Within this agreement, hereafter called ‘the EULA’ and David Levine Photography will be ‘the Picture Library’ and you will be ‘the Client’ and shall include you, your respective assignees, sub-licensees, and or successor in title. In cases where the Picture Library’s Client is a direct Client (with no Agency or intermediary), any references in this ‘the EULA’ to both ‘the Picture Library ‘ and ‘the Client’ shall be understood as references to the Picture Library’s Client. For the purpose of this agreement ‘the Picture Library’ will mean the official outlet for ‘the Works’ of ‘the Author’ of ‘the Photograph’ or David Levine, hereafter know as ‘DLP’ and shall include his respective assignees, sub-licensees and or successor in title. ‘The Photographs’ and ‘the Works’ means all photographic material furnished by the DLP, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material known or as yet unknown.
- All downloads are subject to this contract and the Client accepting without exception and variation to its terms and conditions herein, which are only accepted on the basis that the EULA and the Terms and Conditions of DLP are the only ones applicable. DLP does not and will never assign copyright.
- Any Terms and Conditions the Client may proffer are automatically rejected unless agreed in writing no less than 7 days beforehand by the DLP or his assignees, sub-licensees and or successor in title.
- DLP assumes, the person downloading or signing the order on behalf of the Client is deemed to be authorised so to do.
- Should the Client not rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
DLP retains the entire copyright in all the Photographic images and Works at all times, throughout the World and in perpetuity.
- To avoid confusion, where a ‘Buyout’ is requested, it shall be taken to mean ‘exclusivity’ and thus shall increase the value of the fee. A ‘Buyout’ will not transfer copyright to the Client, nor shall it mean in perpetuity. The ‘Buyout’ shall mean an exclusive Licence for 1 (one) year only.
- Where reproduction of Works has taken place and settlement has not been made, DLP will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
Title to all Works remains the sole property of DLP and or his heirs. At expiration date of the production process all Photographic material, ‘the Works’ where a physical item must be returned to DLP in good condition within 30 days and any archived digital files must be securely erased so as not to be recoverable. Title to any materials used in producing the Works is not transferred to the Client in any circumstances.
The EULA comes into effect from the date of delivery/download of the Works only if receipt of all relevant fee(s) is received. No use may be made of the Works before payment in full of the relevant invoice(s) without DLP express permission in writing.
- Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where restricted in the Agreement, permission to use the Works for other purposes will normally be granted upon payment of a further to be mutually agreed fee.
- The agreement must be agreed before any additional use of the Works is carried out. Any usage rights granted by your EULA does not include any partial or other assignment of copyright.
- 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 or an administration is appointed, any license granted shall immediately cease.
Unless agreed to in writing on the EULA to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client. The Photographer retains the right in all cases to use or sell the Photographs. Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
It is the Client who must satisfy themselves that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained. It is acknowledged that the DLP 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. DLP shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot. In all other cases the Client shall indemnify the DLP against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. DLP will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by DLP, their employees, agents and heirs or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
Payment by the Client will be in advance of receipt of any download link or strictly within 30 days of the issue of the invoice where relevant.Thereafter, any applied discounts will be cancelled rendering the full invoiced amount due immediately and or further charges may be made for any additional communication is need to recover the outstanding debt.
RIGHT TO A CREDIT
The License to Use requires that either that the DLP name ‘© David Levine’ or ‘© David Levine Photography’ will be printed on or in reasonable proximity to all published reproductions of the DLP works, in print and online. DLP also asserts his statutory and moral 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. The publication of any DLP works, in print or online, without appropriate credit will be subject to an additional 400% increase of the usage fee.
Save for the purposes of production for the licensed use(s), DLP Works may not be stored or archived in any form without the written permission of DLP. Manipulation of the image or use of only a portion of the image may only take place with the written permission of DLP. Digital Data is stored by DLP on the understanding that DLP is not responsible for the future integrity of that data, or of any failure to retrieve data from the DLP archive.
These Terms and Conditions shall not be varied except by agreement in writing.
This agreement shall be governed by the Laws of England and Wales. The Photographer reserves the right to amend these Terms and Conditions without prior notice.