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://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.
Michael Thomas defines ‘Advertising’ as any place an identified sponsor (the client or their agents) pays to deliver their message through a medium. Michael Thomas defines ‘Advertising’ sites as : Outdoor Poster and Transport Advertisements; Newspaper Advertisements; Magazine Advertisements; Internet Advertisements; Television Advertisements; Mobile Device Advertisements; Cinema Advertisements; Product Packaging.
Advertising 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 vigourously 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.
These Terms and Conditions are governed by the laws of England and Wales.