Terms of Business – Photograph Licence (Updated for 2025 Compliance)

Terms of Business – Photograph Licence

Last updated: 28^th of July 2025

1. Copyright and Title

• The Photographer retains full copyright and intellectual property rights worldwide.
  • The Client is granted a limited licence for the stated purposes but does not acquire ownership.
  • If any unauthorized use or reproduction occurs, the Photographer retains the right to pursue legal action.

2. Use of Photograph(s) & Licensing Type

• The Licence applies only to the Client for the Stated Purposes and may not be transferred or assigned without written permission.
  • Licences may be issued for personal use (non-commercial) or commercial use (business, advertising, publication, etc.).
  • The Client must specify intended usage upon purchase, as pricing and licensing terms may differ between personal and commercial rights.
  • The Client must not resell, redistribute, or sublicense the Photograph(s) in any form without prior written consent from the Photographer.

3. Image Format & Delivery

• All licensed images will be provided in JPEG format, unless otherwise agreed in writing.
  • Resolution and file specifications will be outlined at the point of sale or delivery.

4. Exclusivity / Non-Exclusivity

• The Licence is non-exclusive, meaning the Photographer may license the same images to other parties.

5. Fee and Payment

• The Fee for the use of the Photograph(s) shall be as agreed.
  • Customers wishing to purchase image products must contact the Photographer via email to make an enquiry.
  • Upon request to purchase, the Photographer shall issue an invoice detailing the product(s) and payment terms.
  • All payments must be made via bank transfer. Payment details will be provided on the invoice.
  • Payment is due within 15 days of the invoice issue date. Orders will be placed on hold until full payment is received, unless otherwise agreed in writing.
  • For orders placed through the website from customers outside the European Union, digital files will not be released or sent until payment is received in full.
  • All payments must be made in GBP (£), unless otherwise agreed in writing. International clients are responsible for any bank or currency conversion fees.
  • If payment is not received within the specified timeframe, the Photographer reserves the right to charge interest at 8% per annum on outstanding balances, even if not explicitly stated on the invoice. The Photographer may also terminate this Agreement in accordance with Clause 12.

6. Moral Rights / Right to Credit

• The Photographer asserts the right to be credited as the author of the work under the Copyright, Designs and Patents Act 1988.
  • The Photographer reserves the right to withdraw permission if the Client misuses the image or fails to comply with the agreed licence.

7. Legacy Consent & Historical Imagery

• Many photographs within our archive were captured in public or semi-public settings over several decades, often with verbal or implied consent in accordance with the norms of the time.
  • We remain committed to respectful representation and privacy.
  • If any individual featured in a photograph wishes to discuss its use, we welcome direct contact and will review concerns promptly and sensitively.
  • Where applicable, we apply ethical standards and best practices to ensure images are used appropriately, especially in commercial or promotional contexts.

8. Confidentiality

• Both parties must keep business-related information confidential, except where disclosure is legally required.

9. Warranties & Indemnity

• The Photographer warrants that they have all necessary rights and permissions to license the images provided under this agreement.
  • The Photographer retains the right to apply AI-driven enhancements, digital corrections, or manipulations to images in accordance with industry standards, artistic intent, or technical improvements.
  • Such modifications may not always be disclosed individually but will remain within the scope of ethical photographic practices and professional editing standards.
  • The Client acknowledges that AI enhancements or digital modifications may be applied to images to improve visual quality, remove imperfections, or adapt compositions, and accepts such enhancements as part of the licensed work.
  • Both parties agree to indemnify and hold each other harmless against any claims, losses, damages, or legal proceedings resulting from misuse, unauthorized reproduction, or breach of licence terms.

10. Prohibition of NFTs & Blockchain Licensing

• The Client must not tokenize, sell, distribute, or incorporate the images into any NFT, blockchain, or similar digital asset system.
  • No image licensed under this agreement may be resold, fractionalized, or represented as a digital token on any marketplace without explicit written permission from the Photographer.

11. Digital Storage & Unauthorized Use Protection

• The Client must store digital copies securely to prevent unauthorized duplication or misuse.
  • If images are shared internally or externally, watermarking or low-resolution previews are encouraged to protect intellectual property.
  • The Client must not remove embedded metadata or watermarks from the images, as doing so violates the licence agreement.

12. Revocation of Licence Terms

• If the Client breaches this agreement, the Photographer retains the right to revoke the licence.
  • Upon revocation, the Client must immediately cease use, return materials, and delete all copies.

13. Termination

• The Photographer may terminate the agreement if the Client violates terms and fails to remedy within 28 days.

14. Notices, Legal Jurisdiction & International Clients

• Notices must be in writing and sent via email, courier, or registered mail.
  • The agreement is governed by Scottish law, with disputes handled in Scottish courts.
  • By purchasing or licensing images from Scotphoto, international clients agree to abide by the terms above and accept that Scottish law shall apply.
  • Clients outside the UK are responsible for ensuring compliance with their local laws regarding image use, licensing, and data protection.