Terms and conditions for the submission and reproduction of pictures

  1. In this agreement the terms (a) SUPPLIER shall mean Cumbria Tourism; (b) PICTURE includes a photograph, transparency, negative, design, artwork, painting, montage, drawing, engraving, or any other item which may be offered for the purposes of reproduction; (c) REPRODUCTION includes any form of publication or copying of the whole or part of any picture, altered or not, whether 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
  2. No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties.
  3. Images available are accessible to Cumbria Tourism members, partner organisations and the press for the positive promotion of the Lake District, Cumbria.
  4. Pictures are supplied on LOAN and no property or copyright in any pictures shall pass to the Client whether on its submission or on the Supplier's grant of reproduction rights in respect thereof.
    1. Reproduction rights are strictly limited to the uses outlined in section 5 unless otherwise agreed in writing.
    2. Reproduction rights are not granted exclusively to the Client except when specified.
    3. Reproduction rights granted are personal to the Client and may not be assigned, nor may any pictures 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.
    4. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
  5. Pictures are only to be reproduced by members of the press and Cumbria Tourism members in relation to to the promotion of the Destination (the Lake District, Cumbria).
  6. The Client agrees to indemnify the Supplier in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by the Supplier.
  7. 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, the Supplier may at any time thereafter inspect any record, accounts and books relating to the reproduction of the Supplier's pictures to ensure that the pictures are being used in accordance with the reproduction rights granted to the Client.
    1. Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by the Supplier then a fee of £100 will be payable by the Client.
    2. The Author has asserted his right to a credit in accordance with sections 77 and 78 Copyright, Designs and Patents Act 1988.
    1. Electronic storage or transmission of images is forbidden without the express written permission of the supplier.
    2. The Client will provide any information reasonably requested regarding anti-piracy measures.
  8. Pictures shall not be copied nor shall the image be altered or manipulated, added to, or any part deleted without the prior written consent of the supplier.
  9. In the case of printed publication an electronic copy of the relevant pages containing any images supplied are to be forwarded on to the Supplier by the Client free of charge before the publication is sent to print. In other media, evidence of use must be made if requested.
  10. While the Supplier takes all reasonable care in the performance of this Agreement generally, the Supplier shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.
  11. The Client shall not use pictures in any way, or in connection with any material, which is unlawful, libellous, obscene or tortuous and shall indemnify the Supplier against any claims, damages, proceedings, loss or costs arising from such use. 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 the Supplier gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is used or reproduced by or with the authority of the Client then the Client shall indemnify the Supplier against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
  12. This agreement shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the Courts of England.

© Copyright 1995 British Photographer's Liaison Committee as agreed by AOP, BAPLA and the NUJ

Go to the website of the Association of Photographers (AOP)
Go to the website of the British Association of Picture Libraries and Agencies (BAPLA)
Go to the website of the National Union of Journalists (NUJ)