The Dobson Agency

Please ensure that you have read our terms and conditions before using this website. Your use of this website confirms acceptance of our terms and conditions, and as such confirms that you agree to be bound by the terms and conditions of this Agreement.

  1. Definitions In this Agreement, the terms (a) picture includes a photograph, digital image, digital scan, transparency, negative, design, artwork, print, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: (b) reproduction includes any form of publication, issuing 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 Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
  2. Copyright (a) The entire copyright in the pictures is retained by the Dobson Agency’s photographers at all times throughout the world. (b) No property or copyright in any picture shall pass to the Client whether on its submission or in Dobson Agency’s grant of reproduction rights in respect thereof. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied. (c) The Client shall not knowingly cause or allow the reproduction or broadcast of a picture that has been manipulated unless that photograph is clearly labelled as such or written permission has been granted by Dobson Agency. Manipulation does not include normal dodging, burning, colour balancing, spotting, contrast adjustment, cropping and obvious masking for legal or safety reasons.
  3. Right to a credit All Dobson Agency photographers assert all moral rights under the Copyright Designs and Patents Act 1988. The right to be identified as the author of the pictures and the right to a credit is asserted in accordance with Sections 77-79 of the CDPA 1988. Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Dobson Agency, any fee payable by the Client shall be subject to an increase specified by Dobson Agency, and in any event an increase of not less than 25 per cent. Credit should be © ‘Photographer’ / Dobson Agency.
  4. USE Reproduction rights by the Client arise only if (a) licence terms are agreed in writing and are strictly limited to the use, territory and period of time specified on the confirmation of booking (Commission) form. (b) Any reproduction prior to payment of the invoice or outside the terms of any licence terms agreed in writing constitutes an infringement of copyright and written agreement must be reached with Dobson Agency prior to any use of the whole or part of any picture prior to payment of the invoice, outside the agreed licence terms or after the licence to use has expired. (c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture or part of, 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) Dobson Agency reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client. (e) The Client may not create, store or transmit digital pictures without permission except so far as is incidentally and wholly necessary to the process of producing items under the agreed licence terms. If permission is granted, each digital image stored by you shall be recorded and labelled with the image reference number used by Dobson Agency and our copyright credit information as an integral part of the picture file, and held on an electronic database under the Client's sole possession and control.
  5. Indemnity (a) Whilst Dobson Agency takes reasonable care in the performance of this Agreement, Dobson Agency shall not be liable for any loss or damage suffered by the Client or any third party arising from the use or reproduction of any picture or its caption. (b) The Client agrees to indemnify Dobson Agency in respect of any claims or damages or any costs arising in any manner from the reproduction without agreed reproduction rights of any picture or part of, supplied to the Client by Dobson Agency.
  6. Payment (a) A booking is considered firm as from the date of confirmation. (b) If a confirmed booking is subsequently cancelled by the Client, a cancellation fee will be charged to the Client according to the following schedule. When the Client cancels a booking within two weeks of any confirmed date, a fee of 25% of the booked time rate will be charged. When the Client cancels a booking within one week of any confirmed date, a fee of 50% of the booked time rate will be charged. Additionally, the Client will be charged for any expenses already incurred by Dobson Agency, including time and mileage. (c) Payment terms are strictly 30 days from date of invoice by cheque made payable to "Dobson Agency" or preferably by BACS (Bankers Automated Clearing Services). BACS details will be supplied with our invoice. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment of commercial debts act if we are not paid according to agreed credit terms. (e) The Late Payments of Commercial Debts (Interest) Act 1998, interest on overdue debts will be charged at 12% pa (base rate +8%). In addition and in accordance with European Directive 2000/35/EC a single debt recovery fee of £40-00 will also be charged.
  7. Electronic storage Save for the purposes of reproduction for the licensed use(s) the client agrees not to store photographs in any form of electronic medium without the written permission of the Dobson Agency. Any manipulation of the image or use of only a portion of the image may only take place with the permission of the Dobson Agency. Clients agree to ensure that good care is taken of the photographs and will ensure that adequate back up systems are in place. Any loss, damage or corruption of photographs and any associated retrieval or re-shoot costs will be the responsibility of the Client and not the Dobson Agency.
  8. Rejection Any queries relating to the Pictures or the invoice must be raised immediately upon receipt. Unless a rejection fee has been agreed before work has been created pictures cannot be rejected for reasons of style, quality, composition or editing.
  9. Expenses Where any extra expenses or time are incurred by Dobson Agency as a result of changes 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 Dobson Agency rate in addition to the fee shown on the commission form.
  10. Discount Any discount made by the Dobson Agency will be automatically revoked and the full amount charged on all invoices not paid within the specified 30 days as mentioned in 6 (c).
  11. Law These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts.
  12. Variation These terms and conditions shall not be varied except by agreement in writing.
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