Terms and Conditions
For the purpose of this agreement ‘the Agency’ and ‘the Advertiser’ shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both ‘the Agency’ and ‘the Advertiser’ shall be interpreted as references to the Photographer’s client. ‘Photographs’ means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
- FIRST OWNERSHIP OF COPYRIGHT
In accordance with Section 21(1)(e) of the South African Copyright Act No 98 of 1978 as amended, the provisions of Section 21(1)(c) shall not apply to the work(s) to be made in terms hereof and the photographer will be the author of the work(s) and the owner of the copyright subsisting therein.
- USAGE RIGHTS
An Exclusive Licence is granted to the client for the usage as specified in the brief and/or estimate and/or order confirmation. Where no usage is specified, the licence is limited to base usage. For Advertising and Commercial Photography, base usage means either for one year any two, or for two years any one of the following media: Press, Poster, Billboard, Point of Sale, Direct Mail, TV, Brochure, Packaging and Merchandising, in South Africa only. For Editorial, Journalistic and Public Relations Photography base usage means one time use, in one publication, in South Africa only, for 24 hours or three months or whatever period commensurate with the frequency of the publication and the nature of the image. The granting of licences for further usage is subject to payment of additional usage fees as recommended in the PPSA Price and Usage
- ECONOMIC RIGHTS
The photographer shall be entitled to an equitable remuneration for all uses of the work(s) created by him irrespective of whether he or another is the owner of the copyright therein.
- OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the photographer’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or of if the Agency is put into receivership or liquidation. Where use is restricted in the agreement, permission to use the photographs for other purposes will normally be granted upon payment of a further fee, to be mutually agreed. Note: An agreement must be reached with the Photographer before the Photographs may be used for other purposes.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
- CLIENT CONFIDENTIALITY
The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trademarks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer’s normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
- CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
- RIGHT TO A CREDIT
If the box on the estimate and the licence marked ‘Right to a Credit’ has been ticked the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s).
- SUPPLY TO THIRD PARTIES
The licence only applies to the advertiser and product as stated on the front of the form.
- ELECTRONIC STORAGE
Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
- APPLICABLE LAW
This agreement shall be governed by the laws of the Republic of South
These Terms and Conditions shall not be varied except by agreement in