This is where I answer some of the common concerns about copyright, and explain how it works to your benefit. Before we start, it’s important to say that it’s extremely rare for issues about copyright to come up. But when they do, it’s up to me to sort them out – which means you don’t have to spend valuable time wrapped up in legal wrangling.
If, after reading this section, you have any questions, please feel free to get in touch. And please bear in mind that I reach individual agreements with every client, so treat the section below only as a general guide.
Who retains copyright?
The short answer is: I do. But I know your business will probably need to use the pictures for a wide range of purposes, so that’s reflected in my fee. That means I won’t contact you – and you don’t have to contact me – every time you place a photo on your website, in promotional material, on internal communications, in brochures or anywhere else. As long as you’re only using the images to promote your business, it’s all included in the original fee.
Please don’t share!
While I’m happy for you to use the images I’ve taken however you like for your own business purposes, I do ask that you don’t share them with other organisations for their communications or PR without checking with me first. If you and another business or organisation are sharing the photos for joint publicity, let me know. We’ll work something out to cover that.
Press releases
I understand that when you’re sending out a press release, you want the target publications to be able to publish the images for free. That’s fine – my copyright means the publications may only use that image in conjunction with that press release. It also means that if they don’t comply, you don’t have to sort it out.
Using my pictures
All pictures are issued under a general PR license unless otherwise stated. That means you can use them for general press promotions, leaflets, posters, point of sale materials, web and direct mail, among other things. Above-the-line promotion (eg paid for advertising) is not included. I reserve the right to use any pictures produced by me for promotional purposes.
Why do I retain copyright?
It’s as much for your benefit as mine. It means the responsibility for policing the images and making sure they’re not misused by anyone else is on me. So you know exactly how you can and can’t use the images, and you don’t have to worry about protecting them – that’s still my job.
The legal stuff
All photographs are copyright protected and cannot be used or reproduced in any way without permission. Most digital images on this website are available for commercial licensing direct from Iain McLean. If you are interested in buying a picture license you can submit a purchase enquiry via the contact page. Your enquiry will be processed as soon as possible.
If you cannot find a photograph that is suitable for your needs on the website, get in touch. I have a large number of images held in private archive.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the photographs before payment in full of the relevant invoice(s) without the photographer's express permission.
Terms and Conditions
1. DEFINITIONS
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 Photographer'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 Photographer's client.
"Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other
type of physical or electronic material.
2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs
must be returned to the Photographer in good condition within 30 days.
4. USE
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs
before payment in full of the relevant invoice(s) without the Photographer'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 Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the
photographer's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or
sublicensing through a photolibrary. Permission to use the Photographs 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 Photographs will be subject to these terms and conditions.
5. EXCLUSIVITY
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the
Photographer. However, the Photographer retains the right in all cases to use the Photographs 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 Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
The photographer 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 photography, save as may be reasonably necessary to enable the Photographer to carry
out his/her obligations in relation to the commission.
7. INDEMNITY
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of
any failure by the Photographer 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 Photographer 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
Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT
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 The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of
Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
9. EXPENSES
Where extra expenses or time are incurred by the Photographer 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
Photographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
10. REJECTION
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 Photographer 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 Photographer's name will be printed on or in
reasonable proximity to all published reproductions of the Photograph(s). By ticking the box overleaf the Photographer also asserts
his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or
any amendment or re-enactment thereof.
13. ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium
without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take
place with the permission of the Photographer.
14. APPLICABLE LAW
This agreement shall be governed by the laws of Scotland
15. VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.