www.openpage-studio.com

Usage & Rights

Copyright & Licensing

Introduction

The Photographic Art (products) and our Photographic Contributors (members) are the two main pillars of our organisation, and thus becomes a matter of our commercial business. The provision of a set of standard rules with respect to our  business activities thus become a requirement and necessary. To this end, these are the Copyright & Licensing Terms and Conditions on which covers OPENPAGE and our Contributors works and property.

OPENPAGE-Studio Limited which is also referred to in this document as;
OPENPAGE, of which the two terms refer to one in the same organisation.
OPENPAGE is also referred to as “we” or “us” in the document.

You can contact us by emailing at: info@openpage-studio.com

Copyright

OPENPAGE was established in 2017 with the clearly defined aim of protecting the copyright of its and its Contributors work. 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. We remains highly protective of photographers’ rights and will not agree to undertake editorial assignment work where the Contributors wish is to retain the copyright of their work.

We have a strong respect for our Contributors (members), as they are the sole photographers/creators/writers that made their work and who have selected/described/captioned their work to be displayed and promoted with us. For this reason, the photographs/text/captions on this website are written or approved directly by the photographers themselves and the opinions expressed in contents and story telling are those of the photographer’s own and do not necessarily reflect the opinion of OPENPAGE as an organisation.

Image Licensing

All images requested and purchased through OPENPAGE 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 OPENPAGE. The licenses serve to protect the rights of all the members and OPENPAGE, 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 email once the license has been agreed, with the full OPENPAGE terms and conditions.

Usage Rights

When an image is licensed by OPENPAGE, the usage is specified on the website order and/or on the subsequent invoice and cannot be used for any other purpose without further agreement by us.

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. We 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

OPENPAGE was founded on the ideal that photographs must not be altered, cropped or manipulated in any form without permission from us. The rights to alter any photograph rests with the photographer and OPENPAGE who will seek their opinion on any alteration request. Most alterations are granted by OPENPAGE 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 images must be reproduced with or in the spirit of the accompanying caption. If there is any doubt by the licensee, then verification agreement should be sought before publication.

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/ OPENPAGE. 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

OPENPAGE would always request at least two copies of any publication featuring an image reproduction upon publication.

Model Releases

Most of our 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 OPENPAGE 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, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold OPENPAGE 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 us in writing.
(b) the use of any Image exceeds the scope of the release provided by us.

The licensee will also indemnify and hold OPENPAGE 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. OPENPAGE liability for all claims shall not exceed in any event the total amount invoiced per particular image. We 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.

General Provisions

You shall indemnify OPENPAGE, its members, 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 unauthorised use of the content and related rights. We may amend these Copyright & Licensing terms and conditions from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. You are also responsible for ensuring that all persons acting on your behalf who access our site are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your attention is also directed to our General Business terms & conditions that can be viewed here:- Terms & Conditions

Last Update – December 2020

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