"We" and/or "Us" means Lebrecht Photo Library. "You" means the person or entity named as client. 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).
1) The following terms and conditions apply to all users of this site and those handling any digital material obtained from this site which is www.lebrecht.co.uk.
2) By obtaining and using a Login and Password to access images on this site, you are entering into a binding legal agreement between you and Lebrecht Photo Library. If you are a freelance researcher working on behalf of a publisher, this agreement applies to you and your principal. If you do not wish to be bound by this agreement, please reply to this e-mail by return, or at the latest within 24 hours, stating that this is the case. Should this be the case, your username and password will be deleted and you will not be granted access to the database. However, downloading of any material whatsoever using the username and password will be deemed as acceptance of these terms and conditions.
3) All images and information provided on this web site are the property and/or copyright of Lebrecht Music and Arts or its suppliers. The moral rights of Lebrecht Music and Arts and all Authors of the works represented on this site have been asserted. Our licence fee covers the use of the images on an access basis as well as any reproduction licence.
4) Users to whom a Password has been issued (Authorized Users) may download high-resolution copies of the images on this site, and use them for the purposes covered in these Terms & Conditions, subject to the Terms and Conditions set out therein. In downloading a high-resolution image, you agree to be charged a download fee at our discretion, and to pay the appropriate licence fee for any use of that image according to our Terms & Conditions.
- Users wishing to obtain a Password and become an Authorized User must provide accurate information during the Registration process. - If you are an Authorized User, you are responsible for protecting the confidentiality of your Login and Password details. You may not allow others to use your login and password to access this site without written permission from Lebrecht Photo Library and you agree to take all reasonable steps to prevent unauthorised persons from obtaining your login/password details. You will be held responsible for any charges arising from downloads of material from this site by third parties using your login details, with or without your permission.
5) You must adhere to any stipulations which may be attached to downloaded images (in the IPTC information fields, readable using Adobe Photoshop's "File Info" and other types of software). These may include such warnings as "Editorial Use Only". In such a case, the use of the image for a non-Editorial purpose (e.g. merchandising, posters, etc.) is not permitted, and you undertake, by accepting our Terms & Conditions, to indemnify Lebrecht Photo Library against any legal action or other costs which may result from such an unauthorized use.
6) You may save/download low-resolution "watermarked" images from this site for evaluation and comp/layout purposes only. You may NOT use watermarked images in any final products for distribution in printed or electronic form either inside or outside your company -- i.e., you may NOT use watermarked images for making a presentation to a client -- without prior written permission from us. You may not modify or remove any visible or invisible electronic watermark. You may not redistribute or sublicense any image supplied by us or downloaded from this site.
7) Other web sites which you may access via links available on this site are not in any way controlled or endorsed by Lebrecht Photo Library, and we are not responsible for any content of those sites.
8) 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. We will then consider whether we would wish to grant a licence and, if so, on what terms.
9) No reproduction rights are granted by virtue of the download of Images unless expressly agreed in advance. 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.
10) 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 and comply with any special terms and conditions which we impose. 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. WE OWN ONLY THE PHYSICAL MATERIALS THAT WE SUPPLY AND CHARGE FOR THE USE OF THE PHOTOS ON AN ACCESS BASIS, AS DISTINCT FROM ANY COPYRIGHT FEE WHICH MAY BE ADDITIONALLY PAYABLE. IN THE EVENT OF ANY FUTURE CLAIM FROM A PREVIOUSLY UNTRACED COPYRIGHT OWNER, YOU WILL BE LIABLE.
11) 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 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, d) personal to you and not assignable by you to any third party.
12. In the event that i)you utilise any image, whether rights-managed or royalty-free, without or prior to the granting of a licence, or ii) you utilise any rights-managed image for any use other than that indicated on the invoice, including but not limited to the number of uses, the publications utilised, or the size or reproduction, Lebrecht reserves the right to seek damages through legal channels unless you agree to reimburse Lebrecht as follows. Since it is difficult to determine damages resulting from unauthorised usage, Lebrecht agrees to forgo our right to sue you for copyright infringement on the condition that you agree to pay, as liquidated damages:
i. a sum equal to ten (10) times the normal price we would have charged for such use of a rights-managed image, or ii. a sum equal to twelve (12) times the normal price we would have charged for such use of a royalty-free image.
Lebrecht will calculate a usage fee by relying in good faith on the information you provide and will issue an invoice detailing the licence granted.
If you fail to make the payment as outlined above within ten (10) days of our billing such fee, this liquidated damage provision shall be void and we reserve the right to sue for copyright infringement plus legal fees and all associated costs.
13) 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 100% of the original licence fee will be payable.
14) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
15) You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
16) You acknowledge that Images are our valuable property, as are any digital images created from the Images "( Digital Images").
17) 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 licensed by us. If permission is granted the following conditions apply:
18) 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.
19) Unless otherwise agreed, any Digital Image you create must not be greater in size than 640x480 pixels, 72 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.
20) 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.
21) 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.
22) No licences are granted until full payment of our invoice is received. However, in the case that we agree in advance to grant a licence, payment of Lebrecht's invoices must be made within thirty (30) days of its date net, without any discounts, or prior to the publication of the image, whichever is sooner. Any disputes concerning the invoice must be submitted in writing, within five (5) business days of the invoice date, or you shall be deemed to have accepted the invoice as issued.
23) 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.
24) 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.
25) 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.
26) 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.
27) Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the BPLC.
28) 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
(c) Copyright 2001 British Photographers' Liaison Committee / Finers Stephens Innocent As agreed by BAPLA.