Terms & Conditions

1. DEFINITIONS

For the purpose of this agreement, “the Agency” and “the Advertiser” shall, where the context so admits, include their respective assignees, sub-licensees and successors in title. In cases where Andy Barton’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to Andy Barton’s client. “Photographs” means all photographic material furnished by Andy Barton, whether digital files, transparencies, negatives, still or moving imagery, with or without audio, prints or any other type of physical or electronic material.

2. COPYRIGHT

The entire copyright in the Photographs is retained by Andy Barton at all times throughout the world. All rights reserved.

3. OWNERSHIP OF MATERIALS

Title to all Photographs remains the property of Andy Barton. When the Licence to Use the material has expired, the Photographs must be returned to Andy Barton in perfect condition within 30 days.

4. USE

The Licence to Use comes into effect on the date the relevant invoice is paid. No use may be made of the Photographs before payment in full of the relevant invoice without Andy Barton’s express permission. Any permission granted for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is placed into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form, and its benefit shall not be assigned to any third party without Andy Barton’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, Andy Barton’s permission must be obtained before any use of the Photographs for other purposes, e.g. use in relation to another product or sublicensing through a photo library or publication archive. 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 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.

5. EXCLUSIVITY

When agreed prior to commission, the Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons, including Andy Barton. However, Andy Barton retains the right in all cases 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, including the right to publish “tearsheets” that document the context and use of the Photographs. After the exclusivity period indicated in the Licence to Use, Andy Baarton shall be entitled to use the Photographs for any purposes.

6. CLIENT CONFIDENTIALITY

Andy Barton will keep confidential and will not disclose any material or information communicated to him in confidence to any third parties or use it for any purpose other than photography, save as may be reasonably necessary to enable Andy Barton to carry out his obligations in relation to the commission.

7. INDEMNITY

Andy Barton agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims, and legal costs arising out of any failure by Andy Barton to obtain any clearances for which he was responsible in respect of third-party copyright works, trademarks, designs or other intellectual property. Andy Barton shall be responsible only for obtaining such clearances if expressly agreed before the shoot. In all other cases, the Agency shall be responsible for obtaining such clearances and will indemnify Andy Barton against all expenses, damages, claims, and legal costs arising from any failure to obtain such clearances.

8. PAYMENT

Unless otherwise specified, the Agency will be expected to pay for the commissioned work within 14 days of the relevant invoice being issued. If the invoice is not paid in full within 14 days, Andy Barton reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt Act 1998 from the date payment was due until the date payment is made. Any publication of photographs in breach of Andy Barton’s copyright, including the publication of non-commissioned work without a licence and commissioned work published beyond the terms of an agreed licence, will be charged a fee of £1,000 for each and every infringement.

9. CANCELLATION & POSTPONEMENT

A booking is considered firm as of the date of confirmation. Andy Barton will, at his discretion, charge a fee for cancellation or postponement of up to 50% of the applicable fee if more than 48 hours' notice is given, and up to 100% if less than 48 hours' notice is given.

10. RIGHT TO A CREDIT

Andy Barton’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). Andy Barton also asserts his statutory right to be accurately 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. 

11. ELECTRONIC STORAGE

Save for the purposes of reproduction for licensed use, the Photographs may not be stored in any form of electronic medium without the written permission of Andy Barton. Manipulation of the image or use of only a portion of the image may only take place with the permission of Andy Barton.

12. ARTIFICIAL INTELLIGENCE

No right has ever been, is now or will ever be granted for the collection, scraping, gathering, scanning or any use of any work by Andy Barton in the training, configuring, learning, generation, output, inclusion or any purpose in any Artificial Intelligence database, programme, platform or technology known now or in the future. Any use of any work created by Andy Barton without Andy Barton’s specific and express permission is forbidden.