Terms & Conditions




Before entering into an agreement with Michael Thomas to undertake work on your behalf it is important to understand copyright and usage licence. 

If you are new to commissioning we recommend the advice given by the Association of Photographers. It can be found here: http://www.the-aop.org/information/copyright-4-clients/faqs


Copyrights of all images supplied by Michael Thomas always remain with Michael Thomas, unless otherwise negotiated and express permission given in writing to assign copyright to the client.
The following types of licence will be negotiated before publication:

PRESS

International Press ( including digital editions)  

Press (including digital editions) – Newspapers, Magazines, trade, consumer, local and national

National Press (including digital editions) Excluding Advertorial – Newspapers, Magazines, trade, consumer.

Advertorial 

OOH / Out of Home 

Ambient 

Posters – incl. digital poster – Printed and digital media including 96/48/16/12/6/4 sheet, digital poster sites, escalator panels

Direct Mail 

Brochures / Catalogues

Annual Reports/ Internal Corporate Communications

Collateral

PR 


DIGITAL

Posters 

Moving Image - Usage does not grant rights of any subsequent still images generated from moving imagery supplied.

Internet Advertising

Mobile devices 

PR 

Social Media 

TV

Web Banners 

Worldwide Web 

Electronic Direct Mail 


RETAIL

POS (Point of Sale) In-store, Point of Purchase and FMOT 

In-store posters 

Packaging 

Marketing Aids 

Retail Building Banners / Wraps / Hoardings (not Inc. in POS).

Merchandising 

Music Release & Marketing 

Music – PR – Press Packs

Music – Artist Promotion 

Book Release & Marketing


TV & CINEMA

Advertising End Frames

As Content ( Not Advertising)

TV or Cinema Commercial

Ident

Licences can be negotiated, but the client must sign an agreement prior to publication. 

Publication without a signed agreement would constitute a breach of copyright and would be vigorously pursued by Michael Thomas.
The client must inform Michael Thomas of their proposals for image use. Michael Thomas will then grant a licence based in good faith on the client’s information.
No reproduction rights are granted on delivery of images alone.

The client’s right to reproduce an image arises only if licence terms are agreed and signed off and any 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.
The client must ensure that consents which may be required for reproduction are obtained from all parties and that the use of any image is not libellous or unlawful. 

The client accepts responsibility for any claims or damages, costs or expenses, arising from reproduction of content, names, text, people, trademarks or copyright material within images supplied by Michael Thomas.
Usage is strictly limited to the end use, period of time and territory stated in the licence.
Usage is specific to the client and may not be assigned by the client to any third party.
The client may not copy, store or transmit images without permission except according to the licence agreement.
Copies of each digital image created by the client must be recorded and labelled with the original copyright credit information as an integral part of the image file.
The client agrees to destroy all image files and any copies of the images held on expiry of the licence.
Licences will terminate immediately if the client dies, ceases trading, enters into voluntary or compulsory liquidation or has a receiver appointed.


PAYMENT

Unless specifically stated to the contrary and agreed in writing by both parties, conditions for images submitted for publication are as follows: 

Payment on submission; One use; Non-exclusive; Copyright (all rights reserved) remains with Michael Thomas. Separate fees and charges for syndication and internet usage (in whole or part) by separate and specific agreement.

Payment terms: 30 days from final image delivery.

Any balances not settled within the statutory 30-day period are liable to interest charged at 8 per cent above base rate under the Late Payment of Commercial Debts (Interest) Act 1998 (amended March 2013), plus a fixed fee for administration costs.

These Terms and Conditions are governed by the laws of England and Wales.