1. In this Agreement the terms
(a) image includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving, video, or any other item which may be offered for the purposes of reproduction.
(b) reproduction includes any form of publication or copying of the whole or part of any image and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means
(c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(d) Epic Photography is a trading name of Epic Photography PTY LTD. a company registered in Victoria, Australia.
(a) The entire copyright in the images is retained by the photographer representing Epic Photography at all times throughout the world.
(b) Epic Photography supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those images in a given context. No property or copyright in any images shall pass to the Client whether on its submission or on Epic Photography’s grant of reproduction rights in respect thereof.
(c) Epic Photography asserts both its moral and legal right to be identified as the author of its work.
(d) Unless otherwise agreed in writing if any image reproduced by the Client omits the copyright notice or credit line specified by Epic Photography any fee payable by the Client shall be subject to an increase specified by Epic Photography, and in any event an increase of not less than 25%
(e) Unless otherwise specified, the copyright notice should read © Epic Photography PTY LTD
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Epic Photography’s invoice. An agreement must be reached with Epic Photography before the images are used for a different purpose or after the licence to use has expired.
(b) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
(e) Epic Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
The following terms are used when describing the reproduction rights granted by Epic Photography to the Client:
(a) Internal Use: The right to use the images only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.
(b) PR and Press distribution: The right to use the images as described in 4(a); plus a licence for third parties to reproduce such images in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
(c) Specified Use Only: The right to use the images once only for the purpose as described on the invoice.
(d) Editorial: One reproduction only of images supplied within one print edition of the specified title in an editorial context only.
(a) Once the Client has made a booking for a specific time and date, Epic Photography will not accept any other work from other clients for those times and dates for the assigned Photographer.
(b) As a result, once a booking is made, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule. When a client cancels a booking within two weeks of any confirmed date, a fee of 50% of the booked time rate will be charged. When a client cancels photography within one weeks of any confirmed date, a fee of 100% of the booked time rate will be charged. In addition to this cancellation fee, the client will be charged for any expenses already incurred by Epic Photography.
(a) Until Epic Photography has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any image. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Epic Photography is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment the Client requests cancellation of the reproduction rights Epic Photography may in its discretion cancel subject to the Client paying a cancellation fee.
(b) The Client’s right to reproduce an image arises only when Epic Photography’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Epic Photography to rescind the Agreement and rendering the Client liable for the payment of damages.
(d) If payment is not made in accordance with (a) above then Epic Photography may rescind this Agreement and recover damages.
(e) Epic Photography reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any invoice issued to a Client becomes overdue, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
(f) In the event of reproduction without rights, Client agrees to pay fees according to the calculator located at http://www.the-aop.org/information/usage-calculator with Base Usage Rate equal to the total invoiced rate for production of the image.
On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Epic Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its images to ensure that the images are being used only in accordance with the reproduction rights granted to the Client.
(a) Epic Photography will edit and deliver what it considers to be the best of every situation covered. As a result, raw files will only be supplied to the client in exceptional circumstances and only when those raw files have not been deleted. Epic Photography makes no undertaking to keep any files not intended for use.
(b) No addition to, deletion from or alteration to or adaptation of an image may be made without the written permission of Epic Photography.
(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
In the case of printed publications, three copies of the relevant pages containing any image supplied are to be furnished to Epic Photography free of charge within two weeks. In other media, evidence of use must be made available if requested.
(a) While Epic Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any image or its caption.
(b) The Client agrees to indemnify Epic Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by Epic Photography.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Epic Photography gives no warranty or undertaking that any such rights, model releases or consents have 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 image. In the event that the image issued or reproduced by or with the authority of the Client then the Client shall indemnify Epic Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) This Agreement shall be subject to and constructed according to the law in Victoria, Australia and the parties agree to accept the exclusive direction of Victorian Courts.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.