Terms & Conditions for Commercial/Business Use of Images

1.  Definitions

For the purposes of this agreement, Kim Smith and Barking Cat Pet Photography will be referred to as “Barking Cat.”  Any individual or organisation engaging in business with Barking Cat will be referred to as the “Client.”

“Image,” “Picture,” “Photo” and “Photograph” all mean photographic material furnished by Barking Cat including digital files, transparencies, negatives, prints, artwork or any other type of physical or electronic material.

“Reproduction” and “Use” includes any form of publication or copying all or part of any image, whether altered or not and whether by printing, photography, slide projection, photocopying, electronic or mechanical reproduction or storage.

2.  Copyright

Copyright for images remains with Barking Cat in line with the Copyright, Designs and Patents Act 1988 and applies worldwide.  Where images appear electronically, these should credit or cite copyright [(c) Barking Cat Pet Photography 2017] either near the image, as “alt text” appearing when the image is highlighted, or within the intellectual property rights page of the website.  Where possible, this should include a link to http://www.BarkingCatPetPhotography or the relevant Barking Cat social media platform.

3.  Use

License to use the images comes into effect from the date the invoice for use is paid and applies only to the Client named in the invoice.  Reproduction rights may not be assigned nor may any images be loaned or transferred to third parties save for the purpose of exercising such reproduction rights.

Agreement must be secured from Barking Cat before images can be used for purposes not included in this license or after license expiry.  An additional fee may be required for this.  Reproduction rights are not issued exclusively to the Client unless this is specified in the terms and conditions and/or invoice.

Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied.  Evidence of use must be made available to Barking Cat if requested, (e.g. links to images appearing on websites, photocopies of images appearing in print, etc.)

4.  Reproduction Rights

The following terms are used when describing the reproduction rights granted under license by Barking Cat to the Client:

4.1   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;

4.2   PR and Press distribution: The right to use the pictures as described in 4A plus a licence 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;

4.3  Specified Use Only: The right to use the pictures only for the purpose as described on the invoice;

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

5.  Client Confidentiality

Barking Cat will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save what may be reasonably necessary to enable Barking Cat to carry out their obligations in relation to their commission.

6.  Indemnity

The Client must satisfy themselves that all necessary rights, model releases, clearances or consents required for reproduction of people, places or items depicted in pictures are obtained.  Barking Cat gives no warranty or undertaking that these will be obtained unless agreed in writing before the photo session.

The Client agrees to indemnify Barking Cat in respect of any claims or damages or loss of profit or income or any costs arising in any manner from the reproduction without proper reproduction rights of any images supplied by Barking Cat to the Client.

7.  Applicable Law

This Agreement shall be subject to the laws of Scotland.

These terms and conditions shall not be varied unless agreed in writing by both parties.

Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead, provides “hard copy” paper work of all relevant agreements and contracts.