Image licensing

All work produced by Colin Henderson is copyright of Colin Henderson Photography. No commercial or editorial use of such work is permitted without prior agreement.

1.) How do I secure a license to use or reproduce work by Colin Henderson Photography?

Please contact me with the file reference of the image(s) you are interested in, including the size required and your intended use. I’ll provide you with quote in return.

Email: info@colinhendersonphoto.com
Tel: +44 (0)7982 216987

2.) How much does an image license cost?

Indicative prices for a royalty-free, non-exclusive commercial usage license in perpetuity are;

  • Website, print and social media (Full size, high-resolution file you can use anywhere, in any manner, including paid third party advertising) - £400

  • Website use only (1200px/72dpi file) - £175

  • Social media use only (1200px/72dpi file) - <5,000 followers - £75; <15,000 followers - £145; 15,000+ followers - £Please enquire

Please contact me for exclusive rates or commissions.

For editorial use, the price is dependent on circulation and usage (i.e. size and whether your use is inside or cover). Commercial use editorially is classed as commercial use.

3.) What terms and conditions will apply to the image license?

The following is an example of my image licensing terms and conditions. If I agree to license an image, I will create a bespoke set of terms and conditions for you. These will form part of a contract that will be created between us and which will form the benchmark we’ll refer to in the unlikely event of any dispute.

(Example) Image licensing terms and conditions

1. DEFINITIONS - For the purposes of this Invoice, the 'Client' is the party commissioning the ‘Photographer’ and to whom the Invoice is addressed, whether or not the Client is acting for a third party. The Client shall, where the context so admits, include their respective assignees, sub licensees, and successors in title. 'Photograph(s)' means the digital images or prints provided by the Photographer. 'Usage Licence' means the limited licence granted by the Photographer to the Client to permit the Client specific rights to reproduce the Photograph(s). ‘Contract’ means the document produced to define the Usage License.

2. COPYRIGHT AND OWNERSHIP OF MATERIALS - All title and intellectual property rights (including copyright) in the Photograph(s) in all media worldwide shall vest in the Photographer (and be retained by the Photographer).

3 (a). RIGHTS OF USE (CLIENT) - The Photographer grants the Client a limited, revocable Usage Licence to use, reproduce and publish the Photograph(s) for commercial purposes, online and in print, for the duration of the period specified in the Contract. The Usage License is non-exclusive and the Photographer is permitted to license the Photograph(s) to other clients as well, who may use them in the same time period. The Usage License comes into effect from the date of full payment of the relevant invoice. Usage Licenses are not transferable. Accordingly, even where any form of 'all media' permission is granted, the Photographer's approval must be obtained before any use of the Photograph(s) for other purposes (e.g. use in relation to another product). Permission to use the Photograph(s) for other purposes will normally be granted on full payment of an additional Fee, to be agreed with the Photographer. No use of the Photograph(s) may be made without a Usage License, or outside the Usage License, or prior to payment unless otherwise agreed with the Photographer. Any rights to use will be automatically revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation. When the Usage Licence expires, the Client shall cease to be permitted to use or reproduce the Photograph(s) and a written undertaking given by the Client that all records of the Photographs(s) have been destroyed. The Client shall comply with this requirement within 30 days of the expiration of the Usage License. The Photographer reserves the right to make an additional charge for any use of the Photograph(s) by the Client outside the Usage Licence or after the Usage Licence has expired. For the avoidance of doubt, all further Usage Licences (including extensions) in respect of the Photograph(s) will be subject to these Terms and Conditions of Business.

3 (b). RIGHTS OF USE (PERSONAL USE) - The Photographer grants the Client a limited, revocable Usage Licence to use, reproduce and publish the Photograph(s) for personal use (e.g. to print downloaded Photograph(s), save Photograph(s) as a desktop screensaver or use Photograph(s) on a personal blog or social media account). The Photographer is not involved nor otherwise responsible or liable for the production, manufacture, or delivery of any prints the Client chooses to have made of downloaded Photograph(s). The Usage License is non-exclusive and the Photographer is permitted to license the Photograph(s) to other clients as well, who may use them in the same time period. The Usage License comes into effect from the date of full payment of the relevant invoice.

3 (c). RIGHTS OF USE (PHOTOGRAPHER) – The Photographer is permitted and retains the right in all cases to license the Photograph(s) to multiple clients and use the Photograph(s) in any manner at any time and in any part of the world, along with a Client's business logo, for the purposes of self-promotion. A high-quality digital file showing the Photograph(s) in context of use, e.g. web screen shot, PDF copy of advertisement or magazine article, should be available to the Photographer on request.

4. INDEMNITY - The Client agrees to indemnify the Photographer for any loss of profit, loss of contracts, loss of business or revenue, loss of production or for any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the use of the Photograph(s). The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party model releases, copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before use. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.

5. RIGHT TO CREDIT – The Photographer asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988. Credit to read 'Colin Henderson Photography/www.colinhendersonphoto.com'.

6. APPLICABLE LAW - This agreement shall be governed by the laws of Scotland and are subject to the exclusive jurisdiction of the Scottish courts, to whom all parties submit.

7. SEVERABILITY - Notwithstanding that the whole or any part of any provisions of the Agreement may prove to be illegal or unenforceable, the other provisions and the remainder of the provision in question will remain in full force and effect.

8. VARIATION - These Terms and Conditions prevail over any terms proffered by the Client. They shall not be varied except by agreement in writing from the Photographer.

By using an image under license, you will be acknowledging and agreeing to the defined terms and conditions. Please refer to my usage, sales and licensing policy for penalties relating to unauthorised or extended use.

3.) Do I accept other terms and conditions?

I’m happy to review any terms and conditions you have and accept them as long as they don’t materially affect my rights, nor my ability to operate my business as planned.