Terms & Conditions
This web site is owned and operated by James Goodchild. All of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs images ("content") and software is owned by James Goodchild and its content providers.
All elements of this web site, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with James Goodchild, no portion or element of this web site or its Content may be copied or retransmitted via any means and this web site, its content and all related rights shall remain the exclusive property of James Goodchild or its licensors unless otherwise expressly agreed.
You shall indemnify James Goodchild, its his agents and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights.
James Goodchild does not sell or rent information about customers to any third parties. All information supplied to the photographer, including your email address and telephone number, is used for internal purposes only, in order to keep you updated with the latest news, promotions, and updated web site information. We also use your account information to personalise content and the services offered to you. Your web site activity is anonymously recorded in order to improve the functionality of the web site and our service. Any payment information submitted to James Goodchild is retained in the offline database.
The copyright laws around the world now offer statutory protection for the copyright of photographers' work except where photographers have willingly agreed to part with the copyright to a client.
All images requested and purchased through James Goodchild are offered on an individual license basis - sometimes referred to as Rights Managed Licensing. The copyright of the image is always retained by the photographer. The licenses serve to protect the rights of the photographer, the licensee and even the subject matter of the images. Rights management has advantages for the licensee as it can be used to limit the use of a particular image, even allowing the use to be licensed exclusively, which effectively embargoes the use of the same image within the requested media. When an image is licensed, there will be standard terms and conditions outlined with your specific usage rights. This will be sent to you by post or email once the license has been agreed, with the full terms and conditions.
Usage Rights. When an image is licensed by James Goodchild, the usage is specified on the invoice and cannot be used for any other purpose without further agreement by James Goodchild. The license will state the media use, language rights and the territories for the usage.
Usage Fee. A fee is generally payable to license any rights managed image. The fee is based on how the image is going to be used. This will be calculated by such factors as the print run, media, the reproduction size, and territory distribution and whether the requested use is exclusive or non-exclusive. James Goodchild will calculate this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license.
Cropping and Image Manipulation.
The rights to alter any photograph rests with the photographer. Alterations may be granted by the photographer, but it is necessary to submit a request before the image is reproduced as this may affect the terms of the license and result in an additional charge on top of any agreed usage fee.
Credit Lines. With all editorial rights managed photography, the photographer should be credited with any reproduction of their work. The credit line should read ©James Goodchild. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line.
Published Images. James Goodchild would always request at least two copies of any publication featuring an image reproduction upon publication.
Model Release. The nature of the photography on this site, does not lend itself to the obtaining of model releases or other releases. Unless specified by James Goodchild in writing, there are no model releases or other releases for any images. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold James Goodchild harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:
(a) no release was furnished by James Goodchild in writing.
(b) the use of any Image exceeds the scope of the release provided by James Goodchild.
The licensee will also indemnify and hold James Goodchild harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. James Goodchild's liability for all claims shall not exceed in any event the total amount invoiced per particular image. James Goodchild makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
Disputes and Claims
Users of the web site agree that the above terms are made pursuant to Article 2 of the Uniform Commercial Code and agrees to be bound by same. Objection to any terms must be made in writing within 10 days.