Adrian Lambert is the ‘photographer’, an employee of ‘Adrian Lambert Photography Ltd’ (ALP). ‘ALP’ is the supplier of Adrian Lambert’s photographic services and the usage licences that are required to reproduce his images. The ‘photographs’ or ‘images’ are the digital files created by Adrian Lambert that comprise the commission. The ‘commission’ is the photographic task assigned to ALP. The ‘agency’ is the company/person or body from whom ALP receives the assignment brief and to whom invoices are addressed. The ‘client’ is the company/person or body that will engage the agency as their proxy, and will be the assignee of the usage rights.
The client will be licensed non exclusive usage rights to use the commission photographs for the purpose of their own publicity including: portfolios, prospectuses, press releases, social media posts, newsletters, websites, intranet sites, brochures, leaflets, fliers, exhibitions, bids, site hoardings, presentations, office displays, trade fairs, catalogues, calendars, annual reports, trade awards and competition submissions.
NOT ADVERTISING – rates for advertising use can be quoted for on an individual use basis.
A temporary licence is granted to the client upon delivery of the photographs. The temporary licence expires on the due date of any invoices due for the commission. A full licence is automatically granted upon timely payment.
The client assigns to the photographer unrestricted rights to branding, designs, and/or property owned or managed by the client and/or their agency, depicted in the commission photographs, for purposes limited to self promotion and the licensing of image rights to third parties.
The non exclusive usage rights include an optional three month period of exclusivity excepting for the photographer's self promotion.
Unless otherwise agreed in writing prior to the time of assignment, the client and their agency are solely responsible for satisfying themselves that all relevant consents and releases pertaining to models, branding, designs, and/or property depicted in the commission photographs have been obtained prior to reproduction. ALP and its employees offer no warrantee or undertaking that such rights have been or will be obtained.
Under certain circumstances a camera operator may be subcontracted, for example when a specialist skill such as drone photography is required. Under such conditions Adrian Lambert will direct the camera operator.
Third Party Use.
Images may not be supplied to, used, reproduced, or published by any third party, in any media worldwide, without the written consent of the photographer.
Third parties would typically include: clients (of the ‘client’), consultants, contractors, suppliers, magazine/book publishers, or any other company/person or body, not named as the client or their agency, in writing, at the time of assignment or named on the licence.
Any third party wishing to use a commission photograph, in any form, must be directed back to the photographer so that licensing fees can be discussed and a usage licence arranged.
These terms are written in the UK and as such all contracts will be written, conducted, and ruled under the UK's laws.
ALP will carry current public liability and employee indemnity insurance.
Any and all liability will be limited to the invoiced amount.
These terms may change without notice.
Co-commissions are welcomed with the additional licence being granted for a fee of a percentage of the total commission fee for a single licence.
All commission photographs will be archived securely on and off site in compliance with General Data Protection Regulations. Duplicates of the originals can be supplied to the client or their agency upon request.
The temporary and full licences will take the form of text embedded as image metadata into all photographs supplied by ALP.
Image information such as the usage licence, but also capture time and location, recognisable people depicted, the contact details of the photographer, and a brief description of the image as part of the wider commission will be embedded as metadata text into each image captured and supplied, in compliance with XMP and IPTC standards. This information is often removed when derivative images are created from the originals using professional image manipulation or digital asset management software, for the purposes of efficiency when being digitally served over slower networks such as the internet. Care should be taken to ensure this metadata is preserved in the derivative images to prevent licensed images from being used illegally by third parties.
Unless otherwise requested prior to delivery, the images will be optimised for use in print therefore supplied as JPEG digital image files using the AdobeRGB colour space at the highest resolution available with compression levels set to preserve image quality.
ALP will gain consent from the agency and/or client before licensing commission photographs to third parties wherever possible. ALP will not at any time licence or sell commission photographs to stock agencies.