Image copyright and usage terms
Copyright is the lifeblood of any visual artist. The granting of licences for third parties to use photographs is the basis for any photographer's business. This is how I feed my child and how I pay my bond. If someone uses one of my pictures without permission, they are not just stealing the usage fee; they are potentially reducing the photograph's value, whether by repetition or by compromising any legitimate image usage deals.
Image Usage Terms
All of the images on Bridget Corke.co.za are copyright, Bridget Corke, unless otherwise credited. All rights are reserved, and no usage or reproduction of any type may be made of any image taken by or copyrighted to Bridget Corke without the express permission of Bridget Corke or one of his accredited agents.
Any usage is made under the following terms and conditions, and the use of any image, whether authorised or not, indicates a complete and unconditional acceptance of these terms and conditions.
1). Any image reproduction may only be made by paying a licence or usage fee. This licence or usage fee must be agreed in advance and express permission granted before any reproduction.
2). Bridget Corke only offers Rights Managed licences, where the fee is set depending on the usage and territory. The licence fee for any image is based upon the standard fotoQuote®
image price calculator, and we will match any price given by this calculator, subject to clauses 3 and 4 below and subject to the terms and conditions contained here.
3). We do not, as a policy, offer low-resolution web reproduction prices, prices for personal use or royalty-free images. Our minimum licence fee for any reproduction is R2 000 per photograph, per reproduction.
4). Where an image has a particular newsworthy value, exclusivity or a potential higher value for any reason, then Bridget Corke reserves the right to charge a higher licence fee than that set out in clause 2, depending on, but not limited to, prevailing market forces, and solely at his discretion.
5). There are no discussions into any variations on the above prices, re-use fees, or any volume; multiple-use or re-use discounts will be entered retrospectively or once an image has been reproduced.
6). The right to a credit is asserted Under the Copyrights, Designs and Patents Act 1998, and every image reproduction must be adequately credited. Should a client wish to reproduce any image without credit, then this may be granted in advance at the sole discretion of Bridget Corke, but at a usage fee equivalent to licence fee +100%
Should any image be reproduced without an adequate credit and prior express agreement from Bridget Corke, the usage fee will be equivalent to the licence fee +150%.
Should any image be credited to anyone else, with the intent to claim credit for any photo, or to deceive as to the provenance of any image, then the usage fee will be subject to a surcharge equivalent to licence fee +400%.
At her sole discretion, Bridget Corke may allow for a digital replica of images to be kept for internal reasons and at a fee of R1 000 per image per year. This fee does not include or convey any subsequent reproduction fees, which must be negotiated before any usage is made. 7). Any digital copies of any image must be deleted immediately once any reproduction has been completed.
8). Should the metadata of any digital image file be removed, deleted, or edited in any way. The usage fee will be subject to a usage fee equivalent to the licence fee +100%. This includes but is not limited to any digital or web reproduction or any local or internal copy of any digital image held subject to the provisions of clause seven above.
9). Bridget Corke asserts all of her Moral Rights following the Copyrights, Designs and Patents Act 1998. This includes but is not limited to the right to object to derogatory treatment of any image or body of images. The right to object to degrading treatment includes, but is not limited to, the absolute right to decide where her work is reproduced. At her sole discretion, Bridget Corke may refuse the request for any reproduction of her images, for any reason, were in her opinion, that reproduction may be deemed to imply an endorsement of or link with any product, idea or political view. Under certain circumstances, and at her sole discretion, Bridget Corke may waive this right for a usage fee equivalent to licence fee +500%
10). Further to clause nine above, the right to object to derogatory treatment includes but is not limited to the absolute right to object to the alteration or editing of any image. Consequently, no alteration or editing of any image other than cropping for publication may be carried out without Bridget Corke's express permission. At her sole discretion, Bridget Corke may waive this right for a usage fee equivalent to licence fee +300%
11). For the avoidance of doubt, any usage fees accrued under clauses 6 to 10 are accumulative, and every clause that applies will be applied in the order they appear here to every image use.
12). Any usage or licence fee applied to any unauthorised image use does not necessarily grant any rights for any continued usage of that image. At her sole discretion, Bridget Corke reserves the right to charge a usage fee for any use to date and demand the immediate removal or deletion of any image or the recall destruction of any publication including, but not limited to, any brochures leaflets, magazines or advertisements. Bridget Corke will not be liable for any losses incurred through the enforcement of this clause, and this clause does not limit or affect any of the conditions set out in this agreement.
13). Any image is used at your own risk. No warranty is offered or implied for any losses or costs of any nature incurred by any image usage. This includes any third party's charges, actions, or losses for any reason whatsoever.
14). By using any image, in any way, whether authorised or unauthorised, the user warrants and agrees to indemnify Bridget Corke for any loss or damages of any nature incurred through the reproduction of that image. This includes but is not limited to loss of reputation, loss of future work, any conflict with existing or potential image licences or existing or potential exclusivity or the costs, actions or losses of any third party for any reason whatsoever.
15). From time to time, and at the sole discretion of Bridget Corke, these terms and conditions may change. The conditions that apply to any authorised user will be when the licence is granted. The continued use of any unauthorised image indicates an acceptance of any revised terms and conditions, which will apply to the entire duration of any use.