I had occasion this week to reflect upon how we used to produce photographs back in the days T-Rex were banging out their hits. In 1977 it was all about groping around in the dark, breathing in noxious fumes, checking timings to the second and temperatures to the degree fahrenheit.

Never mind T-Rex – since the advent of digital photography, read the rest of this article…

Getting our 2008 Charity Calendar off to a good start is Tommy, of Tommy’s Hair Salon (Ruthin and Chester)

Copyright

In accordance with the 1988 Copyrights act, all photographs remain the property of the photographer and are automatically copyright protected. It is a violation of copyright law to copy, scan, or allow photographs thus created to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered (digitally or otherwise), without the photographer’s express written permission. The Client agrees that any photographic prints will be purchased directly from The Photographer unless in possession of a copy the digital negatives which can be purchased separately.

The original digital negatives remain the sole property of The Photographer. When purchasing a copy of a digital negative, The Client aquires the right to make printed copies of that image for personal (non comercial) purposes. A seperate licence must be obtained to publish the image in printed or electronic form or to otherwise use the image for any buisness purposes.

photographs produced by this studio, whether commissioned or otherwise, remain the copyright of Jayne & Chris Birchall Photography.

In the case of commissioned portrait photography, the moral rights belong to the person commissioning/appearing in the photographs.

In simple terms, this means that without the express written permission of the photographer, it is illegal to make a copy or to otherwise publish any professionally produced photograph – even if you have paid for it! The act also protects the moral rights of person depicted in a photograph by making it illegal for a photograph to be displayed or published without that person’s consent.

Here at BeautyPhoto Studios, we understand our customers may well want to make additional prints for family and friends, to email their images or use them on social networking sites such as Facebook. In the light of this, we operate a quid-pro-quo arrangement whereby we freely licence the making of prints from any image files that we supply in digital form, and the use of any such photographs for personal (non commercial) purposes including publishing on Internet sites. In exchange, the subject and/or commissioning agent grants us permission to use the images for display, promotion, editorial and publicity purposes. Moral rights are irrevocably relinquished in exchange for free or reduced price photo sessions and/or discounted prints and photographic services.

Jayne and Chris Birchall of the BeautyPhoto Studio [hereinafter the “Studio”] takes the utmost care with respect to the exposure, development, and delivery of photographs. In the event the Studio fails to comply with the terms of any contract due to any event or act outside the control of the Studio, or for any other unforseen reason, the Studio’s liability is limited to the refund of fees paid.

1. Copyright.

2. Archival. Upon 1 year after the date the photographs were taken, the Client will be given the option to purchase the digital negative files at the cost as it applies at that time. If the Client declines to purchase the digital negatives the Client will be given two options:
1. The photographer will continue to archive and protect the files for another year; the Client will
be charged the archival cost as it applies at that time.
2. The Clients digital negative files will be destroyed to make room for other clients files and will
no longer be available in any form.

3 DELIVERY

3.1 The time for performance of the Contract by the Studio shall not be of the essence of the Contract, the Studio’s failure to so deliver and/or provide by the due date(s) shall not constitute a breach of Contract and the Studio shall not in any circumstances be responsible for any direct or consequential loss or damage of any kind whatsoever resulting therefrom. The Studio may wholly or partly suspend deliveries of Goods and/or provision of Services and the Buyer shall accept late delivery of such Goods and/or provision of Services unless the Buyer has cancelled the Contract before work has commenced on the production of said goods.