INTRODUCTION & BACKGROUND
These are the terms & conditions under which Andy Barton, shall undertake photographic assignments and commissions for editorial, public relations and commercial photography. These Terms & Conditions, together with any terms stated in an invoice shall constitute a legal agreement between Andy Barton and the client upon confirmation of an assignment or commission.
These Terms & Conditions, together with any terms stated in an invoice shall constitute a legal agreement between Andy Barton and the client upon confirmation of an assignment or commission. Where inconsistent, terms stated in an invoice or delivery note shall supersede these Terms & Conditions.
Andy Barton is happy to discuss these Terms & Conditions with a client or prospective client and to explain how any specific terms & Conditions might apply in the client’s particular circumstances. See also 19. for variation of/or addition to these Terms & Conditions.
Andy Barton takes considerable care to establish and maintain excellent and mutually beneficial working relationships with his clients, to develop his workflows to account of new technological developments and filing practices and to remain compliant with all relevant legislation, regulations and best practice.
Photograph, photographs, image and images shall mean photographic material produced by Andy Barton, whether digital files, transparencies, negatives, prints artwork or any other type of physical or electronic material.
Andy Barton shall mean the creator of the photograph, photographs, images or images.
Reproduction shall mean any form of publication or copying of the whole or part of any photograph or photographs not altered by printing, photography, slide projection, xerography, artist reference or illustration, layout or presentation, electronic or mechanical reproduction or storage by any means.
BRIEF & CLIENT REPRESENTATIVE
The client shall supply to Andy Barton a full brief or instructions at least 48 hours prior to the assignment or commission. The client shall ensure that any requirements for particular photographs are clearly stated within the brief or instructions. In case of requirements for photographs of particular persons, it shall be the client’s responsibility to ensure that Andy Barton is made aware on the day of the assignment or commission as to the identity, location and arrival time of that person.
Andy Barton shall take care to ensure the inclusion of any specific photographs defined in the brief or instructions confirming the assignment or commission; where this is not possible, for example for technical or creative reasons, Andy Barton shall take the steps to indicate this to the client as quickly as possible and to offer solutions or alternatives.
A client shall be the responsible for sending a representative to the assignment or commission, in the absence of a suitable representative, a client shall be obliged to accept Andy Barton’s judgement regarding the suitability of the photographs for the assignment or commission.
RELEASES & CONSENTS
The client shall be reasonable for obtaining any required rights, releases, consents and clearances, including with limitation, model or property releases and clearances with regards to names, text, people, places, third party copyright works, trademarks, logos, registered or unregistered designs, work of art, uniforms and other intellectual property shall indemnify the photographer again any loss, damage expenses, claims and legal costs arising out of any failure to obtain such rights, releases consents and clearances.
The client shall acknowledge that Andy Barton gives no warranty or undertaking that any such rights, releases, consents and clearances have been or will be obtained.
Andy Barton shall in exceptional circumstances be responsible for obtaining model or releases only if this has been expressly agreed in advance and in writing between Andy Barton and the client. The service would incur an additional fee payable to Andy Barton by the client.
Andy Barton will be happy to discuss the subject of releases with the client in advance of assignments or commissions.
Andy Barton shall include basic clean-up (colour correction and level adjustment) in the file charge for the reproduction image files.
While Andy Barton takes all reasonable care to correctly identify and caption his photographs, he shall not accept any liability for loss or damage incurred by the client or by any third party as a result of errors contained within his captions.
DELIVERY, DEADLINE AND STORAGE
Andy Barton shall agree a time, date and method of delivery with the client. Options available for delivery shall include web galleries, FTP, email, USB drives, portable hard drives, and print. Andy Barton shall deliver the photographs to the client by the agreed deadline and in the agreed format.
Andy Barton shall store copies of all images files inline with industry best practice.
INVOICING & PAYMENT
Standard terms: 30 days from the date of invoice unless otherwise agreed in advance and in writing between Andy Barton and the client.
Andy Barton shall agree on fees and costs with the client before the assignment or commission takes place. See 13. for subsequent changes of scope.
Andy Barton shall in advance of an assignment or commission, ask the client to supply a purchase order, letter or email confirming the assignment or commission the agreed fees and costs for that assignment or commission and acceptance of Andy Barton’s Terms & Conditions.
Following the completion of the assignment or commission, Andy Barton will send an invoice as appropriate to the client stating the terms of payment and acceptable payment methods.
The licence or licence extraction agreed between Andy Barton and the client will take effect when full payment for the assignment or commission has been received by Andy Barton from the client.
The client may not use the photograph or photographs until Andy Barton has received full payment of the invoice or invoices unless otherwise agreed in advance and in writing between the photographer and the client.
In the case of such advance agreement in writing, permission to use the photograph or photographs shall be revoked by Andy Barton if full payment of the invoice is not made by the client within the timescale stated on the invoice.
Andy Barton shall consider a booking for an assignment or commission to constitute acceptance of a contract including these Terms and Conditions by the client as from the date of confirmation and shall, therefore, declare himself unavailable if approached with offers of work from other clients or prospective clients in relation to the time and date of the assignment or commission.
Andy Barton shall reserve the right to charge the client all expenses incurred up to the time of cancellation or postponement of the assignment or commission, plus 50% of the agreed photographer’s fee if the client cancels or postpones the assignment or commission within 48 hours of the start time of the assignment or commission.
LIABILITY AND INDEMNITY
Whilst Andy Barton devotes all reasonable care and attention in carrying out his work and ensuring satisfied clients, he shall not accept liability for unexpected events including bad weather, industrial disputes, sickness or injury, equipment failure, model or property realises disputes or other actions or accidents outside his control and which cannot be reasonably predicted.
Andy Barton shall not be liable for any loss or damage suffered by the client or by any third party airing from the use of reproduction of any of the photographs or captions.
The client agrees to indemnify Andy Barton in respect of any loss, claims damages or costs arising in any manner from the reproduction without proper reproduction rights of any photograph, photographs, captions or captions supplied to the client by Andy Barton
Andy Barton has five million pounds of public liability insurance cover and ensures that his photographic equipment is tested and serviced regularly. If the client requires any additional specialist insurance to be taken out for an assignment or commission, the cost of such insurance would be added by Andy Barton to the fees and expenses for the assignment or commission.
Andy Barton stores back-up copies of his photographs using reliable methods but shall not accept liability for any loss or damage resulting from system failures.
The client shall assume the full risk of loss or damage to or airing from the materials supplied by the client for the assignment or commission and warrants that such materials are adequately insured against such loss, damage or liability.
Andy Barton shall treat as confidential, and shall not disclose to any third parties or make use of, material or information supplied to him in confidence by the client for the purposes of an assignment or commission save as may be reasonably necessary to enable the photographer to carry out his obligations in relation to the assignment or commission.
All images are strictly copyrighted: © Andy Barton.
Andy Barton shall retain the entire copyright in his photograph or photographs at all times, throughout all territories and across all jurisdictions, and shall not assign it to any client or to any third party unless otherwise agreed between Andy and the client in advance and in writing.
Andy Barton retains the title to or ownership of all his photographs.
The client shall acknowledge that a photograph or photographs, any digital images created from the photograph or photographs are the valuable property of Andy Barton
The reproduction by whatever means of the whole or any part of any photograph, including without limitation, personal blog, social media and other web use, slide projection, artists reference or illustration or presentation or layout, shall be strictly forbidden without express written permission in advance from Andy Barton and shall constitute a copyright infringement.
Andy Barton states all images sold are non-transferable by the client unless expressly agreed in advance and in writing between Andy Barton and the client.
The clients right to reproduce a photograph or photographs shall arise only if the licence terms have been agreed between Andy Barton and the client. The client has paid in full the invoice relating to the grant of such licence to the client by Andy Barton.
The client shall not use a photograph or photographs supplied by Andy Barton until full payment of the invoice or invoices from the client unless otherwise agreed in advance and in writing between Andy Barton and the client. In the case of such advance agreement in writing, permission to use the photograph or photographs shall be revoked by Andy Barton if full payment is not made by the client to Andy Barton within the timescale stated in the invoice.
Any reproduction of a photograph or photographs by the client before payment in full of the invoice to Andy Barton, or outside the terms of any licence granted by Andy Barton, shall constitute both copyright infringement and the breach of this Agreement entitling Andy Barton to rescind and to claim damages from the client.
Andy Barton shall charge any unauthorised use of a photograph or photographs produced by himself for editorial, commercial or non-commercial purposes including without limitation, personal blogs, websites and social media or any other use at the least at Andy Barton’s or the National Union of Journalists recommended rate appropriate to that use, whichever is greater, plus 100% of such rate. Andy Barton shall reserve the right to charge a higher fee in cases of particular flagrancy or severity of unauthorised use.
Andy Barton expressly forbids the removal of metadata from image files. The photographer shall charge an additional 100% of the licence fee in case of such removal of metadata.
LICENCE TO USE & EXCLUSIONS
The client shall inform Andy Barton as to the intended usage of a photograph or photographs.
Andy Barton shall than, subject to the terms of the agreement, grant to the client a suitable non-transferable and non-exclusive license to use, hereinafter described as a licence, to reproduce on payment of the licence fee the photograph or photographs during the licence period in the territory specified and for the purpose specified in the invoice or delivery note.
Any usage by the client of the photograph or photographs shall be strictly limited to the terms of the licence granted by Andy Barton, i.e. publication, medium, period, placement, size, territory and any other terms agreed.
The licence granted to the client by Andy Barton shall be for single use, i.e. a reproduction in one size, for one edition of a single publication, in one medium only and published in one language only unless otherwise specified in the invoice or delivery note.
The licence period shall commence on the date specified for the licence on the invoice if not such date has been specified on the date of the invoice and shall endure as specified on the invoice.
However, the right to use the licence shall only take effect upon payment in full by the licence fee specified in the invoice by Andy Barton.
Additional usages by the client shall require additional licences from Andy Barton e.g. a licence to reproduce a photograph or photographs for online use shall not imply any licence to reproduce a photograph or photographs for offline use and vice versa. Such additional licences shall require payment of an additional licence fee by the client of Andy Barton.
A licence may also include a period of exclusivity if agreed in advance and in writing between Andy Barton and the client. Andy Barton shall be entitled to use the photograph or photographs for any purposes following the expiry of any agreed period of exclusivity. Regardless of any period of exclusivity, Andy Barton shall retain the right in all cases to use the photograph or photographs in any manner, at any time in any territory for the purposes of promoting his work unless otherwise agreed in advance and in writing with the client.
Any usage of the photograph or photographs outside the terms of any licence granted shall constitute copyright infringement.
Andy Barton shall reserve the right to request the client to cease using the photograph or photographs where it is reasonably believed that these of the photograph or photographs shall breach any law or regulation or shall infringe the intellectual property rights of any third party. In such cases, Andy Barton may at his discretion provide an alternative photograph or photographs or give the notice to rescind this agreement in relation to the photograph or photographs.
The client shall not assign the licence to any third party unless otherwise agreed in advance and in writing between Andy Barton and the client.
The client shall not grant sublicensee of any of the riots included in the licence without prior written permission from Andy Barton in relation to the reproduction rights which may be sub-licensed to printers and other production suppliers only to the extent required for production purposes.
DIGITAL USE OF PHOTOGRAPHS
The client shall not create, store or transmit the photograph or photographs without the permission of Andy Barton except so far as is necessary to reproduce items licensed to the client by Andy Barton.
The client may store the photograph or photographs in a digital library, database or similar for production purposes to permit viewing by the client. However, any images files stored in this way must retain Andy Barton’s copyright credit information, the image identification numbers and any other information embedded in the electronic files contain the photograph or photographs.
All copies of the image files containing the photograph or photographs including any preproduction copies shall be deleted from the client’s computer or other electronic storage system and the systems of any partner companies to which image files were sent by the client for production purposes within 90 days of the date of receipt of the photograph or photographs or expiry of the licence term whichever is later.
The client shall not incorporate any photograph our photographs or any part of photograph or photographs into a logo, trademark or service mark.
The client shall not alter, add to, manipulate, crop or delete any photograph or photographs by any means of a computer or any other technique without the prior written consent of Andy Barton.
The client shall not use any photograph or photographs as a reference to create drawings or other visual works unless expressly agreed in advance and in writing by Andy Barton.
The client shall not use any photograph or photographs in presentations, layouts or slide projections unless expressly agreed in advance and in writing by Andy Barton.
The client shall not use any photograph or photographs in presentations in a pornographic, obscene, defamatory, misleading, unlawful or offensive manner whether directly or in juxtaposition to other materials.
The client shall not make any photograph or photographs available for use or distribution separately from a product or webpage, e.g. by download or in a format intended for storage to reuse by website users.
Andy Barton asserts his right to be identified as the author of his photographs under the Copyright, Design & Patents Act 1988.
The client shall credit Andy Barton as the author of the photograph or photographs for all published uses, in print or on the internet of the photograph or photographs produced by Andy Barton.
A credit line in one of the following forms as appropriate shall be displayed alongside or under the photograph or photographs in reasonable proximity and must be clear and legible:
Copyright: © Andy Barton.
Andy Barton shall charge an additional 100% of the original licence fee should the client fail to credit a photograph or photographs to Andy Barton. Failure to provide a credit may also breach the photographers moral right to be identified under Section 77 of the Copyright, Design & Patents Act 1988 and equivalent laws in other jurisdictions.
A written agreement between Andy Barton and the client shall be required in all cases prior to the publication where it shall not be possible, for any given reason, to credit a particular use of a photograph or photographs to Andy Barton.
Andy Barton shall supply all digital photographs with caption information, copyright data and metadata embedded.
Andy Barton expressly forbids the removal of such caption information, copyright data and metadata from the image files.
Andy Barton is registered with the Information Commissioners Office and his activities are conducted in accordance with the latest guidelines available from the Information Commissioners Office. He stores data relating to his clients securely and are subject to legal requirements, no such data shall be passed to third parties. Andy Barton does not maintain any form of a mailing list for marketing purposes, either to clients or to members of the public.
DATA PROTECTION STATEMENT
1. Andy Barton is a UK-based freelance photojournalist who uses, stores and processes personal data and information for business and photographic purposes in line with the UK data protection regulations including General Data Protection Regulations (GDPR). His images are displayed on this website hosted securely by Format and via the photo agencies. Links to the images on his website are published via social media platforms Twitter, Facebook and Instagram.
2. Andy Barton seeks consent where possible and/or required. However, personal data information may be held for documentary or artistic purposes where consent is not required and the right of freedom to expression is recognised by UK data protection regulations.
3. Personal data collected, stored and processed by Andy Barton for business purposes typically include names, e-mails addresses and/or telephone numbers gathered using e-mail software, including via the contact form of his website, and automatically stored password-protected and/or fingerprint activated devices for the purpose of contacting the data subject. This data is transmitted on a voluntary basis by a data subject, is stored to support business communication and/or for documentary purposes and is not shared with third parties.
4. Andy Barton does not collect or store any customer financial data; rights-managed image licensing and personal use transactions via his website is facilitated by WordPress in conjunction with Paypal, with no details passed to him other than address and e-mail information required to complete the transaction.
5. Andy Barton’s website hosted by Format collects general data when a data subject or automated system calls up the website. Information collected may include browser type, device type, referral source (e.g. Twitter, Facebook, Instagram) and location. This information is anonymous and is used for business analysis purposes only.
6. Andy Barton images contain industry-standard IPTC metadata. Metadata fields include details of events and, in some cases, those participating in those events. The IPTC metadata, which complies with the standard requirements of regional, national and global media companies, is stored on password-protected devices and on secure WordPress and Alamy servers to allow for editorial usage of the images.
7. The data controller for the purposes of GDPR, other data protection laws applicable in member states of the European Union and other provisions related to data protection is:
8. As a data controller, Andy Barton takes reasonable technical and organisational precautions to prevent the loss, misuse or alteration of personal data. All information supplied to Andy Barton is stored on secure servers, drives mad devices. Andy Barton uses two-factor authentication for social media platform Twitter, Facebook and Instagram.
9. Data subjects may request copies of personal information to Andy Barton by providing appropriate evidence of identity, e.g. a copy of personal details page of a passport certified by a solicitor or bank plus a copy of a utility bill showing current address. Andy Barton may withhold information with legal limits. A data subject may also seek to obtain confirmation from Andy Barton as to whether personal data regarding him or her are being processed.
10. Data subjects may inform Andy Barton if personal data requires correction or completion. He will ensure that such correction or completion is carried out without undue delay.
11. In the event of a data breach or potential data breach, Andy Barton would do the following: confirm the breach; contain the breach; establish immediate safeguards; assess the risk in connection to any breach; determine who should be informed; report the breach to the Information Commissioner’s Office (ICO) if it results in serious and significant risk to an individuals rights and freedoms; and identify lessons learned from the breach and how practices may be improved.
12. Andy Barton accepts no responsibility for the content, privacy policies or practice of another website.
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