Definitions
For the purposes of this agreement, the "Photographer" is Philippa Michael trading as PM Photo & Design.
Image Copyright
All photographs and content of this website are the copyright of Philippa Michael. These images may not be reproduced, copied or manipulated in any way or for any purpose without the written consent of Philippa Michael. If you want to use any of the images on this website, they may be available for licensing but this must be negotiated prior to any use with Philippa Michael.
Copyright
Copyright gives a photographer the right to control the ways in which their photographs may be used, protecting them against unlawful usage and unauthorised reproduction of their works. Knowing the legal position on how and when images can be used is essential for both professional photographer and their clients.
The copyright in a photograph belongs to the person who took it under the Copyright Designs & Patents Act 1988. This means that clients may only use photographs taken by a professional photographer in ways that have been agreed at the time they were commissioned. If further uses are required at a later date, permission must be sought from the copyright holder and an additional fee agreed.
It is essential that clients specify the uses to which images will be used, preferably in writing, when briefing the photographer and requesting a quotation. This agreement then forms part of the contract. The contract should cover how the work will be used, where it will used and for how long it will be used.
Copyright can be assigned to another person or company, but only if Philippa Michael is in agreement. Assignment of copyright will be in writing, otherwise all copyright remains with the Philippa Michael under the Copyright Designs & Patent Act 1988.
It should be noted that while the client who commissioned the work may hold onto it, the photographer, being the copyright owner, has a clear right of access to the material. When you commission Philippa Michael to do work on your behalf, the copyright remains with the Photographer.
Licensing
Licensing allows the Photographer to keep the copyright of their work whilst giving their clients the freedom they need to use their photography in a range of contexts. A licence specifies the precise circumstances under which photographs may be used.
Once the licence period has expired, the client must cease to use further photographs after the licensing date has passed.
Payment
A payment due date will be clearly noted on the relevant invoice for the commissioned work.
Where a Client is a company and whether or not that company has gone into liquidation, the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
Post Production and Editing
The final post production and editing styles, effects and overall look of the images are left to the discretion of the photographer, unless discussed and agreed otherwise with the client. Under no circumstances will raw or unedited photographs be issued to the client.
Archiving of Images
All final images will be stored and archived by the Photographer for 5 years. If the Photographer loses images stored in archive or they are stolen, the Photographer is not liable beyond 5 years of storage.
Applicable Law
This agreement shall be governed by the laws of England and Wales.