This page is about commissioning new work. Click this link for previously commissioned photos.
Why pay for a photographer? After all, the world is awash these days with huge online catalogues of photos from which to choose. Quite simply, when you ask me to produce photos specifically for you, that's what you get. You draw on my expertise to deliver what you want. The images are licensed for you to use, safe in the knowledge that the same pictures won't appear in someone else's website or expensively printed brochure (possibly promoting the same thing as you - or, almost as bad, something totally different).
The first step is to phone or e-mail to talk through what you have in mind. I then send a Confirmation of Commission which sets out what we have agreed in plain English, along with my charges. That is underpinned by this standard legal basis on which you commission any photographs from me:
TERMS AND CONDITIONS FOR COMMISSIONED WORK
For the purpose of this agreement "the Client" shall where the context so admits include their respective assignees, sub-licensees and successors in title. "Photographs" means all photographic and other artistic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material.
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. Where the work involves the supply of prints, ownership of the prints shall transfer to the Client only after the agreed payment has been made in full.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. The Licence applies only as stated on the front of the Confirmation of Commission and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes e.g. in relation to another product or sublicensing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
If the Licence to Use is Exclusive, the Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in any case to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his work. After the exclusivity period indicated in the Licence to Use, the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his obligations in relation to the commission.
The client shall be responsible for obtaining clearances in respect of third party legal or regulatory obligations, copyright works, trade marks, designs or other intellectual property, and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. The Photographer shall be responsible for obtaining such clearances only if this has been expressly agreed in writing before the shoot.
Payment by the Client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days the Photographer reserves the right to charge interest at the rate of 2.5% per month (or part) from the date payment was due until the date payment is made.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, the Client shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses shown in the Confirmation of Commission as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION AND POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his discretion, charge a fee for cancellation or postponement.
12. FORCE MAJEURE
The Photographer shall not be liable for any failure in the performance of any of his obligations caused by factors beyond his reasonable control.
13. RIGHT TO A CREDIT
If "Right to a Credit" is affirmed on the Licence to Use, the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By ticking the box the Photographer also asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
14. APPLICABLE LAW
This agreement shall be governed by the laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.