Image Usage and Terms & Conditions for CLARE LOU PHOTOGRAPHY
(A) PHOTOGRAPHY USAGE
Copyright of all photography remains the property of the Photographer, in accordance with the 1988 Copyright and Patent Act
Under the Copyright Act, the photographer claims her ‘Right to a Credit’ in certain cases, to be identified as the author of the work. The Photographer’s name or website address will be printed/posted on, or in reasonable proximity to reproductions of the Photograph(s) in the following 4 situations: a printed book, printed display images, a website and an Instagram / Facebook post. This prevents anyone else from claiming authorship and will protect the authenticity of the photographs.
A Licence to Use is granted to the client, for their exclusive use and explains how the images can be used, where and for how long. All third parties (e.g. consultants, contractors, client’s client, newspapers and magazines, publishers) wishing to use the commissioned photography must be directed to the photographer, except where a Licence To Use has been granted to a specific third party by the Photographer (e.g. the property owner).
The Licence to Use will be agreed with the client to meet their needs for the use of the images in relation to: media type, regions and duration.
I will provide a Licence to Use for: unlimited media, worldwide, in perpetuity. Including Third Party Usage by the property owner.
The only caveat is that further manipulation, editing or cropping of images is not permitted, unless agreed in writing by the photographer.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission.
The Photographer may use the photographs for the purpose of promoting her services.
(B) PHOTOGRAPHY CONTRACT AND CANCELLATION FEES
A quote provided for a specific photography brief will be valid for 30 days from the date of the issue of the quote, and forms a contract.
Once written acceptance of the quote is received by the Photographer, the contract is considered confirmed.
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.
(C) ON-SITE PHOTOGRAPHY
The photography session will be arranged on date(s) mutually agreed between the Parties.
During the photography session the Photographer will take account of the Client’s reasonable instructions in respect of the brief.
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) CLIENT APPROVAL OF IMAGES
The client can agree to the photographer’s discretion in selecting the final number of images for editing to completion.
Or, the client can request to see initial images from which to make a selection of final images to be edited to completion. If this is the case then initial images will be uploaded to a private, password protected page on the photographer’s website. Once final images have been selected by the client, the photographer will edit these to completion. The completed images will be uploaded to the private password protected page for approval. At this time there is opportunity for one more round of ‘tweaking’ to adjust minor elements, within reason, e.g. cropping or removing small details.
Once final approval has been given by the client, the invoice will be submitted.
When the invoice has been paid in full, the final images will be delivered electronically to the client, optimised for web or print, or both, with the appropriate colour profile embedded.
(E) PAYMENT TERMS and IMAGE DELIVERY
Final images will be delivered electronically once the invoice has been paid in full.
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.
Full payment of the invoice must be paid within 7 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.
All payments are due in pounds sterling unless expressly stated otherwise.
Inclusive fees for:
HISTORIC PROPERTY OWNER
If you have a project that requires photography please contact me to discuss ideas for a brief and to request a quote.
Each project is unique and a tailored quote will be prepared after discussion of the scope and scale of the brief.
As a guide to pricing structure, and terms and conditions, please see the notes below.
FULLY INCLUSIVE FEES
Fees are fully inclusive and combine:
Pre-Production (research, planning and site visit if appropriate)
Licence to Use Images
A Note on Pre-Production
Forwarding design visualisations, floor plans and site maps will facilitate discussion of a brief and ensure clarity.
During discussion of the brief it is helpful to clarify the following practical points:
Type of building?
Location of project and what stage it is at: completion or work in progress?
Is a site visit required to walk through ideas for the shot list and identify key areas?
Will the property be occupied? Who will provide access? Have they been advised on how to prepare the building for photographs (declutter etc) ?
Is a permit required for access or is any special clothing required to be worn?
Any Health and Safety issues regarding the site.
Is the photographer required to contact the property owner to arrange the date / time of the on site photography?
Also, creative considerations towards the approach to on site photography:
What the client aims to achieve with the images, what is their purpose? (marketing, report, documentation, printed display, competition entry)
Who is the target audience?
Where will the images be displayed: print/online?
What are the key areas to photograph?
What should be avoided?
How is the exterior and interior to be represented in terms of wide images and/or close up details? Landscape/portrait frames or square frames?
Lighting: what time of day is most appropriate? Daylight and Twilight images?
Is a ‘blue sky’ required for exterior images, or would an interesting cloudy, stormy sky be more effective?
Is there a precise shot list? Or, has the photographer been requested to approach the building creatively after the key images have been made?
Planning on Site Schedule / Light
A sun app is used to determine the orientation of the sun on the key facade at an optimum angle of 45º. This will help to determine the schedule of the on site photography.
Interior images are most effective in indirect light, except where natural light is a key feature of the space, e.g. a sun lounge, where some direct light will facilitate an experience for the viewer.
Natural light only will be used for interior photography, apart from rooms without natural light e.g. a bathroom, or where the lighting is a key design feature, or where the client has requested interior lights to be on.
Twilight images are planned for the short duration of time after sunset.
A NOTE ON POST-PRODUCTION EDITING
All assignments are captured in RAW format and require subsequent post-production to develop each image to its full potential.
The time taken for post-production is at least double that of on site photography time and forms part of the inclusive fee.
At a minimum the following developments are applied to each file:
To neutralise any colour cast from different light situations, e.g. daylight gives a blue cast, tungsten gives a yellow cast.
A grey card is used in each scene during the photography session in order to better select the most appropriate colour temperature in post-production.
To ensure detail in the highlights and shadows.
This is achieved by ‘bracketing’, where multiple exposures of the same shot are captured in camera with varying brightness levels.
These are then manually blended in Photoshop to composite the most effective areas of each exposure.
I do not use automated HDR (High Dynamic Range) methods because they create artificial colour and inauthentic lighting.
To ensure that vertical lines are upright and parallel and any distortion from use of a particular lens is corrected.
To ensure that each file is rendered to its optimum sharpness without appearing ‘crunchy’.
Other adjustments such as ‘tidying up’ of litter, graffiti, dead leaves, removal of plug sockets, or small unsightly elements can applied if required.
A NOTE ON COPYRIGHT AND IMAGE USAGE LICENCE
Under the 1988 Copyright and Patent Act, a photographer will always retain copyright of their work, meaning that an image licence is required to use the images, even by the client who commissions them.
A Licence to Use will identify: who can use the images (client and/or third party), where the images can be used (print, online), the area they can be used (nationally, worldwide), and for how long.
The Licence to Use will be agreed with the client in order to meet their usage requirements for the images.
The Licence to Use forms a significant part of the photographer fee because usage of the images is what generates value for the client in terms of the wide range and duration of exposure for their project
The Licence also prevents any further use of the images by third parties, e.g. if commissioned by an architect, only the architect can use the images and third party use by construction companies or interior designers is not permitted under the licence. It also prevents images being sold on to other third parties such as a picture library.
A separate Licence to Use can be given by the photographer, if required, to a third party and will require a separate fee for usage.
CLARE LOU PHOTOGRAPHY IMAGE USAGE LICENCE TERMS
I always provide an Image Usage Licence as follows:
To the Client and Third Party Use to the property owner.
Unlimited Media Use (print, online, competition entry)
The only caveat is that it is not permitted to further edit or manipulate (e.g crop) the images.
If square images are required for social media or other purposes I will provide the image in its original format + a square crop version. Please include this in the brief if this is required.
Under the Copyright Act a photographer right to a credit is required where the images are: used in a website, a printed display image, a printed book, Instagram or Facebook post. Unless expressed otherwise by the photographer in writing.
EXAMPLE OF INCLUSIVE PRICING STRUCTURE
Photography + Post-Production + Image Usage Licence:
PER IMAGE - Where subjects are in close proximity e.g. one dwelling
15-20 final edited images: £290
20-25 final edited images: £390
25-30 final edited images: £490
DAY RATE - Where the scope and scale is wider and subjects are not in close proximity
Half day (4 hours + post-production) - £340
Producing up to 15-20 final edited images
Full day (7 hours + post-production) - £490
Producing up to 25-30 final edited images
IMAGE DELIVERY AND CLIENT APPROVAL
Images are delivered electronically within 36 hours of completion of on site photography.
Images are optimised for either or both: web or print, with the correct, appropriate colour profile embedded and resized appropriately.
Final images can be selected and edited at the discretion of the photographer, or if preferred, a contact sheet of all images taken on site, can be delivered electronically from which the client can select the final images to be edited to completion, with notes on any retouching requirements.
If you have a project that requires photography please get in touch to discuss ideas for a brief.
Each project is unique and approached as a collaboration to ensure that the final visual narrative is directed in the intended way.
fees For ESTATE AGENTS and LETTING AGENTS
If you have a property that requires photography please contact me for a competitive quote to provide a package of 20-25 high quality images.
Property photographs for sales and lettings are geared towards showing the space of each room to its best advantage, without being misleading.
The value for the agent is a coherent set of images that best show space and key features, to give a prospective client a positive experience of the property, in order to motivate them into arranging a viewing.
The visual style is light and bright, natural colour and balanced exposures to include detail in the highlights as well as shadow areas, in well composed images.
The presentation of your property in a competitive market will have the edge over amateur mobile phone images, with high quality images.
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 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 media, regions and over a specified period of time.
The terms of the Licence to Use will be agreed with the client in order to meet their needs for the use of the images in terms of: media, regions and duration.
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 in the licence). 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.
All images © Clare Lou Photography