Terms of Use
Terms & Conditions
This web site is owned and operated by XPROD44. All of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs images (« content ») and software is owned by XPROD44 and its content providers.
All elements of this XPROD44 web site, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with XPROD44 or one of its agents, no portion or element of this web site or its Content may be copied or retransmitted via any means and this web site, its content and all related rights shall remain the exclusive property of XPROD44 or its licensors unless otherwise expressly agreed. You shall indemnify XPROD44, its agents and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights.
Copyright
XPROD44 was established in 2005 with the clearly defined aim of protecting the copyright of its members’ work. Since then much has changed, and the copyright laws around the world now offer statutory protection for the copyright of photographers’ work except where photographers have willingly agreed to part with the copyright to a client. XPROD44 remains highly protective of photographers’ rights, and will not agree to undertake editorial assignment work where the client wishes to hold the copyright subsequently. XPROD44 remains at the forefront of the campaigns for photographers’ rights generally, and is aggressive in pursuing circumstances where it perceives the copyright of its members’ work has been breached and where it perceives the law has been broken.
Image Licensing
All images requested and purchased through XPROD44 are offered on an individual license basis – sometimes referred to as Rights Managed Licensing. The copyright of the image is always retained by the photographer and XPROD44. The licenses serve to protect the rights of all the photographer, XPROD44, the licensee and even the subject matter of the images. Rights management has advantages for the licensee as it can be used to limit the use of a particular image, even allowing the use to be licensed exclusively, which effectively embargoes the use of the same image within the requested media. When an image is licensed, there will be standard terms and conditions outlined with your specific usage rights. This will be sent to you by post or email once the license has been agreed, with the full XPROD44 terms and conditions.
Usage Rights
When an image is licensed by XPROD44, the usage is specified on the invoice and cannot be used for any other purpose without further agreement by XPROD44. The license will state the media use, language rights and the territories for the usage.
Usage Fee
A fee is generally payable to license any rights managed image. The fee is based on how the image is going to be used. This will be calculated by such factors as the print run, media, the reproduction size, and territory distribution and whether the requested use is exclusive or non-exclusive. XPROD44 calculate this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license.
Cropping and Image Manipulation
XPROD44 was founded on the ideal that photographs must not be altered, cropped or manipulated in any form without permission from XPROD44. The rights to alter any photograph rests with the photographer and XPROD44 will seek their opinion on any alteration request. Today, many alterations are granted by XPROD44 photographers, but it is necessary to submit a request before the image is reproduced as this may affect the terms of the license and result in an additional charge on top of any agreed usage fee.
Captions
All image must be reproduced with or in the spirit of the accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication. For example, an image of a doctor on a lunch break looking tired, cannot be captioned by the licensee as a lazy doctor taking time off when they should be working.
Credit Lines
With all editorial rights managed photography, the photographer should be credited with any reproduction of their work. The credit line should read © photographer’s name/XPROD44. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line.
Published Images
XPROD44 would always request at least two copies of any publication featuring an image reproduction upon publication.
Model Release
Most XPROD44 photographers’ work is of a documentary nature, whereby the photographer is documenting the world around them. This style of photography does not lend itself to the obtaining of model releases or other releases. Unless specified by XPROD44 in writing, no model releases or other releases for any images. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Magnum harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:
(a) no release was furnished by XPROD44 in writing.
(b) the use of any Image exceeds the scope of the release provided by XPROD44.
The licensee will also indemnify and hold XPROD44 harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. XPROD44’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. Magnum makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
Disputes and Claims
Users of the web site agree that the above terms are made pursuant to Article 2 of the Uniform Commercial Code and agrees to be bound by same. Objection to any terms must be made in writing within 10 days.
Any and all disputes (excluding claims arising in whole or in part, under the United States Copyright Act), arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York City, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to conflicts of laws principles. Recipient hereby expressly consents to the jurisdiction of the Federal courts with respect to any claim arising under the United States Copyright Act.