All photographs and content of this website are the copyright of photographer Michael Wlach © 2016-2020.
These may not be reproduced, copied or manipulated in any way or for any purpose without the written consent of photographer Michael Wlach.
If you want to use any of the images on this site, they may be available for licencing but this must be negotiated prior to any use with photographer Michael Wlach.
Copyright
COPYRIGHT gives a photographer the right to control the ways in which their photographs may be used protecting them against the unlawful usage and unauthorised reproduction of their works.
Knowing the legal position on how and when images can be used is essential for both professional photographers and their clients.
The copyright in a photograph belongs to the person who took it under the Copyright Designs & Patents Act 1988. This means that clients may only use photographs taken by a professional photographer in ways that have been agreed at the time they were commissioned.
If further uses are required at a later date, permission must be sought from the copyright holder and an additional fee agreed.
Copyright offers protection against unauthorised reproduction of the photographs and entitles the owner to economic benefit from this.
For this reason, it is essential that clients specify the uses to which images will be used – preferably in writing – when briefing the photographer and requesting a quotation. This agreement then forms part of the contract. The contract should cover how the work will be used, where (geographically) it will be used and for how long it will be used.
As stated above, under the UK Copyright, Designs and Patents Act 1988, copyright in any photograph automatically belongs to the photographer. Similar laws also apply in other countries.
Copyright can be assigned to another person or company, but only if the photographer Michael Wlach is in agreement. Assignment of copyright will be in writing, otherwise all copyright remains with the photographer Michael Wlach under the Copyright Designs & Patents Act 1988.
It should be noted that while the client who commissioned the work may hold onto it, the photographer, being the copyright owner, has a clear right of access to the material.
When you commission photographer Michael Wlach to do work on your behalf the copyright to the images remains with the photographer.
Licensing
Licensing allows photographers to keep the copyright in their work whilst giving their clients the freedom they need to use their photography in a range of contexts. A licence specifies the precise circumstances under which photographs may be used.
Once the licensed period has expired, the photographer has the right to have the originals returned in good condition and the client will cease to use further photographs from that set after the licensing date has passed.
At the end of the day, it is in the interests of all parties to know what is being agreed, hence the importance of a written contract.
Full Commercial Corporate Licence
The purpose of this licence is to allow a specific project or organisation, known hereafter as the client, to use Michael Wlach images to publicise themselves and their activities.
It is not to provide clients with ‘free to use’ library images.
Copyright
The copyright of the images remains with the photographer, you are purchasing a licence to use the images so as not to breach his copyright.
The client is licensed to use images in:
Brochures, Web and Advertising for promotional purposes only
in their own printed and web based material to include advertising and self-promotion.
Publicity
The client is able to publish the images in third party publications where the use of the image is specifically publicising the client only.
E.g. Listings for themselves, advertisements for themselves, advertorial about themselves
Editorial usage in newspapers and magazines.
The client can issue the images to the press on a ‘free to use’ basis on the understanding that the editorial environment is specifically editorial material about the client.
Quick Editorial Licence
The purpose of this licence is to allow a specific project or organisation, known hereafter as the client, to use Michael Wlach images to publicise themselves and their activities.
It is not to provide clients with ‘free to use’ library images
Copyright
The copyright of the images remains with the photographer, you are purchasing a licence to use the images so as not to breach his copyright.
The client is licensed to use images in promotional purposes only of an editorial nature eg. Listings for themselves, magazine/newspaper advertorial or newspaper articles about themselves. No brochure reproduction or web presence of photographs permitted without the consent of photographer Michael Wlach.
Images are not allowed to be passed on to third parties, other clients or companies without the written consent and agreement of photographer Michael Wlach.
Quick Web Licence
The purpose of this licence is to allow a specific project or organisation, known hereafter as the client, to use Michael Wlach images to publicise themselves and their activities.
It is not to provide clients with ‘free to use’ library images.
Copyright
The copyright of the images remains with the photographer, you are purchasing a licence to use the images so as not to breach his copyright.
The client is licensed to use images in their own web promotional purposes only eg. On their websites. No brochure reproduction or third party web presence of photographs permitted without the consent of photographer Michael Wlach.
Timescale of Licence
The licence will run for an agreed duration after which the client shall have no further rights over the image usage unless agreed in writing with photographer Michael Wlach.
Payment
Payment for commissioned work must be submitted within 30 days of the date of the invoice. Failure to do so will incur an interest charge at 5% per calendar month above base rate and also nullify the prior permission agreed for the use of the said images until the invoice has been paid in full.
Delivery Liability
Michael Wlach shall not be liable to the client for any failure of delivery of a an ordered photoshoot as a result of events or circumstances deemed beyond his control which may include weather, terrorism, injury or illness.
Indemnity
Michael Wlach shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the photographs or other use by the client. The client shall indemnify Michael Wlach Photography against any claims and/or damages against him as a result of the client’s use of the photographs.
Links
If you use any links in this Web site to access other Web sites, please be aware that the linked sites are not under Michael Wlach’s control and he is not responsible for their content or images displayed therein.
Unauthorised Usage
Where images have been used without express permission from Michael Wlach or without a usage licence fee being paid, the user will be given the opportunity to purchase a “retrospective” usage licence to cover the period where the image was used. The fees for this will be set by Michael Wlach at an appropriate rate and are not negotiable. Failure to purchase a licence may result in legal proceedings being taken to recover lost revenue from said unauthorised usage. Michael Wlach recommends that users wishing to use his images for commercial use/promotion etc., speak directly with him to purchase the appropriate usage licence.
All images by Michael Wlach Photography are subject to these Terms and Conditions.