Terms and Conditions of Use
Report digital is a member of The British Association of Picture Libraries and Agencies (BAPLA). Our Terms & Conditions of Trading are based on those agreed by BAPLA, AOP, NUJ, MPA and the BFP and are considered standard within the industry. We license reproduction of our pictures by size and use which is often known as "Right management" or "Traditional licensing". Please note our pictures are for Editorial, journalistic, literary or artistic use only.
View our Reproduction Fees all prices ex-VAT
TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES
This is a legal agreement between you, the client, and us, the image supplier. You will be deemed to have accepted all the terms of this Agreement in respect of any image you receive or download (including preview images and thumbnails) unless, in the case of images delivered by physical means, you notify us to the contrary and return all the images to us within 5 days of receipt.
1. DEFINITIONS AND INTERPRETATION
Agreement: all the terms of this Agreement including these terms and conditions, all terms set out in the delivery note and any terms set out in the invoice. The terms set out in the delivery note and the invoice replace these terms and conditions to the extent of any inconsistency.
1.2 Digital Image: any Image other than a Physical Image.
1.3 End User: your customer or client for, and the ultimate user of, the Images.
1.4 Image: any image which has been selected (whether by you or by us on your behalf) for the purposes of licensing reproduction rights.
1.5 Image Carrier: any disk, memory stick, hard drive or other physical medium containing Digital Images.
1.6 Licence: the licence set out in clause 4.
1.7 Licence Fee: any sum(s) payable by you to us in respect of the Licence.
1.8 Physical Image: any transparency, negative, print or other image in analogue physical form.
1.9 Return Date: the date by which Physical Images must be returned as specified on the delivery note or licence. If no date is specified, the Return Date shall be four weeks from the date of the delivery note.
1.10 we or us: the image supplier.
1.11 you: our client.
1.12 References to clauses are to the clauses of these terms and conditions.
2. PHYSICAL DELIVERY OF IMAGES
2.1 This clause 2 applies to Physical Images delivered to you by post, by courier or any other means and to Digital Images delivered to you on an Image Carrier.
2.2 The Images and any Image Carrier are submitted on loan at your request, on approval only. Our delivery note lists the Images delivered to you, which shall be deemed to have been received complete and in good condition unless we receive notification of any discrepancy or damage within 48 hours of receipt (not counting Saturdays, Sundays and bank holidays).
2.3 The Images and any Image Carrier belong to us at all times. All Images are your responsibility from the time we despatch them until we receive them back. In the case of Physical Images you are urged to take out insurance to cover the total value of the Images delivered.
2.4 We reserve the right to charge you any service fee specified in the delivery note to cover administrative costs and despatch of the Images on each submission and resubmission of the Images whether or not reproduction rights are required or granted. Any such service fee shall be non-refundable unless otherwise specified. We will deliver Images to you by the most appropriate safe method which affords proof of delivery, and may invoice you for the delivery costs.
2.5 You must pay the rental fee specified in the delivery note until we receive the Images back. Payment of the rental fee does not entitle you to retain any Image after its Return Date.
2.6 You must return Physical Images and any Image Carrier to us by a safe method which affords proof of delivery. You must arrange adequate protection for Images in transit. You must enclose a delivery note detailing and totalling the returned Images and must send a copy of that note by separate post, fax or email. Digital Images must be deleted in accordance with clause 6.3 or clause 12.2.
2.7 You must immediately notify us in writing of any loss or damage. You must pay us compensation for each Image lost or damaged at the rates specified on the delivery note which are a genuine pre-estimate of the loss which we will suffer. Any Image returned without its mount or with its caption or other mount data missing or defaced may incur a replacement charge at the rate set out in the delivery note. Payment of compensation does not entitle you to any additional rights in the material. An Image subsequently found must be returned immediately. If it is undamaged you will be credited with any compensation paid less a rental fee at the rate set out in the delivery note from the Return Date to the date the Image is returned. Such credit will never be less than 20% of any compensation paid.
3. DIGITAL DELIVERY OF IMAGES
3.1 This clause 3 applies to Digital Images (including preview images and thumbnails) downloaded by you, delivered to you online, or delivered to you by email or other purely digital means.
3.2 You agree to be bound by all the terms of this Agreement when you set up your user account with us and you confirm your acceptance of these terms and conditions each time you download any image, whether or not you have logged in or set up a user agreement.
4. GRANT OF LICENCE
4.1 Subject to the terms of this Agreement, we grant to you a non-transferable, non-exclusive (unless otherwise agreed in writing) licence, on payment of the Licence Fee, to reproduce the Images during the licence period, in the territory and for the purposes specified in the delivery note or the invoice.
4.2 Use of the Images is strictly limited to the purpose, medium, licence period, print run, placement, size of licensed material, territory and any other terms agreed. Unless otherwise specified in the delivery note or invoice, the Licence is for single use, meaning a reproduction in one size for one edition of a single publication in one medium only, published in one language only. The licence period commences on the date specified on the invoice (or if no date is specified, on the date of the invoice itself) and is for the full duration specified on the invoice, but the Licence only comes into effect on payment in full of the Licence Fee. If the Licence is for online use no licence for offline use is implied, and vice versa. For example, a licence to reproduce Images in a printed book does not imply any licence to reproduce the Images in an e-book. Digital use will be treated as a separate use from physical use, requiring payment of an additional fee to be agreed in advance.
4.3 You may not grant sub-licences of any of the rights included in the Licence, or sub-contract any aspects of exploitation of the rights licensed to you, without our prior written consent. However, you may grant sub-licences to End Users to reproduce the Images on terms that prohibit those End Users from granting any further sub-licence and require those End Users to comply with all the terms of this Agreement. You may also sublicense reproduction rights to printers and other production suppliers solely to the extent necessary for production purposes.
4.4 We reserve all rights in relation to the Images that are not expressly granted to you under this Agreement, whether known now, or created later, and whether or not in the contemplation of the parties at the time of this Agreement.
4.5 We may require you to cease all use of any of the Images if we reasonably believe that your use of such Images infringes the intellectual property rights of any third party, or breaches any applicable law or regulation. In this instance, we may, at our option either: a) provide you with alternative Image(s) so as to avoid the infringement; or b) terminate this Agreement immediately on written notice in respect of the relevant Images.
5. RESTRICTIONS AND OBLIGATIONS
5.1 You must comply with all applicable laws and regulations in performing your obligations and exercising your rights under this Agreement.
5.2 You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.
5.3 Images must not be used as references for creating drawings or other visual works unless expressly agreed by us in writing.
5.4 Images must not be used in comps, presentations or layouts, nor may Images be used in slide projections or other presentations, unless expressly agreed by us in writing.
5.5 Images must not be reproduced more than once within any design, editorial piece, advertisement or other work product, unless expressly agreed by us in writing.
5.6 A licence to use an Image on or in a product, including a book or magazine cover, does not imply any licence on your part to use the Image in the advertising or promotion of that product, except as part of an image of the product itself showing the Image in its context.
5.7 You must not use Images in a pornographic, obscene, defamatory, misleading, unlawful or offensive manner, whether directly or in context or by juxtaposition with other materials.
5.8 You must comply with any special instructions or restriction on use notified to you by us before, after or at the time of delivery of the Images, either in the information or metadata accompanying the Images, the delivery note, the invoice or by any other means.
5.9 Images shall not be altered or manipulated, added to or have any part cropped or deleted without our prior written consent.
5.10 The Images must not be made available for use or distribution separately or detached from a product or web page. For example, the Images may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for storage or re-use by website users. Similarly, End Users may be provided with copies of the Images as an integral part of your work product, but must not be provided with the Images or permitted to use the Images separately. Images must not be made available on or linked to via websites, products or services such as Pixazza, Stipple or Clic2c.
5.11 Images may not be modified, reconfigured or repurposed for use in any mobile-directed web sites or mobile applications that are specifically created for viewing of material on mobile devices, without our prior written consent which might require payment of an additional licence fee. For clarification, this restriction on mobile use is not breached if an Image that is licensed for web site use can be viewed via mobile devices in a pull (as opposed to push) fashion, provided it is not so specifically modified, reconfigured or repurposed for this purpose.
5.12 The Images must not, unless expressly agreed by us in writing, be posted on social networking or file-sharing sites such as Flickr, Plixi, YouTube, Facebook or MySpace.
5.13 You acknowledge the original nature of and agree not to challenge on the ground of non-originality the subsistence of copyright in Images consisting of skilled photographic reproductions of artistic works such as paintings, photographs and sculptures.
6.DIGITAL RIGHTS MANAGEMENT
6.1 You acknowledge that the Images are our valuable property, as are any Digital Images created from the Images.
6.2 You may store the Images in a digital library, network configuration or similar arrangement to allow them to be viewed within your organisation or within the End User's organisation for planning or production purposes, but you must retain the copyright symbol, our name, the Image identification numbers and any other information which may be embedded in the electronic files containing the original Images. Please note under EU Directive 2001/29/EC it is illegal to remove or alter metadata associated with digital images or publish images on the internet that have had metadata removed or altered. We are a member of BAPLA which is committed to the IPTC embedded metadata manifesto (www.embeddedmetadata.org). You must not remove metadata information supplied in Images under any circumstances including without limitation from Images published online.
6.3 When the work product for which the Images were licensed has been created or within 90 days, whichever is sooner, the Images, including any pre-press or pre-production copies, must be promptly deleted from your and any End User's computer(s) or other electronic storage systems.
7.1 Unless otherwise agreed, you must credit us and the photographer or other author of the Image whenever the Image is used in the form indicated in the credit field or, if there is no such indication, [photographer's name]/Reportdigital.co.uk. If a credit line is omitted an additional fee equal up to 100% of the original amount invoiced attributable to the Image in question shall be payable by you. Failure to provide a credit may also breach the photographers' moral right to be identified under section 77 of the Copyright, Designs and Patents Act 1988 and equivalent laws in other jurisdictions.
8.1 No reproduction of any Image is authorised until payment in full has been received by us. Any reproduction by you or the End User before payment in full has been received constitutes an infringement of copyright and a breach of this Agreement entitling us to terminate this Agreement immediately on written notice to you.
8.2 Unless otherwise agreed by us in writing, all invoices are payable by you within 30 days. If you do not make full payment of an invoice on time we reserve the right to charge interest on the outstanding amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
8.3 All amounts due under this Agreement are exclusive of VAT which shall, where applicable, be paid by you at the prevailing rates on the due date for payment and on receipt of a VAT invoice from us.
8.4 All payments to be made by you under this Agreement (except any deduction or withholding which is required by law) shall be paid free and clear of any deductions or withholdings for or on account of set-offs or counterclaims.
9. MODEL AND OTHER RELEASES; CAPTIONS AND OTHER INFORMATION
9.1 We give no warranties whatsoever as to the existence of any model, property or other releases associated with the Images.
9.2 We give no warranties whatsoever as to the use of names, trade marks, logos, uniforms, registered or unregistered designs, artistic works or other material depicted in any Image which may be subject to intellectual property rights or other restrictions.
9.3 You must satisfy yourself that all releases, consents, licences or permissions as may be required for use of the Images have been secured. You are solely responsible for obtaining all such releases, consents, licences or permissions and the Licence is conditional in each case on your obtaining them. You must not rely on any representation in this connection which may be made on our website and may only rely on an express representation given specifically to you
10. DATA PROTECTION
10.2 Personal information: We will only use personal information to: Provide specifically requested information (ie answer your e-mails or contact you when necessary). Send you communications we/I think may interest you, and carry out our legitimate business that may include providing communications services for others, consultancy and advisory services, education, training and preparing information with a view to publication. Please inform us if you do not wish to receive any of our communications.
10.3 Consent: Consent is sought wherever and whenever possible and required. However, information may be held for journalistic, literary or artistic purposes where consent is not required and the right to freedom of expression is recognised by UK data protection regulations. The Images are not created for data acquisition purposes.
10.4 Disclosures: We will only disclose personal information where we are required to do so by law.
10.5 Information security: We take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of personal data. All information provided is stored on secure (password and firewall protected) servers and devices. We cannot guarantee the security of data sent over the internet.
10.6 Data protection policy amendments: We may update this policy from time to time by posting revisions here. Please check here occasionally for any changes.
10.7 User rights: Users may request copies of personal information we hold subject to persons providing appropriate evidence of identity such as a copy of the photo pages of a passport certified by a solicitor or bank plus a copy of a utility bill showing your current address. We may withhold information within legal limits. By e-mailing or registering with us, you authorise us to retain such personal information within the scope of current legislation.
10.8 Other websites: We accept no responsibility for the content, privacy policies or practices of other websites.
10.9 Updating information: Please inform Report digital if personal information needs correcting or updating.
10.6 Questions: Queries about this policy and data retention should be sent to: firstname.lastname@example.org or by post to: Data Controller, Report digital, c/o National Union of Journalists, Headland House, 72 Acton Street, London WCIX 9NB. The data controller is John Harris. Registration reference: Z8956114