TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES
All images are copyright 1968-2017 Homer Sykes.
“We and/or “Us” means Homer Sykes My British Archive.
“You” means the person or entity named as client.
By using this website you will be deemed to have accepted these terms and conditions.
No variation of these terms or conditions shall be effective unless agreed in writing.
“Image” means any item which may be offered for the purposes of reproduction.
None of my images are Model Released or property Released. Typically they are editorial reportage photographs and should not be used for advertising and or promotional publication without written consent.
Licence for Use of Images
1) 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.
2) No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. Your right to reproduce and or exhibit 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 or use of any Image supplied to you.
3) 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.
4) Reproduction or exhibit rights (if granted), unless otherwise agreed in writing are
a) subject to these terms and conditions and any terms and conditions set out in the delivery note, other documentation supplied and licence,
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,
d) personal to you and not assignable by you to any third party.
e) not available to be shared with a third party, for example internet use, does not allow you to "share" the Image, even if it is part of an article without writte conscent.
5) If we agree that you may license the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author.
6) You must credit us and the author as specified by us every time an Image is used. If you fail to credit the Image an additional 100% of the original licence fee will be payable. In some cases if it is not possible to credit a particular use of an image you must make contact to discuss a waiver.
7) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
8) You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
Digital Use of Images
9) You acknowledge that Images are our valuable property.
10) You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:
11) Each Digital Image created by you shall be recorded and labelled with the Image reference number used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
12) Please delete the files after publication, all copies of the file /files must be deleted from all your systems and the systems of any partner companies you have sent it to. In the event of the picture not being published, all copies of the file /files must be deleted within 3 months of delivery.
13) While we take reasonable care in the performance of this agreement, 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. Damages for any other breach shall be limited to the licence fee paid by you.
14) You must pay our invoice within 30 days of issue.
15) 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.
16) 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.
17) 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.
18) 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.
19) Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the BPC
20) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit 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.
21) Moral Rights are asserted under the Copyright, Designs & Patents Act 1988.
22) In the UK. Copyright Infringement, ie the use of an image/s where a licence has not been purchased. Unauthorised users of my images, including bloggers and or website owners using an image/s on business websites will be charged at the National Union of Journalist recommended Commercial and Business rate at the very least. But it could be greater depending on the severity of the use. Unauthorised users of my images, on non commercial sites will be charged at the National Union of Journalist recommended appropriate rate.
24) Flagrancy. Typically, but not exclusively where a credit is given, but no attempt to contact the copyright holder has been made. An additional 100% uplift will be charged.
© Copyright 2001 British Photographers’ Liaison Committee/ Finers Stephens Innocent. As agreed by BAPLA, AOP, NUJ, MPA and the BFP