Terms and Conditions of Submission and Reproduction of Images

"We” and/or "Us" means The Travel Library Ltd.
"You" means the person or entity named as client.
You will be deemed to have accepted these terms and conditions unless you notify us to the contrary and return or delete all the Images from your system to us within 3 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 where appropriate a Digital Image).

Supply of Images - Rights Managed

1) The Images are submitted on loan at your request, on approval only. Our delivery note lists the Images delivered 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 48 hours of receipt.

Digital Use of Images

2) You acknowledge that Images are our valuable property, as are any digital images

3) You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licenced by us. If permission is granted the following conditions apply:

4) Each Digital Image created by you shall be recorded and labelled with the Image reference number used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.

5) Unless otherwise agreed, any Digital Image you create must not be greater in size than 800x600 pixels, 72ppi/dpi. 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.

6) 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 90 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.

7) Digital Images have been professionally scanned and calibrated for optimum colour balance within tolerance of the reproduction process. We cannot be responsible for variations of colour balance of individual clients' monitor or quality in whatsoever form of the final published work. If reproduction output is critical then we recommend the supply, where available, of the original transparency or a colour match print at cost.

Supply of Images in Transparency

9) The Images are submitted on loan at your request, on approval only. Our delivery note lists the Images delivered 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 48 hours of receipt.

10) (Transparencies) Images belong to us. They are your responsibility from the time we dispatch them until we receive them back in good condition. You are urged to take out insurance to cover the total value of the Images delivered. 10) "Return Date" is the date by which the Images must be returned as specified on the delivery note or licence. If no date is specified, the Return Date shall be four weeks from the date of the delivery note.

12) You must pay the rental fee of £5.00 per image per week beyond the return date as specified on the Delivery Note until we receive the images back. Payment of the rental fee does not entitle you to retain any Image after its Return Date.

13) 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 totaling the returned Images and must send a copy of that note by separate post, fax or email.

14) You must immediately notify us in writing of any loss or damage. You must pay us compensation for each Image lost or damaged at the rate of £500.00 for each original transparency or £150.00 for each duplicate transparency as specified on the Delivery Note. This is a genuine pre-estimate of the loss which we will suffer. Any Image returned without its mount or with its caption or other mount data missing or defaced may incur a replacement charge of £25.00 as set out in the Delivery Note. Payment of compensation does not entitle you to any additional rights in the material. An Image subsequently found must be returned immediately. If it is undamaged you will be credited with any compensation paid less a rental fee at the rate set out in the delivery note from the Return Date to the date the Image is returned. Such credit will never be less than 20% of any compensation paid.

Supply of Images - Royalty Free

15) Only images marked RF on the TTL website may be licensed as Royalty Free. All other images marked RM are subject to reproduction rights and appropriate fees according to use of the images

16) By downloading or accepting delivery of any RF images you commit to purchase. Royalty Free images are not available for layout purposes prior to purchase.

17) Purchasers hold no rights to the intellectual property of the images. Copyright at all times remains the property of the author. Purchaser’s only hold a user license granted in accordance with the terms of this license.

18) The purchaser is authorised to use the images for an indefinite period for the purpose of legitimate publication limited to the maximum files size agreed at the time of purchase.  

19) The images may not be sublicensed, resold or otherwise made available for downloading, or use of distribution separately. The images may be used as an integral part of a website, but then other than a PDF brochure or magazine may not be made available for downloading separately in any format designed for permanent storage or re-use including additional website, wallpaper, or mobile phone displays.  

20) Where the purchaser is a business client, then the license applies to all its members, employees, servants or agents. It is not permitted to transfer the license to the benefit of a third party outside the members of its organization or to one of its members for his or her personal use beyond the scope of the purchaser’s business activities

21) Where the purchaser is a design or advertising agency, you may not sublicense, sell, assign or convey or transfer any rights of the images. Images downloaded on behalf of a client can only be used in projects for that specific client. An additional license must be purchased if you wish to use the images for more than one client. Should your client wish to incorporate the images into work outside of that contracted to your agency, they should contact TTL to purchase an additional license.

22) Where the purchaser is a private individual, he or she is authorised alone to use the images for their sole personal use and in this regard are the sole holder of the licence Therefore he or she is not permitted to transfer the use or licence of the images to any third party.

Licence for Use of Images

23) The reproduction, by whatever means, of the whole or any part of any Image (including, without limitation, slide projection, artist's reference, artist's illustration, layout or presentation of Images) 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 at the time of purchase. We will then consider whether we would wish to grant a licence and, if so, on what terms.

24) No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. 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 of any Image supplied to you.

25) You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Image supplied to you.

26) Reproduction rights (if granted), unless otherwise agreed in writing, are: a) subject to these terms and conditions and any terms and conditions set out in the delivery note and licence, b) non-exclusive reproduction rights for single use only in the United Kingdom. A single use means a reproduction in one size for one edition of a single publication, published in one language only, c) strictly limited to the use, period of time and territory stated in the licence and d) personal to you and not assignable by you to any third party.

27) If we agree that you may licence the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Images for personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author.

28) You must credit us and the author as specified by us every time an Image is used. If you fail to credit the Image an additional 50% of the original licence fee will be payable.

29) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.

30) You must provide us on publication with at least one complementary copy of any publication in which the reproduction of the Image appears.

31) If images are published on the Internet you should provide us with the URL of the relevant website

32) A separate licence is required for Rights Managed images used for electronic versions on the internet of printed publications, i.e. newspapers, magazines, travel brochures and other such like material.

Miscellaneous

33) 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. Damages for any other breach shall be limited to the licence fee paid by you.

34) You must pay our invoice within 30 days of issue. However, in the case of newspaper, periodical and broadcasting use only, if we agree in advance, you may pay by the end of the calendar month immediately following publication or use, or within six months of the issue of our invoice, whichever is sooner.

35) 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.

36) Any licence granted will terminate immediately if you (a) die, (b) enter into voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) 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.

37) 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.

38) 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.

39) The unlawful publication of our images without consent or the appropriate licence constitutes a breach of the Copyright Designs & Patents Act 1988 and in law may be interpreted as both a civil and criminal offence. In such circumstances, we exert the right to impose severe penalties with redress to the legal system.

40) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the 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.

© Copyright 2001 British Photographers Liaison Committee/Finers Stephens Innocent Solicitors as agreed by: BAPLA (British Association of Picture Libraries and Agents) AOP (Association of Photographers) NUJ (National Union of Journalists) MPA (Master Photographers Association) BFP (Bureau of Freelance Photographers)

With amendments © 2010 The Travel Library Ltd