Darren Casey Photographer
DCimaging Commercial Photography
Applied to the commissioning and reproduction of photography, photographic images and video from and to Darren Casey
Photographer, DCimaging Commercial Photography here referred to as “DCimaging.

For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their
respective assignees, sub-licensees and successors in title. In cases where DCimaging’s client is a direct client, (i.e. with
no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted
as references to DCimaging’s client. “Imagery” means all photographic and video material furnished by DCimaging,
whether transparencies, negatives, prints, downloaded file or image, photograph, video clip, video production or any other
type of physical or electronic material.
In accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988 the entire copyright in the “Imagery” is
retained by DCimaging (the original creator) at all times throughout the world. This is only negated when a formal “buyout”
has taken place.
Where a formal “buyout” of “Imagery” has taken place DCimaging will wave all moral rights in perpetuity.
Title to all “Imagery” remains the property of DCimaging. When the Licence to Use the material has expired the “Imagery”
or any physical material must be returned to DCimaging in good condition within 30 days.
4. USE
The Licence to Use will be stated on the invoice referring to the commission and comes into effect from the date of
commission or photo shoot. No use may be made of the “Imagery” before payment in full of the relevant invoice(s) without
DCimaging’s express permission. Any permission which may be given for prior use will automatically be revoked if full
payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to
the first party or commissioning agency and its benefit shall not be assigned to any third party without DCimaging’s
permission. Accordingly, even where any form of ‘all media’ Licence is granted, DCimaging’s permission must be obtained
before any use of the “Imagery” for other purposes e.g. use in relation to another product or sublicensing through a photo
library. Permission to use the “Imagery” for purposes outside the terms of the Licence will normally be granted upon
payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise
agreed in writing, all further Licences in respect of the “Imagery” will be subject to these terms and conditions. “Imagery”
supplied for immediate Press release (when requested and agreed by DCimaging) will be granted a restricted 30
Day licence with immediate effect.
The Agency and Advertiser will be authorised to publish the “Imagery” to the exclusion of all other persons including
DCimaging for a limited period. However, DCimaging retains the right in all cases to use the “Imagery” for the purposes of
advertising or promoting DCimaging’s work unless a formal “buyout” has taken place. After the exclusivity period indicated
in the Licence to Use as stated on the invoice DCimaging shall be entitled to use the “Imagery” for any purposes unless a
formal “buyout” has taken place.
DCimaging retains the right to resell “Imagery” to any syndication agency unless a formal “buyout” has taken place. This
clause overrides any pre-existing agreement an agency may have with another syndication agency and therefore
permission must be granted by DCimaging for further use outside the license agreement.
DCimaging will keep confidential and will not disclose to any third parties or make use of material or information
communicated to DCimaging in confidence for the purposes of the assignment, save as may be reasonably necessary to
enable DCimaging to carry out the obligations in relation to the commission.
It is the Agency or Advertiser who must satisfy themselves that all necessary rights, model releases or consents which
may be required for “Imagery” reproduction, are obtained and it is acknowledged that DCimaging gives no warranty or
undertaking for any such rights. Model releases or consents must be obtained by the Agency and Advertiser whether in
relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture.
In the event that the “Imagery” issued or reproduced by or with the authority of the Agency and Advertiser then the
Agency and Advertiser shall indemnify DCimaging against any loss or damage, proceedings or costs where such rights,
releases or consents have not been obtained.
The Agency shall be responsible for obtaining all clearances and will indemnify DCimaging against all expenses,
damages, claims and legal costs arising out of any failure to obtain such clearances.
Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If
the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed
by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is
Where extra expenses or time are incurred by DCimaging as a result of alterations to the original brief by the Agency or
the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or
fees calculated at DCimaging’s assignment rate to DCimaging in addition to the expenses having been agreed or
Any assignment undertaken that is located more than 1 (one) hour outside of base location will incur a travel time
expense. This is normally calculated as a percentage of assignment rate.
9b. Mileage
Any assignment undertaken that is located more than 1 (one) hour outside of base location will incur a mileage expense.
This is normally calculated at the current rate set out by HMRC AMAP.
There is no right to reject on the basis of style or composition.
A booking is considered confirmed and accepted by both parties from the date of confirmation and agreement whether by
Email, Booking Form or any other method communicated and accordingly DCimaging will, at their discretion, charge a fee
for cancellation or postponement. Bookings cancelled within 24hrs will incur a 100% charge of the original agreed
assignment fee. Should for any reason the assignment or booking need to be re-scheduled by either party priority
consideration must be given to any existing bookings.
DCimaging has a “Right to a Credit” and should be printed on or in reasonable proximity to all published reproductions of
the “Imagery”. By commissioning DCimaging they also assert their statutory right to be identified in the circumstances set
out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Save for the purposes of reproduction for the licensed use(s), the “Imagery” may not be stored in any form of electronic
medium without the written permission of DCimaging. Manipulation of the “Imagery” or use of only a portion of the
“Imagery” may only take place with the permission of DCimaging.
This agreement shall be governed by the laws of United Kingdom
These Terms and Conditions shall not be varied except by agreement in writing.
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DCimaging reserves the right to alter these terms without prior notification.