(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
(c) the Photographer (otherwise known as K.Lanier Lewis, Issa Khari and/or commissioned photographer for Issa Khari Photography) is the Author of the photograph or the Photographer.
(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) ISSAKHARI PHOTOGRAPHY administers the licensing of the works of the Photographer, K. Lanier Lewis
(f) These terms and conditions represent the entirety of the agreement between ISSAKHARI PHOTOGRAPHY and the Client. Any variation is only applicable when agreed in advance and in writing;
(a) The entire copyright in the pictures is retained by the Photographer, Issa Khari at all times throughout the world and is administered by ISSA KHARI PHOTOGRAPHY;
(b) Title to all photographs remains the property of the Photographer;
(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(d) The Photographer, as administered by ISSAKHARI PHOTOGRAPHY, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on ISSAKHARI’s grant of reproduction rights in respect thereof;
(e) K. Lanier Lewis asserts both his moral right to be identified as the author of his work
(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by ISSAKHARI any fee payable by the Client shall be subject to an increase specified by ISSAKHARI, and in any event an increase of not less than 25%.
(g)
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by ISSAKHARI;
(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on ISSAKHARI PHOTOGRAPHY’ invoice. An agreement must be reached with Northlight Images before the pictures are used for a different purpose or after the licence to use has expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;
(f) High-resolution photographs are for The Client’s personal printing needs only. In the case of submission to publication, low-resolution photographs bearing The Photographer’s logo must be used. The Client does not have permission to distribute high-resolution photographs to anyone at anytime. The Client has permission to publish said low-resolution photographs on their own personal social media sites, such as Facebook and Instagram. The Client may not distribute or publish photographs, in digital or print form, on any other website or publication without permission from The Photographer, in writing. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
(g) ISSAKHARI reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to ISSAKHARI free of charge within two weeks. In other media, evidence of use must be made available if requested;
(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, ISSAKHARI PHOTOGRAPHY may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
The Photographer and Northlight Images will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Northlight Images to carry out their obligations in relation to the commission.
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