Photographic image licence
To be completed by BAHCT:
Image Licence Reference No.: |
To be completed by applicant:
Permission Name:
Requested by:
(‘the Licensee’) Address:
Tel No: Fax No:
Email:
Purpose of reproduction: Advertising/Promotional ⃞ Commercial Project ⃞
(‘the Purpose’) Educational Project ⃞ Inside Illustration ⃞
Jacket/Cover ⃞ TV Still ⃞
Other ⃞ (please state)…………………………………………
Image to be reproduced: Author or Artist:
(‘the Image’) Catalogue No(s):
Title of work:
Photograph/Transparency:
Colour/Black & White:
Type of Publication: Book ⃞ Newspaper/Magazine ⃞
CD Cover ⃞ Television ⃞
Other ⃞ (please state)…………………………………………
Title of Publication/Programme: ………………………………………………………………………
(‘the Publication’)
………………………………………………………………………
Print Run: Up to 5,000 ⃞ 5-15,000 ⃞ 15,000+ ……………………..
(please state)
Rights Required: One language, one country ⃞
(‘the Rights’) World Rights, one language ⃞
World Rights, multiple languages ⃞
Standard TV ⃞ Non-Standard TV ⃞
Other ⃞ (please state)…………………………………………..
Approximate Date of Release: ………………………………………………………………………
(For Transparency hire only) ‘the Period of Hire’: …………………..………………………………
Date:
Signed for and on behalf (signature)…………………………………………..
of the Licensee: (please print name)……………………………….. |
To be completed by BAHCT:
In consideration of the Licensee paying the fee of £ payable under the Terms and Conditions for Reproduction of Photographs and Transparencies (Edition 20080523) of this Agreement (‘the Fee’) Bethlem Art and History Collections Trust (‘the Trust’) hereby agrees that the Licensee may use the Image upon the terms and conditions contained herein.
Signed for and on behalf (signature)…………………………………………..
of the Trust: J Michael Phillips
Head of Archives and Museum / Trust Secretary
|
TERMS AND CONDITIONS FOR THE REPRODUCTION OF PHOTOGRAPHS AND TRANSPARENCIES
Permission to reproduce is dependent on the full acceptance of the Terms and Conditions detailed below and will be automatically withdrawn should any part be infringed.
1. The Licensee is granted permission to reproduce the Image in the Publication for the Purpose only.
2. The Rights that are granted to the Licensee of the Image are non-exclusive. All reprints, further editions or use of the Image, other than for the Purpose, including reproduction for an increase in the Print Run, necessitate a new application to the Trust and payment of a further fee. This also applies to television programmes where permission to reproduce covers one transmission only.
3. Copyright in the Image remains the property of the Trust unless otherwise stated. Photographs of works of art by living artists or artists who died less than 70 years ago can only be supplied, other than for research and private study, if the Licensee has obtained written consent from the owner of the copyright in the works of art, a copy of which must be sent to the Trust before the Image can be released.
4.The Licensee must satisfy himself that all necessary rights, releases or consents which may be required for reproduction of the Image are obtained, and the Trust gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs, or works of art depicted in any picture.
5. The Licensee agrees to indemnify the Museum in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper rights or consents or any of the Image(s).
6. The Trust shall not be liable for any loss or damage suffered by the Licensee or by any third party arising from the use of any of the Image.
7. All reproduction of the Image must include acknowledgement ‘Photograph reproduced by kind permission of the Bethlem Art and History Collections Trust’ along with the name and dates of the creator and the title and date of the work reproduced in the Image or details on the caption supplied.
8. If the Image or any work reproduced in the Image has not previously been published then any publication rights therein are hereby assigned absolutely to the Trust for the full period of such publication rights.
9. No part of the Image may be manipulated, masked out, cut down, superimposed with typed matter, or in any way defaced without prior agreement.
10. Application to reproduce a detail from any work will be considered only upon receipt of a sketch or marked-up photograph, showing the area to be reproduced. The caption must include the work “DETAIL”.
11. Service fees may be charged to cover administrative costs and despatch of the Image. Licensees will be warned of these charges in advance. Payment of service fees does not give rise to any rights in the Image.
12. The Licensee must pay the Fee payable by reference to the scale of fees set out in the Rate card in force at the time.
13. Payment of the Fee should be made within 30 days of invoicing. All bank charges must be borne by the Licensee. The Image may not be sent if payment is not received in full.
14. Cheques must be made payable to Bethlem Art and History Collections Trust in UK pounds sterling.
15. Permission to reproduce the Image will not be granted until the Fee payable has been agreed and paid.
16. No variation of the terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Image Hire
17. Arrangements to hire an Image are subject to its availability. Licensees will be charged if new photography is required, or the urgency of the request requires a new duplicate transparency to be made.
18. The Licensee should note the Period of Hire. Late return will attract an additional fee of £……………… per week.
19. The Period of Hire will commence on the date of despatch from the Trust and will cease on the date the transparency is received by the Trust.
20. Transparencies must be carefully handled. They are easily damaged by fingerprints and exposure to heat and light. They must be returned:
(i) undamaged;
(ii) in the correct pockets; and
(iii) free from any substance used to prevent slippage during scanning.
21. It is strictly prohibited to make duplicates of any transparencies supplied by the Trust other than as expressly permitted by the Agreement.
22. Transparencies hired from the Trust are not to be lent, resold, hired out or otherwise circulated without prior permission of the Trust.
23. This Agreement shall be governed by the laws of England and Wales.
Electronic transfer of images
24. Where images are sent by e-mail. Conditions 21, 22 and 23 apply equally to electronic images supplied by Bethlem Art and History Collections Trust.
J Michael Phillips
Head of Archives and Museum Service
Secretary, Bethlem Art and History Collections Trust
23 May 2008.
|
