Image Usage and Terms & Conditions for CLARE LOU ARCHITECTURAL PHOTOGRAPHY

(A) PHOTOGRAPHY USAGE

  1. Copyright of all photography remains the property of the Photographer in accordance with the 1983 Copyright and Patent act.

  2. A credit must always be attributed to ‘CLARE LOU PHOTOGRAPHY’.

  3. All third parties (e.g. consultants, contractors, clients, newspapers and magazines, publishers) wishing to use the commissioned photography must be directed to the photographer, except where a License To Use has been granted to a specific third party by the Photographer.

  4. Reproduction rights are not automatically given to the commissioning client.

  5. Photographs in any format must not be sold, given or loaned to any third party. Appropriate reproduction fees will be charged to third parties.

  6. The Licence to Use images begins after the invoice has been paid in full. No use may be made before payment in full without the Photographer’s express agreement in writing.

  7. Usage of the Licensed Images is limited to use of such images in the exact form they are provided by the Photographer and the Client shall not manipulate any Licensed Photograph or make use of only part of any individual image without the prior written permission of the Photographer.

  8. Nothing shall prevent the Photographer at any time from using the photographs, in any form and in any manner worldwide for the purpose of promoting her services, provided that in the case of unpublished photographs, the Photographer shall first obtain the Client’s consent, such consent not to be unreasonably withheld.

(B) PHOTOGRAPHY QUOTE, CONTRACT AND CANCELLATION FEES

  1. A quote provided for a specific photography brief will be valid for 30 days from the date of the issue of the quote.

  2. Once written acceptance of the quote is received by the Photographer, the contract is considered confirmed and the Terms and Conditions accepted by the client.

  3. If a confirmed photography session is cancelled for reasons outside the control of the Photographer (including unsuitable weather / light, inability to access the property due to owner/client absence), the Photographer reserves the right to charge a cancellation fee at the following rates together with all incurred expenses: 

    (i) On a Shoot Duration of two days or less:

    a. cancellation on fewer than 3 Working Days notice - 100% of Fee + all expenses;

    b. on 3 to 6 Working Days notice - 75% of Fee + all expenses; 

    c. on more than 6 Working Days notice - 50% of Fee + all expenses. 

    (ii) On a Shoot Duration in excess of 2 days and on notice equivalent to:

    a. the Shoot Duration or less -100% of Fee + all expenses; or

    b. more than the Shoot Duration but not more than twice the Shoot Duration - 75% of Fee + all expenses; or

    c. more than twice the Shoot Duration - 25% of Fee + all expenses

(C) PHOTOGRAPHY SESSION

  1. The photography session will be arranged on date(s) mutually agreed between the Parties.

  2. During the photography session the Photographer will take account of the Client’s reasonable instructions in respect of the brief.

  3. If the Client is not present during the photography session then the Photographer’s interpretation of the brief shall be deemed acceptable to Client.

(D) PAYMENT TERMS

  1. The Licence to Use images begins after the invoice has been paid in full. No use may be made before payment in full without the Photographer’s express agreement in writing.

  2. Full payment of the invoice must be paid within 30 days of the date of issue. The Photographer reserves the right to charge interest on late payments at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made.

  3. All payments are due in pounds sterling unless expressly stated otherwise.

NOTES ON COPYRIGHT

The law is very clear: any image will be protected by copyright. Old images (70 years after the death of the creator) may be out of copyright but that rarely applies generally.  It should be assumed that any image is protected by copyright and will need permission to use it.

In the first instance the creator (i.e. the photographer) is the owner of the copyright. If the image is created by an employee as part of their work then the employer owns the copyright. So if you commission a professional photographer to create images for you then the photographer owns the copyright to the images, and no one else can use them.

As part of the terms of the contract the photographer retains the copyright and gives the client a licence to use the images in certain ways, media and over a period of time. 

When initially entering a contract with a professional photographer there will be a brief,  a shot list, time on site, and expenses. These are covered in an estimate as required. 

As part of the contract between the photographer and client the permission for usage of the images will be agreed and forms the licence to use the images. The licence protects both the client and the photographer. The business that has commissioned the images can use them as agreed, and will also be assured that the photographer can not sell them to another business (at least for any time limit specified). The photographer is protected knowing that the images will only be used as specified and charged for. 

The photographer does not transfer the copyright to the images because there will be no protection against future use and means that the new owner can not only use the images for the initial purpose but could also sell them on to other businesses that will profit from them, sell them on stock image sites for example. 

When a client commissions a professional photographer to create images there will be a clear agreement about what the client is paying for, and part of that is the use of the images.

Copyright, licensing and the contract work together to ensure both the client and the photographer receive the benefit of the commissioned images.