PORTSMOUTH MUSEUMS AND RECORDS SERVICE
TERMS AND CONDITIONS FOR THE REPRODUCTION OF
PHOTOGRAPHS AND TRANSPARENCIES
These Terms and Conditions apply to conventional reproduction only.
Reproduction in an electronic or multimedia product is subject to
separate terms and conditions.
Permission to reproduce is dependent on the full acceptance of the
Terms and Conditions detailed below and will be automatically
withdrawn should any part be infringed.
1.
The Licensee is granted permission to reproduce the Image in the
Publication for the Purpose only.
2.
The Rights that are granted to the Licensee in respect of the Image are
non-exclusive. All reprints, further editions or use of the Image, other
than for the agreed Purpose, including reproduction for an increase in
the Print Run, necessitate a new application to the Museum and
payment of a further fee. This also applies to television programmes
where permission to reproduce covers one transmission only.
3.
Copyright in the Image remains the property of the Museum unless
otherwise stated. Photographs of works of art by living artists or artists
who died less than 70 years ago can only be supplied, other than for
research and private study, if the Licensee has obtained written consent
from the owner of the copyright in the works of art, a copy of which must
be sent to the Museum before the Image can be released.
4.
The Licensee must satisfy himself that all necessary rights, releases or
consents which may be required for reproduction of the Image are
obtained, and the Museum 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, trade marks, registered or copyright
designs, or works of art depicted in any picture.
5.
The Licensee agrees to indemnify the Museum in respect of any claims
or damages or any loss or costs arising in any manner from the
reproduction without proper rights or consents of any of the Image.
6.
The Museum shall not be liable for any loss or damage suffered by the
Licensee or by any third party arising from the use of any of the Image.
7.
All reproduction of the Image must include the acknowledgement
‘Reproduced by kind permission of Portsmouth Museums and Records
Service, Portsmouth City Council, All rights reserved’ along with the
name and dates of the creator and the title and date of the work
reproduced in the Image or details on the caption supplied.
8.
If the Image or any work reproduced in the Image has not previously
been published then any publication rights therein are hereby assigned
absolutely to the Museum for the full period of such publication rights.
9.
No part of the Image may be manipulated, masked out, cut down,
superimposed with typed matter, or in any way defaced without prior
agreement.
10. Application to reproduce a detail from any work will be considered only
upon receipt of a sketch or marked-up photograph, showing the area to
be reproduced. The caption must include the word 'DETAIL'.
11. Service fees may be charged to cover administrative costs and despatch
of the Image. Licensees will be warned of these charges in advance.
Payment of service fees does not give rise to any rights in the Image.
12. The Licensee must pay the Fee payable by reference to the scale of fees
set out in the Schedule to this Agreement or as agreed with the License
holder.
13. Payment of the Fee should be made within 30 days of invoicing. All bank
charges must be borne by the Licensee. The Image may not be sent if
payment is not received in full.
14. Cheques must be made payable to Portsmouth City Council in UK
pounds sterling.
15. Permission to reproduce the Image will not be granted until the Fee
payable has been agreed and paid.
16. No variation of the terms and conditions set out herein shall be effective
unless agreed in writing by both parties.
Image Hire
17. Arrangements to hire an Image are subject to its availability. Licensees
will be charged if new photography is required, or the urgency of the
request requires a new duplicate transparency to be made.
18. The Licensee should note the Period of Hire. Late return will attract an
additional fee of 20% of the Fee per week.
19. The Period of Hire will commence on the date of despatch from the
Museum and will cease on the date the transparency is received by the
Museum.
20. Transparencies must be carefully handled. They are easily damaged by
finger-prints and exposure to heat and light. They must be returned:
(i)
undamaged;
(ii)
in the correct pockets; and
(iii)
free from any substance used to prevent slippage during scanning.
21. It is strictly prohibited to make duplicates of any transparencies supplied
by the Museum other than as expressly permitted by the Agreement.
22. Transparencies hired from the Museum are not to be lent, resold, hired
out or otherwise circulated without prior permission of the Museum.
23. This Agreement shall be governed by the laws of [England and Wales].
DRW 17.8.2005