Copyright and Tradement Notice
This site is protected by NZ copyright laws, and may be protected by the copyright laws of other countries and jurisdictions. Except as specifically permitted in these terms and conditions, any copy, reproduction, display, performance or retransmission of the contents of this site is strictly prohibited. Any use of any trademarks, trade names and logos in which we and other companies identified on our web site do business is strictly prohibited absent our prior written consent. In addition, the names, trade names and trademarks of third parties, including our clients, that appear on this site are proprietary to their respective owners and may be used only with their express written permission. We neither warrant nor represent that your use of materials displayed on the site will not infringe upon the rights of third parties.
PHOTOGRAPHY TERMS & CONDITIONS
Photographer – A professional camera operator who records still photographs or video whilst working for East Coast Media Ltd or it’s associates.
1. LICENCE GRANTED TO CLIENT “Licence” includes the “Standard Photographic Licence”; “Order Confirmation” form, an estimate upon which verbal confirmation is given, any order confirmation given by the Photographer, or any work accompanied by an invoice for service. The Photographer does not accept commissions to create copyright works other than to agree to licence such parts of the works selected by the Photographer for presentation to the Client. This overrides section 21(3) of the Copyright Act 1994 in accordance with section 21(4) of that Act. The Photographer grants the Client a Licence to reproduce and publish the Photographic Works (“Photographic Works” includes transparencies, negatives, prints, digitised images, video, graphics, animation, creative ideas and planning or images in electronic or any other form or medium) for the purposes, territories and time period specified, and on the terms and conditions set out in the Licence and these Terms and Conditions of Engagement. If the Photographic Works have been produced for an Advertiser named in the Licence, the Works may only be used for the creative works of that Advertiser. The Photographer always retains the right to use the Photographic Works in any manner at any time and in any part of the world for the purposes of:
(a) Entering the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and
(b) Advertising or otherwise promoting the Photographer’s Photographic Works; and
(c) Submitting the Photographic Works for display at art galleries or other premises; and
(d) Using the Photographic Works for any other purpose within the Photographer’s business activities.
1.1 CONDITIONS OF LICENCE
1.1.1 The Licence to use the Photographic Works begins from the date of full payment of the invoice except where the Photographer gives express written permission.
1.1.2 This Licence must not be assigned to any third party without the Photographer’s prior written permission, (which shall not be unreasonably refused), but may be sublicensed by the client on the same terms and conditions to the Advertiser named in the Licence.
1.1.3 The Client is entitled to: (a) Use only a portion of the Photographic Works; (b) Manipulate, distort or make other alterations (including overprinting by text or other Photographic Works) to the Photographic Works, unless that right is expressly removed in the Licence.
1.1.4 Copyright in any new Photographic Works created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Works shall remain with the Photographer and shall be licensed to the Client on the same terms and conditions of this agreement.
1.1.5 The Client shall not, without prior written permission of the Photographer, digitally capture or store Photographic Works in any form of electronic medium, except for the purpose of colour separation, and provided that the file or other medium in which the Photographic Works are captured or stored must be destroyed immediately after its use for that purpose.
1.1.6 Any breach of these conditions knowingly permitted by the Client which results in damage to the professional reputation of the Photographer, entitles the Photographer to compensation from the Client for that damage in addition to any other remedies available to the Photographer.
2. COPYRIGHT OF THE WORKS
2.1 Except as provided in clause 3, the copyright in all Photographic Works resulting from the Licence, remains the property of the Photographer.
2.2 All copyrights that arise out of performance of the Photographer’s obligations under this contract shall arise not by commission but shall be the creation of the Photographer. The Photographer shall remain the first owner of the Photographic Works and the Client shall be supplied with Works for copying on the terms of this Licence.
2.3 The Client shall have the right to seek further licences for reuse of any copyright on agreement of a reasonable fee for that use.
3. COPYRIGHT ASSIGNED
Where this Licence specifies that copyright in the Photographic Works is assigned to the Client in consideration of the Client’s payment for those Works, the Photographer assigns to the Client copyright in the Photographic Works supplied pursuant to the Licence. It is the responsibility of the Client to obtain all model releases, moral right waivers and privacy waivers necessary for the use of assigned copyright in the Photographic Works by that Client. As a condition of this assignment the Client agrees to indemnify the Photographer in respect of any liability to the Photographer arising from any use of the assigned copyright material.
4. MORAL RIGHTS
4.1 Unless indicated on the Licence that the Photographer waives attribution rights (section 94-97 Copyright Act 1994), each use of any Photographic Work by the Client must be accompanied by an adjacent credit line acknowledging the Photographer’s name and copyright in the Photographic Works in the form specified in the Licence, or if not so specified, then in a form approved in writing by the Photographer.
4.2 If the Client fails (for whatever reason) to provide the attribution described in clause 4.1, then in addition to all other rights under this contract or at law, the Client shall be liable to pay a further Non-Attribution Fee calculated at 200% of the total invoice fee, which the Client acknowledges and agrees to be a fair and reasonable pre-estimate of the loss suffered by the Photographer.
5. DIGITAL WORKS
5.1 Subject to automatic backup mechanisms and the express Terms of the Licence, the Client shall not copy or reproduce the Works by any means or in any form without the Photographer’s written consent.
5.2 The Client’s right to use the Works under the Licence does not include the right to remove, alter or otherwise affect general rights information, including (without limitations) any notices or metadata accompanying or part of the Works which records creator details, copyright ownership or publication status of the Works.
5.3 The Client shall not alter or remove any notices attached to the Works, and shall take all reasonable steps to respect and preserve the Photographer’s copyright and other rights. Any notice which automatically appears on loading a Work shall not be made ineffective or non-displayable.
5.4 Where the Photographer has placed restrictions on access to or use of the Works, the Client shall make no attempts to defeat such restrictions.
5.5 The Photographer will follow its usual backup procedure (if any) upon the completion of Photographic Works. The Photographer will not be liable under any circumstances if unable to produce backups upon the request of the client.
Fees are payable as outlined on the Licence or invoice of the Photographer. Any monies not paid in full in accordance with clause 8 may be charged with interest at a rate of 2.5% per month or part month overdue.
12. CLIENT CONFIDENTIALITY
The Client must advise the Photographer if any material or information communicated to the Photographer is confidential. The Photographer must keep confidential material or information confidential, except where it is reasonably necessary to do other wise to enable the Photographer to carry out the Photographer’s obligations, or exercise any of the Photographer’s rights in relation to the invoice.