All photos are copyright ©1981-2005 PHOTOSPORT.COM. All Rights Reserved.
We supply one-time editorial reproduction rights to our photos.
NOTE: Photos of organized sports may not be used for commercial, advertising or promotional purposes without the consent of the organization, photographer and the athlete(s) or agent or parent (where applicable) thereof. IF YOU DO HAVE commercial needs, photos may be shot to your exact specifications and supplied to you with model release. Contact us for further information for your advertising requirements, or click here for a basic usage primer. Here is a list of our model released images in stock.
We must have a signed copy of this document before you can use PHOTOSPORT images. This is a legally binding agreement worldwide.
Overview of Terms (Please refer to superior full text below)
1. We supply the right to publish photos. You do not purchase copyright of photo.
2. Rights are non-exclusive, unless you make other arrangements with us.
3. Failure to run picture with copyright notice subjects you to a loss charge.
4. It is your responsibility to clear model releases where applicable.
5. If you are using photos commercially, it is your responsibility to secure permissions with athletes and company (logos) involved. PHOTOSPORT does not sell commercial rights except for photos commissioned with sports models (these come with model releases).
Prohibited Uses. The following usages are strictly prohibited and will be immediately prosecuted. These prohibitions apply to pictures, photos, electronic files, thumbnails or derivatives of images from PHOTOSPORT.
1. Advertising. These photos shall not be used for any promotional purpose including advertising, except as excepted above.
2. Pay websites. These photos shall not be used to promote a pay website or be used within or behind any page which requires payment to access or proceed.
3. CD-ROM collections or other electronic archives. No PHOTOSPORT image is authorized for collecting or archiving to any CD-ROM, other large-capacity electronic media, known or not yet known, or website, whether for sale or not. Any CD-ROM containing PHOTOSPORT images is pirate and unauthorized.
TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF PICTURES
1. In this Agreement the terms (a) PICTURE includes a photograph, transparency, negative, electronic picture file, 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, altered or not, whether by printing, photography, internet, slide projection (whether or not to an audience), xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage, or by any other means; (c) DATE FOR RETURN is the date by which the physical pictures must be returned as specified on the delivery note. If no date is specified, the Date for Return shall be four weeks from the date of the delivery note or if an invoice is rendered for reproduction rights, 12 weeks from the date of such invoice. If the picture(s) is supplied electronically, the date of return is the date the picture file must be removed from your electronic storage; (d) AGENCY refers to the PHOTOSPORT agency; and (e) LEGITIMATE MASS MEDIA refers to such media with a large, anonymous audience, generally available, and issued on a regular, pre-determinable schedule.
2. No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties.
3. Pictures are supplied on LOAN and no property or copyright in any pictures shall pass to the Client whether on its submission or on the PHOTOSPORT's grant of reproduction rights in respect thereof.
4. A non refundable service fee to cover administrative costs and dispatch of pictures is payable by the Client on each submission and resubmission of pictures whether or not reproduction rights are required or granted. The Client shall pay for courier, express or any other special delivery arrangement requested.
5. (a) Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on PHOTOSPORT's invoice and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only. (b) Reproduction rights are not granted exclusively to the Client except when specified on the invoice. (c) 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. (d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied. (e) Aerial photographs attract a 20% surcharge on the usual fee.
6. PHOTOSPORT's delivery note will list all the pictures delivered to the Client, which shall be presumed to have been received in good condition, unless within 3 days of receipt the PHOTOSPORT receives notification of any discrepancy or damage.
7. (a) Risk in and responsibility for pictures passes to the Client from the time they are received until their safe return. The Client shall immediately inform PHOTOSPORT in writing of any known loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within 12 weeks of the date for return, PHOTOSPORT may in its sole discretion presume it to be lost. (b) The Client shall be liable to pay compensation to PHOTOSPORT in respect of each picture lost or damaged (1,500 U.S. dollars). The loss or damage of color or monotone prints or duplicate transparencies for which there are available originals shall also be the subject of compensation, but at a different level. PHOTOSPORT may also specify in writing at the time of the loan a different compensation figure for loss or serious damage to certain pictures. Payment of compensation does not give rise to any rights in any picture. These figures have been assessed by PHOTOSPORT and are a genuine pre-estimate of the financial loss (mostly future earning power of image and location photography) which would be suffered if such a picture were to be lost or damaged. The Client is urged to take out insurance to cover the total value of the pictures delivered. (c) A picture subsequently found must be returned immediately. If it is undamaged PHOTOSPORT may, at his/her discretion, credit the Client with compensation less tax paid, less percentage fees paid to agents, less rental (under Clause 10) and PHOTOSPORTs fees, up to 20 months after the first reported loss. Any other compensation paid to PHOTOSPORT is not subject to any credit.
8. Any picture returned without its mount or with its caption or other mount data missing or defaced, may incur a replacement charge (US$100). Any picture which has had its security sleeves opened, despite the warnings, and without authorization, will incur a fee of US$120. Any picture which has been scanned without authorization will incur a scanning fee of US$120.
9. The Client must return every picture to PHOTOSPORT by its date for return by any method affording proof of delivery and insured to the relevant level of compensation cover. Adequate protection must be given to pictures in transit. A delivery note listing and totalling the returned pictures must be enclosed, and an advice in writing with this same information sent by separate post.
10. Unless otherwise agreed each picture may be held by the Client rental-free until its Date for Return, and thereafter the Client shall be liable to pay a rental fee (US$5) per picture per day or part thereof pending its return. Payment of the rental fee does not entitle the Client to retain the picture after the Date for Return.
11 (a) Until PHOTOSPORT has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby PHOTOSPORT is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment, the Client requests cancellation of the reproduction rights PHOTOSPORT may in its discretion cancel subject to the Client paying a cancellation fee. (b) The Client's right to reproduce a picture arises only when PHOTOSPORT's invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling PHOTOSPORT to rescind the Agreement and rendering the Client liable for the payment of damages. (c) The Client agrees to indemnify PHOTOSPORT in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by PHOTOSPORT.
12. (a) PHOTOSPORT's invoice shall be paid within 30 days of issue save in the case of newspaper, periodical and broadcasting clients where payment shall be made no later than the end of the calendar month immediately succeeding publication or use. (b) If payment is not made in accordance with (a) above then PHOTOSPORT may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.
13. On the Client's death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Bankruptcy being made against it, or if a Receiver is appointed, PHOTOSPORT may at any time thereafter inspect any records, accounts and books relating to the reproduction of PHOTOSPORT's pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
14. (a) Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by PHOTOSPORT the reproduction fee payable by the Client shall be subject to an increase (50% of original fee). (b) (UK Only) The Author has asserted his Paternity Right to a credit in accordance with sections 77 and 78 Copyright, Designs and Patents Act 1988. He also asserts his moral rights as owner of his images, and those which he represents.
15. (a) Electronic use, storage or transmission of images is forbidden without the express written permission of PHOTOSPORT. (b) The client will provide any information reasonably requested regarding anti-piracy measures.
16. Pictures shall not be copied, reloaned or otherwise disposed of and no use whatsoever shall be made of them by the client without prior written consent of PHOTOSPORT, nor shall the image be altered or manipulated, added to, or have any part deleted without the prior written consent of PHOTOSPORT.
17. In the case of printed publications, two copies of the relevant pages containing any picture supplied are to be furnished to PHOTOSPORT by the client free of charge within two weeks. In other media, evidence of use must be made available if requested.
18. While PHOTOSPORT takes all reasonable care in the performance of this Agreement generally, PHOTOSPORT shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption, however occasioned.
19. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that PHOTOSPORT gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is used or reproduced by or with the authority of the Client then the Client shall indemnify PHOTOSPORT against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
20. PHOTOSPORT sells to clients representing the editorial interests of legitimate mass media as defined in (1) above. PHOTOSPORT reserves the right to make the final determination in specific cases.
21. If any use of the images supplied shall give rise to publication right (as defined in the draft Publication Right and the Duration of Copyright and Rights in Performances Regulations 1995) or to any similar rights in the United Kingdom or in any other country those rights shall belong exclusively to PHOTOSPORT. The Client undertakes to do all such things and to procure that any third parties in whom such rights may otherwise vest do all such things and sign and execute all such documents as may reasonably be required to vest all such rights exclusively in PHOTOSPORT.
22. This Agreement shall be construed and enforced in accordance with US Copyright Law. The venue for any action or proceeding with respect to this Agreement shall be San Diego, California.
23. The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions thereof, and in any such occasion this Agreement shall be construed in all respects as if such invalid or unenforceable provision was omitted.
Client's signature___________________ for (firm) ___________________ Date ________
All photos and content copyright © 1981-2008 PHOTOSPORT.COM. All Rights Reserved. PHOTOSPORT and the Photosport Telephoto Lens Logo are registered trademarks of Photosport.com.
23 NOV 2004