Licence

 

COMMERCIAL photography is used to sell or promote a product, service, or idea. Advertising, marketing, and promotional activities all fall into this category.

 

EDITORIAL photography is used primarily for journalistic or educational purposes. Images featuring people and things not licensed for commercial use can be used in newspapers, magazines (print and online), as well as text books and educational blogs.

 

STANDARD photography is generally commissioned or purchased for the client’s own personal use (e.g., wedding photography, senior portraits, pet photography, fine art, etc.).

 

 

Standard Licence

 

  • Payment: No rights are granted until payment is received in full.Failure to make timely payment shall be deemed an act of copyright infringement under the United Kingdom Copyright Act.
  • Rights & Usage: By purchasing the selected photographs (the “Images”) you hereby agree and acknowledge that you are not acquiring any right, title or interest in or to the Images(s) or any associated copyrights, other then the right to possess, hold and use the Images(s) for personal, non-editorial and non-commercial purposes. Furthermore, you agree that you will: (i) not scan, copy, duplicate, distribute or otherwise reproduce the Images(s), (ii) not use the Images for any commercial/editorial purpose, without the express written consent of the photographer and (iii) indemnify P Carver Photography and its affiliates, officers, members, managers, employees and agents against any claims, losses or damages incurred as a result of or in connection with your breach of the foregoing restrictions.
  • Warrants & Liability:Photographer warrants that Photographs were created by him and he has authority to license their use to Client. Client will defend Photographer against any and all claims, liability, damages, and costs, including legal fees & expenses, arising out of the creation, use, or misuse of the images. Unless delivered to Client by Photographer, no Model or Property release exists. Client shall pay Photographer’s costs and expenses (including Photographer’s reasonable attorney’s fees and related costs) incurred in connection with enforcing the terms of this Agreement, including those incurred without commencing a court proceeding.
  • What you can do with a physical item (print etc.): Prints come with a standard licence which grants the buyer the permission for their personal use only and must not be used for a  editorial or commercial purpose. The buyer is not allowed to scan, copy or reproduce the print. Should another client require the print this must be purchased from the photographer.

 

Editorial Licence

  • Payment: No rights are granted until payment is received in full.Failure to make timely payment shall be deemed an act of copyright infringement under the United Kingdom Copyright Act.
  • Rights & Usage: Copyright and all film, prints, media, and digital files remain the property of Photographer. The only rights granted to the Photographs are those specifically set forth above under “Rights Granted/Media Usage”. All other rights are reserved by Photographer. Rights granted may not be transferred or assigned, in whole or in part, whether voluntary or by operation of law without the express written consent of Photographer. This agreement is not a work made for hire.
  • Warrants & Liability: Photographer warrants that Photographs were created by him and he has authority to license their use to Client. Client will defend Photographer against any and all claims, liability, damages, and costs, including legal fees & expenses, arising out of the creation, use, or misuse of the images. Unless delivered to Client by Photographer, no Model or Property release exists. Client shall pay Photographer’s costs and expenses (including Photographer’s reasonable attorney’s fees and related costs) incurred in connection with enforcing the terms of this Agreement, including those incurred without commencing a court proceeding.
  • What you can do (Digital downloads): Photographs can be used for journalistic  or educational purposes such as newspapers, magazines, blogs, text-books (Print and Online). Photographs cannot be used to promote a product or service, to do this a ‘commercial licence’ is required. A editorial licence is only relevant to the client of P Carver Photography and cannot be sold on to another client without the written permission of the photographer.

 

Commercial Licence

  • Payment: No rights are granted until payment is received in full.Failure to make timely payment shall be deemed an act of copyright infringement under the United Kingdom Copyright Act.
  • Rights & Usage: Copyright and all film, prints, media, and digital files remain the property of Photographer. The only rights granted to the Photographs are those specifically set forth above under “Rights Granted/Media Usage”. All other rights are reserved by Photographer. Rights granted may not be transferred or assigned, in whole or in part, whether voluntary or by operation of law without the express written consent of Photographer. This agreement is not a work made for hire.
  • Warrants & Liability: Photographer warrants that Photographs were created by him and he has authority to license their use to Client. Client will defend Photographer against any and all claims, liability, damages, and costs, including legal fees & expenses, arising out of the creation, use, or misuse of the images. Unless delivered to Client by Photographer, no Model or Property release exists. Client shall pay Photographer’s costs and expenses (including Photographer’s reasonable attorney’s fees and related costs) incurred in connection with enforcing the terms of this Agreement, including those incurred without commencing a court proceeding.
  • What you can do (Digital downloads): Photographs can be used to promote a product, service or idea (print or online).  This permission is accepted in all categories that fall into advertising, marketing and promotional activities. A commercial licence is only relevant to the client of P Carver Photography and cannot be sold on to another client without the written permission of the photographer. A commercial licence will also grant the privileges of an editorial licence, such as the right to use my photographs for the use of  journalistic  or educational purposes such as newspapers, magazines, blogs, text-books (Print and Online).