FELIX ZASKA IMAGES – COPYRIGHT TERMS AND CONDITIONS
“WE/US” stands for Felix Zaska trading as Felix Zaska photography
“IMAGE” stands for any item which may be offered for the purposes of reproduction.
FELIX ZASKA COPYRIGHT
The websites www.egallery.ie and www.igallery.ie. are registered to Felix Zaska and all matters pertaining to sales transactions, supply, license use and copyright of the images on the above websites must be agreed with Felix Zaska as set out below under License for use of images. The copyright of all Felix Zaska digital images / photographic prints belongs to and remains with the artist / photographer Felix Zaska at all times. No Felix Zaska digital images / photographic prints may be copied, re-scanned, re-photographed, downloaded, or given to third parties without the written permission of Felix Zaska. For more details on licensed use and copyright for Felix Zaska images please see terms and conditions listed below.
SUPPLY OF IMAGES IN DIGITAL FORMAT
You acknowledge that images are our valuable property, as are any digital images created from the Images (“Digital Images”). You agree to destroy all digital images including any pre-press or pre-production copies of the Images and any copies or records of the Images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, or expiry of the licence term, whichever is later.
COPYRIGHT LICENCE FOR USE OF PHOTOGRAPHIC FILM AND DIGITAL IMAGES
The reproduction by whatever means of the whole or any part of any image (in particular but without limitation, electronic use, storage or transmission, slide projection, artists reference, artists illustration, layout or presentation of images) is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an Image is intended to be used. We will then consider on what terms we will grant a licence.
Felix Zaska image licenses :
ROYALTY MANAGED – non exclusive image reproduction rights for single one time use in the specified territory and timeframe. A single use means a reproduction in one size for one edition of a single print or digital media publication, published in one language only.
LIMITED EDITION PRINTS OF 17 – supply is restricted to a signed edition of 17 prints in total regardless of size, type of print media, territory or timeframe. RM licensing rights for digital images of the above ‘limited edition print images’ for use in advertising, publishing or digital media may be negotiated only by special contract with Felix Zaska.
Felix Zaska images – License and copyright terms and conditions :
- No reproduction rights are granted by virtue of delivery of Images unless expressly indicated (In this context please note the ongoing and widespread copyright piracy). Your right to reproduce an Image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction without licence of any Image supplied to you.
- You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and the use of any image is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur from use of any Image supplied to you.
- Reproduction rights (if granted), unless otherwise agreed in writing are
a) subject to these terms and conditions and any terms and conditions set out in the licence,
b) non-exclusive reproduction rights for single use in the specified territory. A single use means a reproduction in one size for one edition of a single publication, published in one language only,
c) strictly limited to the use, period of time and territory stated in the licence,
d) personal to you and not assignable by you to any third party.
- If we agree that you may license the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author.
- You must credit us and the author as specified by us every time an Image is used. If you fail to credit the Image an additional 25% of the original licence fee will be payable.
- Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
- You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
- While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.
- You must pay our invoice within 30 days of issue. However in the case of newspaper, periodical and broadcasting use only, if we agree in advance, you may pay by the end of the calendar month immediately invoice, whichever is sooner.
- If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate of 2.5% per month from the date payment was due until payment is made.
- Any licence granted will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed; or (c) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
- Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
- These Terms and Conditions shall be governed by the laws of Ireland and the parties agree to submit to the non-exclusive jurisdiction of the Irish courts.