Terms of Business for Commissioned Work
I like to keep things simple and straightforward, so my Terms of Business are also simple and straightforward
1 COPYRIGHT & OWNERSHIP
Under The Copyright, Designs and Patents Act 1988 (and amending legislation), Copyright exists in any photograph and that Copyright is the property of the person who took the photograph. Therefore the Copyright of any photograph taken by me (Girts Gailans) belongs to me, as do the materials used to create that photograph.
Commissioning photography changes nothing; it simply gives you (my Client) first use of the photographs. In effect, the fee is payment for a Licence to use the images for the purpose you specified at the time of commissioning the work; it does not buy ownership of Copyright or Photographs or Materials.
Licensing of images also changes nothing; it simply allows you to use the images for the agreed purpose. Any further uses may require further fees, depending on the usage.
Whenever an image is used, my ownership of the Copyright should be acknowledged in the form " photograph Copyright Girts Gailans ".
Images are usually supplied on a CD. Neither this CD nor the images on it may be duplicated or loaned to a third party except as part of a legitimate process of fulfilling the rights that have been granted. Neither the CD nor any images on it may be sold to a third party; they are my property. As such they may be licensed by me to other parties involved in the project, but only with your knowledge and consent.
Fees must be paid in full by the date stipulated in my Invoice. You may not reproduce the images in any way or for any purpose until the fee has been paid. Reproduction of images before payment has been made is a Breach of Copyright which can incur serious penalties (and is actually a Criminal Offence). To be fair, I will have completed the work within the timescale you defined; it seems reasonable for you to do the same with payment.
We both have responsibilities if we are to get the best results for you.
Mine include doing my best to visit the site in favourable weather, at a time suitable for any occupants of the building, to carry out the photography with a minimum of disruption to those occupants, and to deliver the finished commission to you before any deadline that you imposed at the outset. Sometimes, of course, weather conditions and deadline do not coincide. Then it is your responsibility to decide which one takes precedence, and mine to make the best of the conditions.
It is also your responsibility to get permissions for access; if I arrive at a site and am turned away because there is no permission for me to take photographs, you will be billed in full.
Finally it is my responsibility to get the best possible photographs of your site; ones that you will be proud to show to prospective clients, to other contractors and to others in your profession. This may be in brochures, project sheets, magazine articles, trade journals, architectural awards submissions, your website or your portfolio. Or, of course, in my portfolio, my promotional materials and on my website.
So there we are, simple, straightforward, sensible. OK?