Derek Ridgers Limited
Terms and Conditions for submission and reproduction of images.
1. In these Terms and Conditions the term ‘image’ refers to a photograph, transparency, illustration or any other item which may be offered for the purpose of reproduction; the term ‘reproduction’ refers to any form of publication or copying of the whole or part of any image whether altered or not and whether by printing, electronic or mechanical reproduction or storage, photographic slide projection (whether to an audience or not), xerography, illustration or source inspiration, for use as an artist’s reference or in a layout or presentation.
2. The material supplied is the property of Derek Ridgers Limited. It is submitted for examination only and may not be used in any manner without the written permission of Derek Ridgers Limited as evidenced by an invoice sent by Derek Ridgers Limited to the Client. No variation of the Terms and Conditions set out here will be effective unless agreed in writing by both parties.
3. Each image must be credited to either 'Derek Ridgers Archive' or simply 'Derek Ridgers'. Derek Ridgers Limited asserts the right to a credit in accordance with sections 77 & 78 of the Copyright, Designs and Patents Act 1988.
4. Electronic use, storage or transmission of images is forbidden without the express written permission of Derek Ridgers Limited. The Client will provide any information reasonably requested regarding anti-piracy measures. Images supplied by Derek Ridgers Limited in digital format must be removed from any digital storage system and destroyed after use.
5. Under no circumstances may the Client alter, add to or manipulate an image by means of computer or any other technique, or reproduce an image in whole or in part as an element within another picture without Derek Ridgers Limited's prior written consent. Such alterations of an image are protected by the Copyright, Designs and Patents Act, 1988.
6. The Client shall indemnify Derek Ridgers Limited against any claims or damages or costs arising from reproductions of the image that are defamatory or that misrepresent the subject of the image or that contravene the Copyright, Designs and Patents Act, 1988.
7. No reproduction rights are granted until payment in full of Derek Ridgers Limited invoice.
8. Under no circumstances must an image be copied, loaned-on or otherwise disposed of without the written consent of Derek Ridgers Limited. No image may be published, transmitted or stored in any electronic or multi-media format without Derek Ridgers Limited’s written permission.
9. One copy of any printed publication or relevant pages or proofs thereof containing any reproductions of Derek Ridgers Limited images are to be supplied to Derek Ridgers Limited free of charge within 2 weeks of publication. In other media, evidence of reproduction must be made available upon request.
10. Unless expressly agreed the invoice issued by Derek Ridgers Limited permits one time reproduction rights in one publication only and only for the territories as specified in our invoice.
11. Artwork, printed matter, printing plates and separation films using the pictures shall not be offered by the Client to any third parties for re-publication without prior consent of Derek Ridgers Limited. Permission to reproduce is not assignable by the Client to any third party without the prior consent of Derek Ridgers Limited.
12. It is the Client who must satisfy themselves that all necessary rights, model releases, property releases or consents which may be required for reproduction, are obtained and it is acknowledged that Derek Ridgers Limited gives no warranty or undertaking that any such rights, releases or consents are 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 picture. In the event that a picture is used or reproduced by or with the authority of the Client then the Client shall indemnify Derek Ridgers Limited against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
13. No third party model or property releases exist for the images submitted unless specifically acknowledged in writing by Derek Ridgers Limited. The client will indemnify Derek Ridgers Limited against all losses, expenses, damages and costs (including all legal costs) arising from any use of the photographs by the client, it's employees, agents, licensees, assignees or clients (irrespective of the validity of any third party's action, claim or demand).
14. Permission to reproduce an image applies only to the reproduction described in the invoice. In the event of unauthorised reproduction, the Client shall pay by way of liquidated damages to Derek Ridgers Limited a minimum fee of £500 per unauthorised reproduction of each image, in addition to the normal fee for the reproduction.
15. 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, Derek Ridgers Limited may at any time thereafter inspect any records, accounts and books relating to the reproduction of Derek Ridgers Limited’s images to ensure that the images are only being used in accordance with the reproduction rights granted to the Client.
16. Photographs shot on assignment for the assignee remain the copyright of Derek Ridgers Limited. They are for one time print media use within one UK edition or title only, unless otherwise agreed in writing. The photographer retains all rights, including moral rights, afforded them by the 1988 Copyright Act.
17. Derek Ridgers Limited reserves all ‘publication rights’ which may arise out of the publication of the photographs supplied herewith.
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