Here’s the brass tacks of how we work. We think it’s fair do’s and invite you to have a read through.
For the purpose of this agreement "the Client" shall, where the context so admits, include their respective assignees, sub-licensees and successors in title. "Photographs and Films" means all photographic material furnished by Aberration Films Ltd, whether transparencies, negatives, prints, videos, movies or any other type or form of physical or electronic material.
The entire copyright in the Photographs or Films are retained by Aberration Films Ltd at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs and Films remains the property of Aberration Films Ltd. When the ‘Licence to Use’ the material has expired the Photographs and Films must be returned to Aberration Films Ltd in good condition within 30 days.
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 and Films before payment in full of the relevant invoice(s) without Aberration Films Ltd's express written permission. 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. The Licence only applies to the Client and to the Photographs and Films specific to the commission and its benefit shall not be assigned to any third party without Aberration Films Ltd's written permission. Accordingly, even where any form of 'all media' Licence is granted, Aberration Films Ltd's permission must be obtained in writing before any use of the Photographs or Films for other purposes e.g. use in relation to another product or sub-licensing through a photo library. Permission to use the Photographs or Films for 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 or Films will be subject to these terms and conditions.
The Client will be authorised to publish the Photographs or Films to the exclusion of all other persons including Aberration Films Ltd. However, Aberration Films Ltd retains the right in all cases to use the Photographs and Films in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting their work. After the exclusivity period indicated in the ‘Licence to Use’ Aberration Films Ltd shall be entitled to use the Photographs and Films for any purposes.
6. CLIENT CONFIDENTIALITY
Aberration Films Ltd will keep confidential and will not disclose to any third parties or make use of material or information communicated to them in confidence for the purposes of the photography or films, save as may be reasonably necessary to enable Aberration Films Ltd to carry out their obligations in relation to the commission.
Aberration Films Ltd agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by Aberration Films Ltd to obtain any clearances for which it was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. Aberration Films Ltd 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 will indemnify Aberration Films Ltd against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid in full within 30 days Aberration Films Ltd reserves the right to charge for compensation 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 received by Aberration Films Ltd.
Where extra expenses or time are incurred by Aberration Films Ltd 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 Aberration Films Ltd's normal rate to Aberration Films Ltd.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly Aberration Films Ltd will, at their discretion, charge a fee for cancellation or postponement as outlined below:-
Cancellation with less than 7 days notice, 25% of commission fee.
Cancellation with less than 4 days notice, 50% of commission fee.
Cancellation with less than 48 hours notice, 100% of commission fee.
Plus any incurred expenses.
12. RIGHT TO A CREDIT
Aberration Films Ltd assert their statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs or Films may not be stored in any form of electronic medium without the written permission of Aberration Films Ltd. Manipulation of Photographs and Films, or use of only a portion of a Photograph or section of a Film, may only take place with the written permission of Aberration Films Ltd. It is the Client’s responsibility to safely store any digital image(s) supplied by Aberration Films Ltd whether a photograph or a film. Aberration Films Ltd will not be responsible for indefinite storage or archiving of the Client’s material.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales
These Terms and Conditions shall not be varied except by agreement in writing.
3rd October 2016
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