TERMS AND CONDITIONS OF SUPPLY AND REPRODUCTION OF IMAGES FROM THE RIBA BRITISH ARCHITECTURAL LIBRARY PHOTOGRAPHS, AND DRAWINGS AND ARCHIVES COLLECTIONS
"We/Us" and/or "RIBA" means RIBA British Architectural Library Photographs, and Drawings and Archives Collections.
"You" means the person or entity named as client overleaf.
You will be deemed to have accepted these terms and conditions unless you notify us to the contrary within 5 days of receipt.
No variation of these terms or conditions shall be effective unless agreed in writing.
IMAGE means any item which may be offered for the purposes of reproduction including a digital image.
No clearance is given for reproduction of copyright works shown in any image.
Supply of Images
- The images are supplied by us at your request following an agreement on supply fees. Our delivery note lists the images supplied to you, which shall be deemed to have been received complete and in good condition, unless we receive notification of any discrepancy or damage within 72 hours of receipt. After this time you may be liable for further supply charges should a replacement Image be required.
- Images supplied through the photographer A C Cooper Ltd. on behalf of the RIBA will be invoiced and charged for by A C Cooper Ltd., and sent out directly to you on receipt of full payment for image(s) and postage costs. We will pass on your payment details to A C Cooper Ltd. We must be contacted directly should any discrepancy arise on receipt of your image(s).
- Images belong to us. If images are loaned to you upon agreement of a hire charge, they are your responsibility from the time we despatch them until we receive them back. You are urged to take out insurance to cover the total value of the Images delivered.
- You must pay the non-refundable supply fee to cover administrative costs and despatch of images on each submission and resubmission of images whether or not reproduction rights are required or granted. We will deliver images to you by the most appropriate safe method.
- A Return Date specifies the date by which any loaned images must be returned as specified on the delivery note or licence or in previous correspondence.
- You must pay the hire fee specified in the delivery note or invoice until we receive the images back. Payment of the rental fee does not entitle you to retain any image after its Return Date.
- If required, you must return images to us by a safe method which affords proof of delivery. You must arrange adequate protection for images in transit. You must enclose a delivery note detailing and totalling the returned images and must send a copy of that note by separate post, fax or email.
- You must immediately notify us in writing of any loss or damage. You must pay us compensation for each image lost or damaged. Any image returned without its mount or with its caption or other mount data missing or defaced, may incur a replacement charge. Payment of compensation does not entitle you to any additional rights in the material. An image subsequently found must be returned immediately. The rental fee is at the rate set out in the delivery note.
Additional terms for Supply of Images in Digital Format
- You acknowledge that images are our valuable property, as are any digital images created from images we supply in other formats. You agree to destroy all digital images including any pre-press or pre -production copies of the images and any copies or records of the images held on a database within 30 days of the date of receipt of the images or completion of the maximum production run, or expiry of the licence term, whichever is later.
Conditions of Licence for Use of Images
- The reproduction by whatever means of the whole or any part of any image is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an image is intended to be used. We will then consider whether we would wish to grant a licence and, if so, on what terms.
- No reproduction rights are granted by virtue of delivery of images unless expressly indicated by us in writing. Your right to reproduce an image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction without licence of any image supplied to you.
- You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained. We make no claim or warranty with regard to your use of names, people, trademarks or copyright material depicted in any image.
- Reproduction rights (if granted), unless otherwise agreed in writing are:
- Subject to these terms and conditions and any terms and conditions set out in the delivery note or licence or correspondence,
- Non-exclusive reproduction rights for single use only. Single use means a reproduction in one size for one edition of a single publication and does not include reprints of earlier editions without prior written agreement and payment of subsequent fees,
- Strictly limited to the use, period of time and territory stated in the licence,
- Personal to you and not assignable by you to any third party.
- You must credit us using the exact credit line as specified by us every time an image is used. If you fail to credit the image or credit the image incorrectly, an additional 50% of the original licence fee will be payable and invoiced automatically.
- Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
- Where possible, you must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the image appears.
Additional terms for the licence of Images used in a Digital Format
- You may not create digital images without our permission. If permission is granted the following conditions apply:
- Each digital image created by you shall be recorded, labelled with the image reference number applied by us, and held on an electronic database under your sole possession and control until the license for the use for which it was supplied has expired. It must then be deleted or the license renewed.
- Unless otherwise agreed, any digital image you create must not be greater in size than 640x480 pixels, 72ppi. Any use of the digital images shall be in a format designed so that it will not be possible to alter, manipulate or adapt any digital image in any way during the normal course of using the product. Digital images must be credited alongside the image.
- While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any image or its caption.
- You must pay our invoice within 30 days of issue.
- If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
- Any licence granted will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed; or (c) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
- Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in us and you hereby assign all such rights arising to us.
- Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
- Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the British
Photographers' Liaison Committee.
- These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.