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Copyright & "Use License" Summary
Photos@VectorTrust.com is a professional cooperative of photographers, with offices in Australia, the USA and Europe. We bring a diversity of photographic experience, extensive travel, and practical knowledge to your project. We expect clients to adhere to an industry standard set of Terms & Conditions. ( Our written contract details them, this page is a general summary and is not binding or intended to be complete. ) The terms images and photographs are used here to indicate the source captured image and itís derivative forms, whether delivered in medium format transparency, 35mm film or digital forms. Clients may convert images to digital form only as is needed to produce the final product agreed to in the use agreement. Digital reproduction increases client liability for additional unintended use rights fees. Acceptance and/or any use of delivered images acknowledges your agreement with the Terms & Conditions in our contract with you. In the digital age, copyrights and use licenses for photographic images have joined the music, movie and intellectual property communities concerns about unauthorized use on the internet. We list web-specific requirements below.
When your usage expires, images must be properly packaged and returned to Photos@VectorTrust.com. Return all original images and any intermediate work copies used to produce your finished project(s). Digital images delivered in hard copy form (ie Disk, CD-Rom, DVD, etc) should be returned as sent. Digital images delivered by Email, FTP or other soft copy forms should be deleted to an unrecoverable form. Read and understand your liability for digital images in your contract agreement. Clients assume full liability for the actions of principals, employees, agents, affiliates, contractors or others intentionally or unintentionally allowed access to contracted images. Loss or damage to images while in your possession will result in liquidation fees. Clients should understand that each original photographic transparency, film negative, or digital image is unique. Images may not have an exact duplicate and may be impossible to re-create at any cost. Liquidation Fees are applied to each image lost and is considered to be USD$5000.oo in the USA, AU$6700.oo in Australia and EU4200.oo for member nations of the European Community. (World-wide clients will receive invoices in Euro denomination. For currency adjustments, a base fee of USD$ is the reference charge )
Photos@VectorTrust.com retains all image copyrights. Our photos are contractually provided to you, for your use under contracted conditions. They are to be returned to us on the contracted schedule. We do not do work-for-hire projects and are not employees of client companies. Clients do not obtain rights to contract images, even when used in expansive derivative works by employees or other contractors. Studio photo sessions require our model and property releases. Clients should consult counsel to protect their own rights, if the contracted images are to be used for commercial purposes. No model or property releases are provided with editorial images delivered from public events. All permissions and model clearance are the responsibility of the client using any purchased image. Client users will indemnify Photos@VectorTrust.com and itís staff individuals against all claims of liability, harm, damages, defamation, or responsibility for consequences of any images use. Rights granted to clients are Non-exclusive, unless specifically stated in our agreement. Photos@VectorTrust.com may sell, trade, donate or provide any image to others without limit and without prior notice to clients, subjects or end users. Exclusivity can be purchased for an additional fee. Client users do not have the rights to transfer, sell, donate, or in any fashion distribute contact images in ways not specifically outlined in our written contract. Contract clients cannot assign, transfer or deliver the use rights of images to any third party. This liability is increasing because of the internet. See our notes on this use below. Clients are responsible for our fees. Payment is due upon completion and delivery of contract images. Usage rights of images do not transfer until full payment is delivered. In the event of any payment dispute, clients are still responsible for protecting our copyrights and are financially responsible for unintended secondary use fees and liquidation charges.
The internet has created new client uses for our images and increased the need for diligence in protecting the copyrights and contracted use rights that our clients purchase. We continue to evolve our use rights contract as it applies to internet usege. Read the specific image use contract delivered with your photographs for details. Our current minimum web site use requirements are:
Mandatory adjacent text credit /each image will read Image-Photos@VectorTrust.com at minimum. All images must retain the visible watermark Photos@VectorTrust.com. If the original delivered image is cropped or resized for use, It is the client responsibility to re-insert the visible watermark. Watermark must be visually identifiable / clearly readable, but only on the largest version in use (pop-ups, image galleries, etc). We exempt thumbnail use of this image from visual credit requirements. Thumbnail is defined as smaller than 300 total pixel size (example 150x150 or 180x120) on any web page and is not the primary or solo usege of the image. The credit text, the entire image or other "photographer credit" must HREF link to http://photos.vectortrust.com. Editorial use can provide a link in a preexisting links section of a web site, if reachable within two clicks of the image display. Use of images in online advertising is exempt from linking requirements. This right is included in our clients use contract. Right-click capture of images exposes clients to secondary use fees and copyright fees. Images redistributed in this and other unauthorized channels are subject to liquidation fees, plus the currently applicable fee schedule that applies to the secondary use. Clients are responsible for the re-use fees on an on-going basis until unauthorized secondary use ceases. This can be a substantial cost, if images are released to the wild on the internet. Many of these liabilities can be avoided by purchasing supplemental use rights.
See your Photos@VectorTrust.com contract for all Fees / usage rights / Length of Term details for use of selected images. Send any questions, comments, suggestions or requests to the address that is our company name... Photos@VectorTrust.com
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