Introduction and a note about copyright

The terms and conditions below are the standard basis upon which Acumen Images undertakes photographic work for commercial and editorial assignments. They may be amended or added to as we agree, depending on the needs and uses you require for the images that produced for you. They exist to protect you, the client, as much as me, the photographer.  I’d like to allay any concerns to rest and explain a little of why copyright is retained, for both our benefit.

Unless agreed in advance and in writing, I do not assign copyright to clients or third parties. My standard license reflects the many and varied uses the images will be put to, and I won’t be contacting you every time you place a photo in any corporate, promotional material (print or electronic), if we agreed those usages, provided that material is promoting your business, charity, organisation or direct client and those alone.

The only restriction is that when I take pictures for you, they are not shared with other organisations for their own communications and PR, without my knowledge and consent. Of course if you’re sending out a press release, I expect your target publications to be able to publish the images for free in connection with press releases issued by you. If you and another business or organisation wish to share the photos for joint publicity, then we can work something out to cover that. Equally, I wouldn't provide images I created for you to third parties without your permission. 

Retaining copyright also protects you, the end user of the images. The internet is a great place to do business, but there are many people who will happily help themselves to the images I take for you and use them for their own business. I can pursue infringers of my own copyright (I have a robust protocol), which means you don’t have to police the use of the images yourself.

It’s also to provide you with a competitive quote for my work. If I assign the copyright to a client outright, they could (for example) then supply them on to a professional speaker at their conference that I covered, who goes on to use the images of themselves for their website, author pic for their book, supply to their clients as PR pics etc etc. I’m happy for that eventuality to happen, but would agree a reasonable re-use fee with the 3rd party concerned prior to such use, beyond the usage previously agreed by us. Please also be aware that industry standard for buying the copyright outright is much more expensive than my standard rates, which give you an extensive and wide-ranging license along with the exclusivity needed and can allow for all the uses that you may need to put my images to: website, newsletter, press release, internal communications, social media, brochures etc.

Please don’t hesitate to get in touch should you wish to discuss any of the above.

Terms and Conditions of Business Issued by Acumen Images Ltd. 

1. Definitions. For the purpose of this agreement, ‘the Client’ shall where the context so admits include their respective assignees, sub-licencees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to ‘the Client’ shall be interpreted as references to the Photographer’s client. ‘Photographs’ means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material. ’The Photographer’ refers to Acumen Images Ltd 

2. Copyright. The entire copyright on the Photographs is retained by the Photographer at all times throughout the world. 

3. Ownership of Materials. Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days. In the case of digital media, the files must be deleted from all the Clients databases, archives, hard drives and servers.

4. Use. 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 Photogrpaher’s express permission. Any permission which may have be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence only applies to the Client as stated on the invoice and its benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, the Photographer’s permission must be obtained before any use of the Photographs for other purposes, e.g. use in relation to another company, organisation or entity or sub licensing through a photo library. Permission to use Photographs for other purposes outside the terms of the licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these Terms and Conditions. 

5. Exclusivity. The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner, at any time and in any part of the world, for the sole purposes of advertising or otherwise promoting his work and business, unless otherwise specifically agreed in writing between the Photographer and the Client. After the exclusivity period indicated in the Licence to Use or on the invoice, the Photographer shall be entitled to use the Photographs for any purpose as they see fit. 

6. Client Confidentiality. The Photographer will keep confidential and will not disclose to any third parties or make se of material or information communicated to him in confidence for the purpose of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission. 

7. Indemnity. The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain clearances for which he was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before undertaking the commission. In all other cases the Client shall be responsible for obtaining such clearances and shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. 

8. Payment. Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoices(s). If the invoice is not paid, in full, within 30 days the Photographer reserves the right to charge late payment charges and interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made. If the client wishes to question the invoice, this must be done in writing not more than 14 days after the date of issue of the invoice. 

9. Expenses. Where expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such expenses or fees to the Photographer in addition to the expenses as having been previously agreed or estimated.

10. Rejection. Unless a rejection fee has been agreed in advance, there is no right to reject the Photographs on the basis of style or composition. 

11. Cancellation and Postponement. A booking is considered firm as from the date of confirmation and accordingly the Photographer will normally, at his discretion, charge a fee for cancellation or postponement. Postponing or cancellation within 72 hours of the agreed commission start time will result in a charge of 50% of the agreed fees. Postponing or cancellation within 24 hours of the agreed commission start time will result in 100% of the agreed fees being charged. 

12. Right to a credit. The Photographer asserts his statutory right to be identified as the author of his work as set out in Sections 77-79 of the Copyright, Designs and Patents Act 1998 or any amendment or re-enactment thereof. 

13. Applicable Law. This agreement shall be governed by the laws of England and Wales. 

14. Variation. These Terms and Conditions shall not be varied except by agreement in writing. 

Thank you for reading. Please get in touch should you wish to discuss any of the above.

© 2022 Acumen Images Ltd. 

T: +44 77977 482 272  E:sam@acumenimages.com