PHOTOGRAPHY TERMS AND CONDITIONS

COMMERCIAL PHOTOGRAPHY

 

ACCEPTANCE

All Photographic Work undertaken by the Photographer is subject to the Terms and Conditions set out below. By accepting the Contract, the Customer agrees to these Terms and Conditions. Unless expressly agreed in writing, the Photographer will not be bound by any terms and conditions set by the Customer.

 

LICENSE GRANTED TO CLIENT

The Photographer does not accept commissions to create copyright works other than to agree to license such parts of the works so created as selected by the Photographer for presentation to the Customer.

 

COPYRIGHT

The Photographer will own the Copyright for all original work. Note: It is standard practice for professional photographers to retain their copyright. I permit (or license) customers to use their photographs for almost all purposes (but see restrictions below). By retaining copyright, I am able to use any photograph for any promotional, advertising or competition purposes - however I undertake not to use images for any purposes other than promoting my own business without the permission of the customer.

 

CUSTOMER LICENSED TO USE PHOTOGRAPHS

The Photographer licenses the Customer to use the photographs for any purpose with the following exceptions:

a) The Customer cannot on-sell or give away any photograph without permission.

b) Although minor adjustments are permitted, the Customer may not substantially alter, manipulate or distort any image without permission.

Note: photos taken for a commercial client can be used for that commercial purpose, however photos taken for another use such as editorial or personal, cannot be used for any commercial purpose with permission.

 

MORAL RIGHTS

The Photographer asserts his Moral Rights. Note: Moral Rights basically give the photographer the right to be identified as the author; the right to object to any derogatory treatment of the work; and the right to privacy of certain photos.

 

STORAGE AND BACKUPS

The Customer is responsible for the storage and backup of photographs supplied. Note: I do keep backup copies of all work undertaken but I cannot guarantee that those backups will be accessible forever.

 

PRIVACY AND PERSONAL INFORMATION

As part of creating the Photographic Work, the Photographer may collect personal information about the Customer. This information will only be used for communicating with the Customer for any purpose relating to the Photography, and will never be passed onto any other person or organisation without the express permission of the Customer.

 

PAYMENT

Payment for all invoices shall be made without deduction within the timeframe agreed.

 

LATE PAYMENT

If payment is not made by the agreed date, a reminder invoice will be sent, and if the payment remains outstanding the matter may be passed to a debt recovery company. Any invoice passed on for collection may have an administration charge of up to $100.00 (one hundred dollars) plus GST added. The customer is also liable for all costs and expenses, including debt collection fees and commissions, incurred by the Photographer as a result of the Customer’s default. The Photographer also reserves the right to charge the Customer penalty interest at the rate of 2.5% per month for the period that the amount is outstanding without prejudice to any of the Photographer’s rights and remedies in respect of such default arising from non payment on the due date.

 

OWNERSHIP

Ownership of all Photographic Works shall be retained by the Photographer until the contract price is paid in full.

 

RESPONSIBILITY FOR CONTRACTORS

Unless otherwise specified in the Contract, the Customer is responsible for all payments to all other persons or companies who supply products or services in respect of the photography. This includes any applicable fees for using any location including parks, grounds, buildings, and any other services such as hairdressers and stylists etc. Note: This provision does not include items such as photographic equipment, film, processing etc, or any other services that may be outlined in the contract.

 

CONSUMER GUARANTEES ACT

The Consumer Guarantees Act 1993 shall apply unless the Photographic Works are purchased for business purposes as described by the Act.

 

LIABILITY

Except as provided for by the Consumer Guarantees Act, the Photographer will not be liable for any loss or damage whatsoever for any material entrusted to him or to his agents or sub-contractors, and furthermore the Customer shall indemnify the Photographer against any claims by the Customer or any of its customers, servants, agents or any other persons in respect to any loss, damage or injury arising from the Photographic Works or in any respect whatsoever.

 

INDEMNITY

The Customer fully indemnifies the Photographer against any claims, costs or expenses arising out of any illegal or defamatory Photographic Work.

 

DEFINITIONS

Photographer means Graeme Bowden, professional photographer (and the company, Graeme Bowden Ltd). The Customer or Client is the person or persons contracting the Photographer. Photographic Work or Photographic Works means any photographic work including film, photographic prints, digitised images or images in any form or medium whatsoever created by the Photographer. Contract means any agreement between the Photographer and the Customer.

 

 

 

EDITORIAL & SPORTS PHOTOGRAPHY

 

Many of the terms and conditions described above do apply (particularly definitions, copyright, licensing, payment, privacy and indemnity), but please note these additional points:

 

Free Sports Photos

• Photos on the sports gallery pages can be downloaded for personal use only (see below).

• These images are downsized and have a small watermark along the bottom edge.

• A fair usage rule applies. You can't download large numbers of images.

• Full size images without watermarks as well as prints are available to purchase.

 

Personal Use

• You may use these images for your personal use only, including posting on social media.

• You cannot on-sell or give away any image, or use them for any other use including editorial, commercial or advertising purposes without permission.

• Non-professional sports clubs and organisations can also download these images to post on social media. Please note that they cannot be used for any commercial purpose without permission, and the fair usage rule also applies. I take these photos strictly for editorial use and do not have permission from any organisation, club or individual to use any image for commercial purposes. Please email me if you have any doubts.

• I always retain copyright but license individuals to use the images as described above.

 

Editorial Use

• Photos can be purchased for any editorial purpose.

• An image can be used in print publications, on the media company’s website and on their social media pages.

• Photos can be used as many times as required without any additional fees.

• Images cannot be on-sold or given to any other media group, publication, individual, or any other third-party business or organisation.

• A photo credit is usually required (for example Photo: Graeme Bowden).

• I always retain copyright but license editorial organisations to use the photos as described above.

 

Commercial Use

• Commercial means photographs used for commercial or business use. That includes, but not limited to, any commercial advertising or promotional use, commercial websites and social media.

• Sports photos are generally not available for commercial use. However please contact me if you would like to use an image and I will see if I can arrange the necessary permissions. A commercial rate may apply.

 

 

 

MY EDITORIAL POLICY

 

Editorial photography means any image taken for any news media organisation including newspapers, magazines, or any online news or media group. It includes any commissioned work and also my unsolicited freelance editorial & sports photography.

 

• I will not accept payment, nor will I pay to cover an event for any editorial purpose. Note: There can sometimes be a fine line between true editorial and commercial photography. For example I will never accept payment or pay to cover a sports event if the primary purpose is for a news outlet. However it is OK to sell an image after the event. Occasionally I am contracted by a sports organisation to cover a tournament and a payment may be accepted to cover my time and the use of all the photographs (just as a news organisation pays me for the use of an editorial image).

 

• An editorial photograph will not be used for any other purpose - for example any commercial use - without the express permission of anyone appearing in the photograph and, if applicable, the relevant sports organisation. In the case of sports photography, I do give away and sell images to individuals with the condition that they cannot on-sell or give any image to any other person, business or organisation.

 

• Generally all editorial images are taken from public land and therefore show what any other member of the public could see. Basically, the law in New Zealand is reasonably clear - anyone can take a photo from a public space that may show any other person, however it is illegal to take such a photo if that person would expect their actions to be private. A classic example is that it is totally wrong and illegal to use a telephoto lens to take a photography of somebody through their bedroom window.

 

• I generally avoid taking photographs of children, although I do cover young people’s sports events if asked and it’s appropriate.

 

• I will never digitally alter an editorial photograph. The only changes I will ever make are simple adjustments like cropping, straightening, adjusting exposure, colour balance etc. Some areas of an image may be made darker or lighter. Basically the same sort of adjustments we were able to do back in the darkroom days.