Stock Photo Terms

Stock Photography Terms and Conditions

Below are our standard terms and conditions for the supply of our services.

If you are not sure about how any aspects of these terms affect our working for you, please just ask. We want to make it as easy as possible for you to get the images you want for the purposes you need.

Contact details:
Welsh Media Productions
1631 NE 60th Street
Fort Lauderdale, Florida USA 33334
Telephone (954) 319-0034

You can e-mail us: pwelsh@WelshMediaProductions.com

TERMS AND CONDITIONS FOR LICENSING AND REPRODUCTION OF PICTURES FROM
WELSH MEDIA PRODUCTIONS

1.
In this Agreement the terms are as follows:
(a) picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving 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 picture 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 organization to whom the invoice is addressed (whether or not the Client is acting for a third party).

2.
(a) The entire copyright in the pictures is retained by Pat Welsh at all times throughout the world.

(b) Welsh Media Productions supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Welsh Media Productions' grant of reproduction rights in respect thereof.

(c) Pat Welsh asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

(d) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Welsh Media Productions any fee payable by the Client shall be subject to an increase specified by Welsh Media Productions, and in any event an increase of not less than 25%

3.
(a) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Welsh Media Productions’ invoice. An agreement must be reached with Welsh Media Productions before the pictures are used for a different purpose or after the license 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 picture 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 license and no partial or other assignment of copyright shall be implied.

(e) Welsh Media Productions reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.

4.
The following terms are used when describing the reproduction rights granted by Welsh Media Productions to the Client:

(a) Internal Use only: The right to use the pictures 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 pictures as described in 4(a); plus a license for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

5.
(a) Risk in and responsibility for any original transparencies or prints passes to the Client from the time they are received until their safe return. The Client shall immediately inform Welsh Media Productions in writing of any loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within four weeks of the date for return then Welsh Media Productions may in its sole discretion presume it to be lost.

(b) The Client shall be liable to pay compensation to Welsh Media Productions in respect of each picture lost or damaged. Payment of compensation does not give rise to any rights in any picture. Compensation levels for the pictures are available from Welsh Media Productions upon request. These levels are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. the Client is urged to request these figures and to take out insurance cover to cover the total value of the pictures delivered.

6.
(a) Until Welsh Media Productions has invoiced the reproduction fee neither party is committed to grant or acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Welsh Media Productions 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 Welsh Media Productions may in its discretion cancel subject to the Client paying a cancellation fee.

(b) The Client's right to reproduce a picture arises only when Welsh Media Productions’ 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 Welsh Media Productions 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 Welsh Media Productions may rescind this Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.

(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 30 days from the issue date, and that Welsh Media Productions may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

(f) A fee of $35.00 (excluding tax) will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursual of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

(h) Welsh Media Productions reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of pictures, 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.

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, Welsh Media Productions may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

8.
(a) Welsh Media Productions will edit every take and deliver what it considers to be the best of every situation covered. As a result, contact sheets (or their digital equivalent) will only be supplied to the client in exceptional circumstances.

(b) No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Welsh Media Productions.

(c) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

9.
In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Welsh Media Productions free of charge within two weeks. In other media, evidence of use must be made available if requested.

10.
(a) While Welsh Media Productions 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 picture or its caption.

(b) The Client agrees to indemnify Welsh Media Productions in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Welsh Media Productions.

(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 Welsh Media Productions 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 picture. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Welsh Media Productions against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

11.
(a) This Agreement shall be subject to and constructed according to United States Law and the parties agree to accept the exclusive direction of the Courts of the United States.

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

PAYMENT

Payment should normally be made by check, certified check, or money order in U.S. funds made payable to: "Welsh Media Productions." Proof of postage of remittances is not considered proof of receipt, and clients are advised to send payment by any method affording proof of delivery.

Our terms are strictly net 30 days unless agreed in advance and in writing.


	Welsh Media Productions 1631 NE 60th Street, Fort Lauderdale, Florida 33334 Phone: (954) 319-0034 \| E-mail us today: Pwelsh@WelshMediaProductions.com


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