of Usage of Images
& CONDITIONS OF SUBMISSION & REPRODUCTION OF PICTURES
following Terms and Conditions are the basis for usage of Charles
Tait Photo Library Images. They are based on the concept of
fair dealing with Customers who wish to use any images. They
are also advisory.
this Agreement the terms (a) picture includes a photograph,
transparency, negative, design, artwork, whether physical or digital,
or anything else which may be offered for possible reproduction;
(b) reproduction includes any form of publication or copying of
the whole or part of any image, by printing, photography, slide
projection (whether or not to an audience), or for artist's reference,
layout or presentation, digital or analogue copying or storage by
whatever other manner. (c) Date of return is the date by
which pictures must be returned as specified on delivery. If no
date is specified, the Date for Return shall be four weeks from
the date of the delivery note or if an invoice is rendered for reproduction
fees as soon as possible after the receipt of such an invoice.
variation of these terms and conditions shall be effective unless
agreed in writing by both parties.
are supplied strictly on loan and no property or copyright
in any pictures shall pass to the Client whether on its submission
or on the Supplier's grant of reproduction rights in respect thereof.
service fee to cover administrative costs and carriage of
pictures is payable by the Client on each submission of pictures
whether or not reproduction or other usage results. The Client shall
agree to pay for any special delivery such as datapost.
rights are strictly limited to the use, period of time and
territory agreed with Charles Tait and unless otherwise agreed
in writing relate to usage in a single publication in a single
size with text in one language only.
Reproduction rights are not granted exclusively to the client
except when specifically agreed in advance. Any such exclusivity
would be time and territory limited unless exceptionally agreed
Reproduction rights granted are personal to the Client
and may not be assigned, nor may any picture submitted to the
client be loaned or transferred to third parties save for the
purpose of the exercise of such reproduction rights by the Client.
Any reproduction rights granted are unique to the Client and no
assignment of copyright shall be implied or taken without express
The Supplier's delivery note will list all pictures delivered
to the client, which will be presumed to have been received in
good condition, unless within 3 days of receipt the Supplier receives
notification of any discrepancy or damage.
in and responsibility for pictures passes to the Client from
the time they are received until their safe return. The Client
shall immediately inform the Supplier in writing of any known
loss of, or damage to the pictures while in the Client's
possession or that of any third party. If a picture is not
returned within 12 weeks of the date for return, or other
agreed period, the Supplier may in its sole discretion presume
it to be lost.
The Client shall be liable to pay compensation to the
Supplier in respect of each picture lost or damaged. The loss
or damage of colour or monochrome prints or duplicate transparencies
or electonic media for which there are available originals
shall also be the subject of compensation, but at a different
level. A Supplier may also specify in writing at the time
of the loan a different compensation figure for loss or damage
to certain pictures. Payment of compensation does not give
rise to any rights to any picture. These figures have been
assessed by the Supplier and are a genuine pre-estimate of
the loss which would be suffered if such a picture were to
be lost or damaged. The Client is urged to take out insurance
cover to cover the total value of the pictures delivered.
picture subsequently found must be returned immediately.
If it is undamaged the Client will be credited with the compensation
paid less a rental fee (under clause 10) from the date compensation
is claimed to the date the picture is returned, such credit
being at least 20% of the compensation.
picture returned without its mount, or with its caption or other
mount data missing or defaced may incur a mount replacement
Client must return every picture to the Supplier by its Date
for Return by any method affording proof of delivery and insured
to the relevant level of compensation cover such as Royal Mail Special
delivery or Datapost. Adequate protection must be given to the pictures
in transit. A delivery note listing and totalling the returned pictures
must be enclosed and preferably an advice in writing with this same
information sent by separate post.
otherwise agreed each picture may be held by the client free until
its Date for Return. The Client may be liable to pay a rental
fee per picture per week or part thereof pending its return
if held for an reasonably long period after its return is requested.
Payment of the rental fee does not entitle the Client to retain
Until the Supplier has invoiced the reproduction fee neither party
is committed to grant or acquire any reproduction rights
in any picture. After a fee has been agreed and an invoice issued
there is a firm and binding contract whereby the Supplier is committed
to grant reproduction rights and the Client to acquire them. If
after such invoicing but before payment the Client requests cancellation
of the reproduction rights the Supplier may in its discretion
cancel subject to the Client paying a cancellation fee.
The Client's right to reproduce a picture arises only
when the Supplier's invoice relating to the grant of such right
is fully paid. Any reproduction before payment of the invoice
constitutes an infringement of rights and a breach of this Agreement
entitling the Supplier to rescind the Agreement and rendering
the Client liable for the payment of damages.
The Client agrees to indemnify the Supplier in respect
of any claims or damages or any loss or costs arising in any manner
from the reproduction without proper reproduction rights of any
picture supplied to the Client by the Supplier.
The Supplier's invoice shall normally be paid within 30
days of issue save in the case of newspaper, periodical
and broadcasting clients where payment shall be made
no later than the end of the calendar month immediately succeeding
publication or use.
payment is not made in accordance with (a.) above then the
Supplier may rescind the Agreement and recover damages, or
at its option, may charge interest on the overdue amount
at 2½% per month on the outstanding balance.
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, the Supplier may
at any time thereafter inspect any records, accounts and books relating
to the reproduction of the Supplier's pictures to ensure that the
pictures are being used only in accordance with the reproduction
rights granted to the Client.
Unless otherwise agreed in writing 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 shall
be subject to an increase.
right to a credit is asserted in accordance with sections
77 & 78 Copyright, Designs & Patents Act 1988.
the case of printed publications, two copies of the relevant pages
containing any picture supplies are to be furnished to the Supplier
by the Client free of charge within two weeks of publication. In
other media, evidence of use must be made available on request.
the Supplier takes all reasonable care in the performance of this
agreement generally, the Supplier shall not be liable for any loss
or damage suffered by the Client or by any third party arising from
use or reproduction of any picture or its caption.
is the Client who must satisfy himself that all necessary rights,
model releases or consents which may be required for reproduction
are obtained and it is acknowledged that the Supplier gives no warranty
or undertaking that any such rights 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 the picture is used or reproduced by or with the
authority of the Client then the Client shall indemnify the Supplier
against any loss, damage, proceedings or costs where such rights,
releases or consents have not been obtained.
agreement will be subject to and constructed according to Scottish
Law and the parties agree to accept the exclusive direction
of the Courts of Scotland.
: Minimum £10.00
Postage & Packing at Cost as per below
Delivery : Datapost 10am, 12am or 24 hour Registered post
for small deliveries
Loss or Damage to an Original £500. Please note
that certain Originals are valued higher than this because they are
impossible to replace.
Loss or damage to a Print or Duplicate : at replacement
cost if replacable
Reproduction without a credit (unless otherwise agreed)
: 50% extra
Rental fee per week per picture (unless loan period extended)
Mount Replacement when returned damaged or without mount