TERMS AND CONDITIONS:
1- LICENSEE ACKNOWLEDGES THAT PHOTOGRAPHER IS FIRST AND SOLE OWNER OF ALL "COPYRIGHT" OF ALL PHOTOGRAPH(S), AND THAT PHOTOGRAPHER SHALL REMAIN THE SOLE OWNER OF ANY AND ALL PHOTOGRAPHS OR ANY AND ALL MATERIAL USED OR TO BE USED IN RELATION TO PRODUCTION OR REPRODUCTION OF SAID PHOTOGRAPHS, AS WELL AS ALL COPYRIGHT THEREIN.
2- PHOTOGRAPH(S)" REFERS TO AND INCLUDES ALL ORIGINAL WORKS OR ANY PART THEREOF CREATED BY THE PHOTOGRAPHER USE OR INTENDED TO BE USED FOR PRINTING OR REPRODUCING COPIES OF THE ORIGINAL.
3- PHOTOGRAPHER IS ENTITLED TO USE ALL PHOTOGRAPHS FOR SELF PROMOTION PURPOSES OR TO ENTER INTO ANY CONTEST.
4- LICENCE BECOMES EFFECTIVE UPON THE SIGNATURE OF THE AGREEMENT. IT WILL BE RETROACTIVELY CANCELLED IF THE LICENSEE IS IN DEFAULT OF CARRYING OUT THE COMPLETE PAYMENT OF THE INVOICE IN THE 15 DAYS OF RECEIPT.
5- LICENSEE MAY NOT ASSIGN OR TRANSFER THIS LICENCE OR ANY PART THEREOF UNLESS AUTHORIZED IN WRITING BY PHOTOGRAPHER.. UPON DEFAULT, THE LICENSEE SHALL BE DEEMED CANCELLED BY OPERATION OF LAW.
6- ALL COPIES OF THE PHOTOGRAPH(S) OR ANY PART THEREOF MUST BEAR THE FOLLOWING WORDS:
"PHOTO: © Jay Kemp Digital Photography Inc 2019 (or current year), UNLESS WRITTEN AUTHORIZATION TO THE CONTRARY IS GIVEN BY
7- LICENSEE MUST RETURN TO PHOTOGRAPHER ALL PHOTOGRAPHS OR ANY OTHER MATERIAL IN ITS POSSESSION IMMEDIATELY UPON COMPLETION OF REPRODUCTION THEREOF AT THE OFFICES OF THE PHOTOGRAPHER.
8- LICENSEE ACKNOWLEDGES HE/SHE IS SOLE RESPONSABLE FOR PHOTOGRAPHS. IN THE EVENT EACH PHOTOGRAPHS IN POSSESSION OF LICENSEE ARE LOST OR DAMAGED, PARTIES AGREE TO ESTABLISH THEIR VALUE AT $200.00 EACH. IN SUCH EVENT LICENSEE AGREES TO PAY SAID AMOUNT TO PHOTOGRAPHER FOR EVERY LOST OR DAMAGED PHOTOGRAPH
9- NO MODIFICATIONS, CHANGES OR ALTERATIONS MAY BE MADE ON PHOTOGRAPHS OR ANY PART THEREOF, DIRECTLY OR INDIRECTLY, WITHOUT PHOTOGRAPHER’S PRIOR WRITTEN CONSENT, INCLUDING BUT EXCLUSIVE TO CROPPING OR COLOURIZING.
10- THE PRESENCE OF THE LICENSEE OR IT’S REPRESENTATIVE DURING PHOTO SESSIONS SHALL BE LICENSEE’S SOLE RESPONSIBILITY. IN THE EVENT THAT NO SUCH REPRESENTATIVE IS PRESENT, PHOTOGRAPHS SHALL BE DEEMED ACCEPTED BY LICENSEE AS TAKEN BY PHOTOGRAPHER.
11- CANCELLATION: SHOULD LICENSEE CHOOSE TO CANCEL PHOTOGRAPHER’S WORK, LICENSEE AGREES TO PAY ALL PRODUCTION COSTS INCURRED AT THE TIME OF CANCELLATION. IN ADDITION LICENSEE AGREES TO PAY THE PHOTOGRAPHER’S FEES UNDER THE FOLLOWING CONDITIONS: 25% OF PHOTOGRAPHER’S FEES IF NOTICE IS RECEIVED 48 HRS PRIOR TO SESSION / 50% FOR 24 HOURS PRIOR NOTICE / 100% FOR CANCELLATION THE SAME DAY.
12- THE PRESENT DOCUMENT CONSTITUTES A BINDING AGREEMENT BETWEEN SIGNATORIES WHEN SIGNED IN DUPLICATE BY BOTH PARTIES; LICENSEE ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL TERMS AND CONDITIONS CONTAINED IN THE PRESENT AGREEMENT.
13- BY HIRING JAY KEMP DIGITAL PHOTOGRAPHY INC. OR APPOINTED AGENTS OF JAY KEMP DIGITAL PHOTOGRAPHY INC.YOU AGREE TO THESE TERMS WITHOUT EXCEPTIONS.
The photographer is the owner of every photo that they have taken. Even if 2 people take an identical photograph, each photographer will own their own photograph. This includes popular tourist attractions which have their pictures taken several thousand times per day, the photographs may not be terribly unique, but each photo taken is still the property of it’s photographer. The term of the copyright is from the time the photo was taken until the remainder of the year you die, plus 50 years.
Copyright Act, 10.(2):
The person who:
(a) was the owner of the initial negative or other plate at the time when that negative or other plate was made, or
(b) was the owner of the initial photograph at the time when that photograph was made, where there was no negative or other plate,
Copyright Act, 6.:
6. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.
Copyright Act, 13.(3):
(3) Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.
Copyright Act, 10.(1):
Where the owner referred to in subsection (2) is a corporation, the term for which copyright subsists in a photograph shall be the remainder of the year of the making of the initial negative or plate from which the photograph was derived or, if there is no negative or plate, of the initial photograph, plus a period of fifty years.
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