concerned has access to significant funding, certainly more than enough to pay photographers a reasonable fee should they choose to do so.
To make matters worse, it is apparent that all too often, of all the parties involved in a project or particular effort, photographers are the only ones being asked to work for free. Everyone else gets paid.
Given considerations like this, you can perhaps understand why we frequently feel slighted when we are told that: “We have no money.” Such claims can come across as a cynical ploy intended to take advantage of gullible individuals.
We Have Real Budget Constraints
With some exceptions, photography is not a highly remunerative profession. We have chosen this path in large part due to the passion we have for visual communication, visual art, and the subject matters in which we specialise.
The substantial increase in photographs available via the internet in recent years, coupled with reduced budgets of many photo buyers, means that our already meager incomes have come under additional strain.
Moreover, being a professional photographer involves significant monetary investment.
Our profession is by nature equipment-intensive. We need to buy cameras, lenses, computers, software, storage devices, and more on a regular basis. Things break and need to be repaired. We need back-ups of all our data, as one ill-placed cup of coffee could literally erase years of work. For all of us, investment in essential hardware and software entails thousands of dollars a year, as we need to stay current with new technology and best practices.
In addition, travel is a big part of many of our businesses. We must spend a lot of money on transportation, lodging and other travel-related costs.
And of course, perhaps most importantly, there is a substantial sum associated with the time and experience we have invested to become proficient at what we do, as well as the personal risks we often take. Taking snapshots may only involve pressing the camera shutter release, but creating images requires skill, experience and judgement.
So the bottom line is that although we certainly understand and can sympathise with budget constraints, from a practical point of view, we simply cannot afford to subsidise everyone who asks.
Getting “Credit” Doesn’t Mean Much
Part and parcel with requests for free images premised on budgetary constraints is often the promise of providing “credit” and “exposure”, in the form or a watermark, link, or perhaps even a specific mention, as a form of compensation in lieu of commercial remuneration.
There are two major problems with this.
First, getting credit isn’t compensation. We did, after all, create the images concerned, so credit is automatic. It is not something that we hope a third party will be kind enough to grant us.
Second, credit doesn’t pay bills. As we hopefully made clear above, we work hard to make the money required to reinvest in our photographic equipment and to cover related business expenses. On top of that, we need to make enough to pay for basic necessities like food, housing, transportation, etc.
In short, receiving credit for an image we created is a given, not compensation, and credit is not a substitute for payment.
“You Are The Only Photographer Being Unreasonable”
When we do have time to engage in correspondence with people and entities who request free photos, the dialogue sometimes degenerates into an agitated statement directed toward us, asserting in essence that all other photographers the person or entity has contacted are more than delighted to provide photos for free, and that somehow, we are “the only photographer being unreasonable”.
We know that is not true.
We also know that no reasonable and competent photographer would agree to unreasonable conditions. We do allow for the fact that some inexperienced photographers or people who happen to own cameras may indeed agree to work for free, but as the folk wisdom goes: “You get what you pay for.”
One other experience we have in common is that when we do provide photographs for free, we often do not receive updates, feedback or any other form of follow-up letting us know how the event or project unfolded, what goals (if any) were achieved, and what good (if any) our photos did.
All too often, we don’t even get responses to emails we send to follow-up, until, of course, the next time that someone wants free photographs.
In instances where we do agree to work for free, please have the courtesy to follow-up and let us know how things went. A little consideration will go a long way in making us feel more inclined to take time to provide additional images in the future.
We hope that the above points help elucidate why the relevant photographer listed below has sent you to this link. All of us are dedicated professionals, and we would be happy to work with you to move forward in a mutually beneficial manner.
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