Terms and Conditions
HARA PARTNERS USAGE RIGHTS – IMAGE COPYRIGHT – REPRODUCTION RESTRICTIONS TERMS (“TERMS”)
IMPORTANT! PLEASE READ THESE TERMS CAREFULLY. BY ENTERING INTO ANY AGREEMENT OR CONTRACT WITH HARA PARTNERS TECHNOLOGY LLC (“COMPANY”) YOU (THE “UNDERSIGNED”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
All imagery created by Company is protected by U.S. Federal Copyright Law and may not be reproduced in any form without express written permission from Company. Specific, non-transferable usage rights may be granted to the original client/purchaser of this imagery. Company requires photo-credit (© www.harapartners.com) and requests three copies of all published materials, plus email notification of any website or internet posting, along with the URL.
Company produces original photographic imagery specifically for its clients. Imagery may be created in the form of color or black & white negatives from which prints are produced, original color (35mm) slides or transparencies, digital images and scans, or videotape. Customarily, Company retains all original negatives and digital files, releasing prints and/or modified digital files to our clients. Arrangements can be made to purchase these originals, and have them released to the original client-purchaser. When original imagery is in the form of color slides/transparencies, or digital files, only selected original images are released to the client; slide/transparency out-takes and videotapes typically are NOT retained permanently in Companies files. Selected out-take images may eventually be released for potential stock photography publishing or other usage.
The original client/purchaser is entitled to all usage rights and other courtesies granted our clients; the original client/purchaser is the party which Company recognizes as the client for whom the photography was initially created; typically this is the recipient of the invoice (except in the case of an agent who is billed on their behalf). Copyright Ownership for all imagery is retained by Company. The rights to use imagery by making reproductions from the original materials (in the form of original prints, digital files, negatives, slides/transparencies, or videotape) may be granted to the original client/purchaser through the transfer of usage rights, which become effective upon payment in full of the respective invoice(s).
The following USAGE RIGHTS are available for Company imagery:
A. PERSONAL USE: Imagery may be used ONLY for personal records, albums, home-display or archives only.
B. ONE-TIME RIGHTS: Imagery may be used only once for a single publication or campaign, for a ‘lease’ amount. All original images are to be returned after reproduction for the specified publication or campaign.
C. EDITORIAL/SERIAL RIGHTS: Imagery may be used in a single article/publication in a single periodical. All original images are to be returned after publication.
D. LIMITED RIGHTS: Reproduction and use of imagery is specifically limited by … (a) TIME, (b) TERRITORY, (c) advertising CAMPAIGN or PROMOTION or CLIENT. Applicable limits are clearly stated on the invoice or supporting paperwork. All original images are to be returned after use.
E. UNLIMITED RIGHTS: Reproduction and use of imagery is NOT limited by … (a) TIME (except by the life of the original materials or the reproduction made), (b) TERRITORY (imagery may be used anywhere worldwide), and non-transferable unlimited rights for business promotional/marketing use (display/lecture/slide show/editorial/advertising, etc.) is granted, to the original client-purchaser only. Original imagery may be permanently released to the client-purchaser.
These additional USAGE RIGHTS are typically included with the above:
A. FIRST RIGHTS – Rights which grant the opportunity for initial use of original imagery; Company will delay (typically for one year) any other or subsequent use of imagery by other clients, or through stock-photo agencies. These additional USAGE RIGHTS are available; but may not be included with the above;
B. EXCLUSIVE RIGHTS – Exclusivity in the rights granted for TIME, TERRITORY, MARKET, etc.
C. COMPUTER-REPRODUCTION RIGHTS – Rights to scan or retain the original imagery at a high, reproduction-level resolution, for storage and future reproduction from a computer file database. Unless otherwise noted, rights to scan imagery at low resolutions (+/- 72dpi for view-only / proofing / layouts) are available for all released imagery.
D. PROMOTION RIGHTS – Rights permitting subsequent use of imagery to promote the particular event, periodical, or promotional campaign in which the original imagery is initially featured.
Regardless of usage rights granted, Company requires photo-credit (in the form of © www.harapartners.com) and requests three copies of all published or printed materials containing Company imagery, plus email notification of website or internet posting, along with the URL. Firms publishing Company images without including a photo-credit/copyright will incur additional fees. All photographic-quality prints from Company images (8×10+) are to be produced only through Company, from our original negatives/files.
Usage Rights are granted and transferred to the original client/purchaser only, as listed on the invoice and supporting paperwork, and are not transferable to any third party (even if owned by, or the owners of, the original client/purchaser). Granting usage rights shall in no way restrict Company from releasing all ‘out-take’ and ‘in-camera similar’ images for potential Stock Photography publishing usage. The original client/purchaser is responsible for obtaining (directly from the subject or through the photographer), and keeping, signed model and/or property releases. If signed releases are NOT provided with the original prints/slides/negatives, it shall be deemed an indication that releases do NOT exist, and imagery usage shall be restricted accordingly. Possession of a signed model/property release places the burden of ‘appropriate’ image use on the original client/purchaser, his agents and authorized representatives.