TERMS AND CONDITIONS
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 the artist'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 the artist's client. "artwork" means all artworkic material furnished by the artist, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material.
The entire copyright in the artwork is retained by the artist at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all artwork remains the property of the artist.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the artwork before payment in full of the relevant invoice(s) without the artist's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put 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 the artist's permission. Accordingly, even where any form of 'all media' Licence is granted, the artist's permission must be obtained before any use of the artwork for other purposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the artwork for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the artwork will be subject to these terms and conditions.
The Agency and Advertiser will be authorised to publish the artwork to the exclusion of all other persons including the artist. However, the artist retains the right in all cases to use the artwork in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the artist shall be entitled to use the artwork for any purposes.
6. CLIENT CONFIDENTIALITY
The artist will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the artwork, save as may be reasonably necessary to enable the artist to carry out his/her obligations in relation to the commission.
The artist agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the artist to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The artist shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the artist against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Iconic Reserve reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 2002 from the date payment was due until the date payment is made.
Where extra expenses or time are incurred by the artist as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the artist's normal rate to the artist in addition to the expenses shown overleaf as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the artist will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
If the box on the estimate and the licence marked "Right to a Credit" has been ticked the artist's name will be printed on or in reasonable proximity to all published reproductions of the artwork.
13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the artwork may not be stored in any form of electronic medium without the written permission of the artist. Manipulation of the image or use of only a portion of the image may only take place with the permission of the artist.
14. APPLICABLE LAW
This agreement shall be governed by the laws of the UK
These Terms and Conditions shall not be varied except by agreement in writing.
James Taylor has worked as a commercial artist for many years. He creates beautiful and intricate digital impressions for some of the world's most iconic brands whilst surreptitiously producing images for his own and the public's enjoyment. To James, the 'texture' of the art is as crucially important as the art itself and contributes to the ownership experience, with each limited edition piece being signed by the artist himself. More…
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