These Terms & Conditions apply to photographic commissions undertaken by Steve Gregson Photography and to the licensing, supply and reproduction of photographs created or supplied by Steve Gregson Photography.
Unless otherwise agreed in writing, placing a booking, commissioning photography, accepting delivery of photographs or using photographs supplied by Steve Gregson Photography constitutes acceptance of these Terms & Conditions.
Terms and Definitions
1.1 Photograph
“Photograph” or “Image” means any photographic image, digital file, scan, print, artwork, derivative image or other visual material created or supplied by Steve Gregson Photography.
1.2 Reproduction
“Reproduction” includes any publication, copying, display, distribution, transmission, storage or other use of the whole or any part of a Photograph, whether altered or unaltered, in print, digital, electronic, online, broadcast, projected or any other media.
1.3 Client
The “Client” is the person or organisation to whom the quotation, booking confirmation or invoice is addressed, whether acting on its own behalf or on behalf of a third party.
1.4 Photographer
The “Photographer” means Steve Gregson, trading as Steve Gregson Photography, and the author of the Photographs.
1.5 Agreement
These Terms & Conditions, together with the relevant quotation, booking confirmation, invoice and any written variation agreed between the Photographer and the Client, constitute the agreement between the parties.
Any variation must be agreed in writing.
Email and other written electronic communications may form part of that agreement.
Copyright and Ownership
2.1
Copyright in all Photographs created by Steve Gregson remains with Steve Gregson at all times throughout the world unless copyright is expressly assigned under a separate written agreement signed by the Photographer.
2.2
Ownership of copyright does not pass to the Client simply because the Client commissioned, possesses, paid for or has been supplied with a Photograph.
Steve Gregson Photography provides photographic services and licenses agreed rights to reproduce the resulting Photographs.
2.3
Any reproduction rights granted to the Client are licences only. No assignment, transfer or partial assignment of copyright shall be implied.
2.4
Unless otherwise specified in writing or under one of the licensing arrangements in section 7, Photographs are licensed for the period stated on the relevant quotation or invoice.
Once a licence has expired, further use requires the written agreement of Steve Gregson Photography.
Where requested, the Client must cease further publication and distribution and delete or archive supplied digital files in accordance with the Photographer's instructions.
2.5 Moral Rights and Credit
Steve Gregson asserts his moral right to be identified as the author of his work in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
Where a credit is required, the credit shall be:
Steve Gregson Photography
or another credit expressly agreed in writing.
2.6
Where a required copyright notice or credit is omitted, Steve Gregson Photography reserves the right to charge an additional fee. Unless otherwise agreed, that additional fee may be no less than 25% of the relevant original licence fee.
2.7 Alteration
The Client must not materially alter, manipulate, retouch, composite or otherwise adapt a Photograph without the prior written permission of Steve Gregson Photography.
Normal resizing necessary for an authorised reproduction does not constitute an assignment of rights or permission for any other alteration.
Use and Reproduction
3.1
Reproduction rights are strictly limited to the uses, territories, media and periods stated on the quotation, invoice or other written licence issued by Steve Gregson Photography.
Any additional use requires prior written agreement.
3.2
Unless expressly stated otherwise, licences are non-exclusive.
3.3
Reproduction rights are granted to the Client named on the relevant invoice and may not be assigned, sold or transferred.
The Client may supply Photographs to third parties only where reasonably necessary for the exercise of the rights expressly granted — for example, to press contacts, printers, designers or other authorised suppliers — and remains responsible for ensuring that such third parties comply with the applicable licence.
3.4
No copyright transfer or broader licence shall arise by implication.
3.5
Steve Gregson Photography may refuse to grant additional reproduction rights or licences to the Client or to any third party.
3.6 Unauthorised Use
Any use outside the scope of an agreed licence constitutes unauthorised use and may constitute copyright infringement.
Steve Gregson Photography reserves the right to charge an appropriate retrospective licence fee and to pursue any other remedies available.
3.7 Artificial Intelligence, Machine Learning and Automated Use
Unless expressly licensed in writing by Steve Gregson Photography, no Photograph or other material supplied by the Photographer may be:
- used to train, fine-tune, develop, benchmark or evaluate an artificial-intelligence or machine-learning system;
- uploaded to a generative AI service for the purpose of creating derivative or competing imagery;
- incorporated into a dataset intended for AI or machine-learning use;
- systematically scraped, harvested or extracted for such purposes; or
- supplied to a third party for any of those purposes.
No licence granted under these Terms includes AI or machine-learning rights unless those rights are expressly stated in writing.
Definitions of Reproduction Rights
Where the following descriptions are used on a quotation or invoice, they have the meanings below.
4.1 Internal Use Only
The right to use Photographs internally within the Client’s organisation for non-commercial internal purposes, including internal presentations, internal communications, an intranet and display within the Client’s premises. It does not include general public-facing publication unless separately agreed.
4.2 PR and Press Distribution
The right to use Photographs for legitimate public-relations and press purposes connected with the agreed production, project or organisation, including distribution to third-party editorial media where no payment has been made to guarantee publication.
4.3 Specified Use Only
The right to reproduce Photographs solely for the specific use described on the relevant quotation or invoice.
4.4 Editorial
The right to reproduce Photographs in the specified editorial publication or context, subject to any limitations stated on the quotation or invoice.
4.5 Company Public Use
The right to use Photographs for authorised public-facing purposes of the Client, including its website, publicity material, reports and official social-media channels, within the scope and duration of the relevant licence.
Booking and Cancellation
5.1 Confirmed Bookings
Once a date and time have been confirmed, Steve Gregson Photography reserves that period for the Client and may decline other work for the same period.
5.2 Cancellation by the Client
If a confirmed booking is cancelled by the Client, the following cancellation fees apply:
14 days or less before the confirmed booking
50% of the booked photography fee.
Less than 7 days before the confirmed booking
75% of the booked photography fee.
Less than 2 days before the confirmed booking
100% of the booked photography fee.
In addition, the Client remains responsible for any reasonable expenses or non-refundable costs already incurred by Steve Gregson Photography in connection with the booking.
5.3 Rescheduling or Circumstances Beyond Reasonable Control
Where a shoot cannot reasonably proceed because of weather, lighting, venue circumstances, illness, safety concerns or another circumstance outside Steve Gregson Photography's reasonable control, the Photographer and Client will endeavour to agree a replacement date.
Where no suitable replacement date can be agreed within a reasonable mutually agreed period, or within two calendar months where no other period is agreed, Steve Gregson Photography reserves the right to charge 50% of the booked photography fee together with expenses already incurred.
Payment Terms
6.1
Unless agreed otherwise in writing, Steve Gregson Photography's payment terms are strictly net 28 days from the date of invoice.
6.2
Where a qualifying commercial invoice remains unpaid after its due date, Steve Gregson Photography reserves the right to claim statutory interest, fixed compensation and reasonable recovery costs where permitted under the Late Payment of Commercial Debts (Interest) Act 1998 and associated legislation.
For qualifying business-to-business debts, statutory interest is currently calculated at 8 percentage points above the Bank of England base rate unless an applicable contractual provision provides otherwise.
6.3
Steve Gregson Photography reserves the right to recover reasonable administrative and debt-recovery costs arising from overdue accounts where legally recoverable.
6.4
Where reproduction rights are subject to payment, the Client's right to exercise those rights arises only once the relevant invoice has been paid in full, unless expressly agreed otherwise in writing.
Use before the licence becomes effective may constitute both a breach of contract and an infringement of copyright.
6.5
If an invoice remains unpaid after its due date, Steve Gregson Photography may suspend ongoing services, including image delivery, galleries, downloadable pages or other access provided to the Client, until the account is brought up to date.
6.6
Where several invoices are outstanding, Steve Gregson Photography reserves the right, where legally permissible, to suspend further services pending settlement of overdue sums.
6.7 Payment Method
Payment by BACS is preferred. Payment details will be supplied on the relevant invoice.
Licensing Types Designated in Invoice
7.1 One Year Licence
The fee covers use of the selected Photographs for one year (365 days) from the date of supply and relates to use within the United Kingdom only.
The licence includes use:
- in programmes, playtexts and freesheets for the production;
- on the website, blog and official social-media channels of the Client and applicable co-producers;
- in advertising and publicity for the production;
- for editorial and press use connected with the production;
- for front-of-house display at the venue in which the production is photographed;
- in connection with awards for which the production is nominated or which it receives;
- in funding applications and reports;
- in educational material connected with the production.
If the production transfers to another theatre or venue under different management, additional permission and/or licensing must be agreed with Steve Gregson Photography unless otherwise agreed in writing.
This licence also permits cast members to use supplied Photographs on their personal professional websites. Cast members must credit Steve Gregson Photography whenever the Photographs are used.
Requests from creatives, agencies or other third parties, or requests connected with a future life, revival, transfer or separate exploitation of the production, must be referred to Steve Gregson Photography for permission and any applicable additional fee.
Copyright remains the property of Steve Gregson. The Client receives only the rights expressly granted by this licence.
7.2 Two Year Licence
The fee covers use of the selected Photographs for two years (730 days) from the date of supply and relates to use within the United Kingdom only.
The licence includes use:
- in programmes, playtexts and freesheets for the production;
- on the website, blog and official social-media channels of the Client and applicable co-producers;
- in advertising and publicity for the production;
- for editorial and press use connected with the production;
- for front-of-house display at the venue in which the production is photographed;
- in connection with awards for which the production is nominated or which it receives;
- in funding applications and reports;
- in educational material connected with the production.
If the production transfers to another theatre or venue under different management, additional permission and/or licensing must be agreed with Steve Gregson Photography unless otherwise agreed in writing.
This licence also permits cast members to use supplied Photographs on their personal professional websites. Cast members must credit Steve Gregson Photography whenever the Photographs are used.
Requests from creatives, agencies or other third parties, or requests connected with a future life, revival, transfer or separate exploitation of the production, must be referred to Steve Gregson Photography for permission and any applicable additional fee.
Copyright remains the property of Steve Gregson. The Client receives only the rights expressly granted by this licence.
7.3 Perpetual Licence
The fee covers use of the selected Photographs for in perpetuity from the date of supply and relates to use within the United Kingdom only.
The licence includes use:
- in programmes, playtexts and freesheets for the production;
- on the website, blog and official social-media channels of the Client and applicable co-producers;
- in advertising and publicity for the production;
- for editorial and press use connected with the production;
- for front-of-house display at the venue in which the production is photographed;
- in connection with awards for which the production is nominated or which it receives;
- in funding applications and reports;
- in educational material connected with the production.
If the production transfers to another theatre or venue under different management, additional permission and/or licensing must be agreed with Steve Gregson Photography unless otherwise agreed in writing.
This licence also permits cast members to use supplied Photographs on their personal professional websites. Cast members must credit Steve Gregson Photography whenever the Photographs are used.
Requests from creatives, agencies or other third parties, or requests connected with a future life, revival, transfer or separate exploitation of the production, must be referred to Steve Gregson Photography for permission and any applicable additional fee.
Copyright remains the property of Steve Gregson. The Client receives only the rights expressly granted by this licence.
Editing, Selection and Rejection
8.1
Steve Gregson Photography will professionally edit the photographs created during a commission and will deliver the images the Photographer considers to represent the strongest and most appropriate coverage of the commissioned work.
8.2
Unless otherwise agreed in advance, the Client has no right to reject delivered work solely on the basis of photographic style, composition, selection or editing.
8.3
No material addition, deletion, manipulation or adaptation of a Photograph may be made without the prior written permission of Steve Gregson Photography.
Liability, Permissions and Indemnity
9.1
Steve Gregson Photography will take reasonable professional care in carrying out each commission but shall not be responsible for losses arising from circumstances outside its reasonable control.
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
9.2
The Client is responsible for ensuring that its use of supplied Photographs remains within the scope of the licence granted.
The Client agrees to be responsible for claims, losses or reasonable costs arising from its unauthorised reproduction, distribution or licensing of Photographs.
9.3 Permissions, Releases and Third-Party Rights
Unless otherwise expressly agreed in writing, the Client is responsible for ensuring that any permissions, consents, performance permissions, venue permissions, model or performer releases, parental permissions, trademark permissions or other third-party rights required for the intended commissioned use have been obtained.
Steve Gregson Photography does not warrant that rights belonging to people, venues, artworks, trademarks, designs, sets, costumes or other material depicted within a Photograph are cleared for every possible use.
The Client must therefore satisfy itself that its intended reproduction is appropriately authorised.
9.4 Original Materials
Where physical originals, prints or other irreplaceable materials are supplied to a Client, responsibility for their reasonable care passes to the Client while they remain in its possession or under its control.
Any loss or damage must be reported promptly.
Payment of compensation for lost or damaged material does not transfer copyright or any other rights in that material.
Applicable Law and Agreement
10.1
These Terms & Conditions and any dispute or claim arising from them shall be governed by the laws of England and Wales.
The courts of England and Wales shall have jurisdiction, subject to any mandatory legal rights that apply.
10.2
No variation of these Terms shall be effective unless agreed in writing by Steve Gregson Photography and the Client.
10.3
For the purposes of these Terms, an agreement made by email or other written electronic communication may constitute written agreement where the intention of the parties is clear.
10.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in effect to the extent permitted by law.
Printed and Published Reproductions
Where reasonably requested, the Client shall supply Steve Gregson Photography with evidence of published use of supplied Photographs.
For significant printed publications, Steve Gregson Photography may request up to two complimentary copies or relevant tear sheets/pages showing the published Photographs.
Contact
Questions about these Terms, image licensing or additional reproduction rights should be directed to:
Steve Gregson Photographyinfo@stevegregson.com+44 (0) 7729 435 728