CHRISTIAN HIM’S JAZZ INDEX
TERMS & CONDITIONS OF USE
(Please read carefully)
1. For the purpose of this agreement, Christian Him’s Jazz Index is the Supplier and the entity purchasing the reproduction licence is the Client
2. The Supplier is entitled by law, to be credited each time his photographs are used. (Design and Patent Act 1988 – sections 77 & 78 of the Right to Credit,). If any picture reproduced by the Client omits the copyright notice or credit line specified by the Supplier, the reproduction fee payable by the Client will be subject to a 100% increase with interest.
3. A Client is responsible for supplying accurate information on his intended use of the Supplier’s images. Any unauthorized use which is the result of an inaccurate description constitutes a breach of the licensing agreement and renders the Client liable for the payment of damages
4. Reproduction rights, when granted, are strictly limited to One time use, in One size, One edition, One media, in a territory and for a period specified on the Supplier’s invoice.
5. The Licensing of the Supplier’s images is subject to a time limit, from a minimum of one year to a maximum of 5 years . The duration of the license granted will be indicated on the Client’s invoice. After expiration of the license, the Client can renew it at a cost equal to 65% of the original license fee.
6. The Supplier’s image(s) shall not be altered, cropped or manipulated, added to or have any part deleted without the Supplier’s written authorisation. Unauthorized reproductions and manipulations constitute a breach of copyright for which the Supplier is entitled to damages
7. Reproduction rights granted are personal to the client and may not be assigned, loaned or transferred to a third party, without the Supplier’s authorization.
8. If a Client licenses the use of the Supplier’s images to a Third Party, he must enter into an agreement with the Third Party to ensure that they abide to the Supplier’s Terms & Conditions. If the Third party fails to abide by the Supplier’s Terms and Conditions and omits, for instance, to include the photo credit specified by the Supplier, the Client will be liable to pay the 100% compensation fee to the Supplier.
9. On publication, the Client must provide the Supplier with two complimentary copies of any publication in which his image(s) are reproduced
10. Any electronic storage of the Supplier’s images on the Client’s database – beyond the licensing period – is strictly forbidden.
11. Any use of the Supplier’s images on any social media site like Facebook for example, is strictly forbidden
12. Once a fee has been agreed and an invoice issued, a firm and binding contract exists whereby the Supplier is committed to grant reproduction rights and the Client to acquire them.
The Supplier’s invoice represents the licensing agreement
13. The Supplier’s invoice shall be paid within 30 days of issue, and any use of an image before payment of the invoice constitutes a breach of the licensing agreement, rendering the Client liable for the payment of damages.
14. If an invoice remains unpaid after 90 days of issue, interest on the overdue amount will be charged at 3% per month, starting 30 days after the date on the invoice, until the invoice is paid in full.
15. On a client’s death or bankruptcy or (if the client is a company) in the event of a Resolution, Petition or Order is made against it for winding it up, and a Receiver is appointed, the Supplier is entitled to inspect any records, accounts and books relating to the reproduction of the Supplier’s pictures to ensure that they are being used only in accordance with the reproduction rights granted to the Client. .
16. The Supplier failure to exercise or enforce any of his rights will not be deemed to be a waver of such rights, nor bar their exercise or enforcement in the future.
17. The Supplier is granting the license to reproduce his images subject to acceptance of his Terms and Conditions.
18. Any Client who choose to use the Supplier’s images will be deemed to have accepted his Terms & Conditions, regardless of whether this document is returned signed or not.
19. This agreement shall be subject to and construed according to English Law and the parties agree to accept the exclusive jurisdiction of the Courts of England.
© Copyright 2002 British Photographers’ Liaison Committee as agreed by AOP, BAPLA and the NUJ