professional  photography

The UK COPYRIGHT, DESIGNS & PATENTS ACT (1988), gives all photographers certain rights to control the way in which their photographs may be used.
Under UK law copyright © OF ANY PHOTOGRAPH automatically belongs to the photographer whether he has been commissioned to create the photographs by a client or whether he creates the photograph himself.
A license issued as Conditions of Use / Terms of Agreement by Dirk van der Werff / Aquilegia Photographic Ltd allows us to retain the copyright © in our work while allowing our clients to use the photography for specific reasons.
Photographs are effectively ‘hired’ for use under terms which are as specific or as broad as necessary for ourselves and our client.
Our license issued as Conditions of Use / Terms of Agreement could cover once only use in the UK for newspapers, or specific use of a series of images for use in client brochures, pr use, but could be expanded to use in advertising, front covers, websites, stock use and any amount of other uses - as long as agreement is met on the use of such images aside from those already agreed when you commission us to create images on your behalf.
Specific terms may include exclusivity. In all cases, the copyright © of the photographs remain with the photographer or photographic company.
If you use our photographs outside the terms of the license assigned to you by Aquilegia Photographic Ltd / Dirk van der Werff, you are breaking UK copyright © law and will be subject to further invoices and additional payments due.
In extreme circumstances, where breach of copyright and Conditions of Use are flagrantly abused, court action to retrieve monies owed may ensue.

Full disclosure certificate - cleared to work with children and young adults

DIRK VAN DER WERFF
Principal Photographer

2002 / 2003 / 2004 / 2005 / 2006 / 2007 / 2008 / 2009

 

IF I AM UNHAPPY ABOUT MY IMAGES TO WHOM SHOULD I COMPLAIN AND HOW?

If you are unhappy about the images provided please contact Dirk van der Werff within 5 working days. This is sufficient time for you / and or your own client to assess the images proivided. If the images are supplied to your brief (however, and especially 'brief' then they are) considered as 'supplied true to brief'. If exact, and exacting images are required then a full brief in written form about all aspects of lighting, content and a visual / visuals should be supplied - I am happy should a member of staff wish to oversee the shoot. Three images from the shoot will be supplied by e-mail for you and / or your client to approve the rest of the shoot. If accepted, the complete commission will go ahead and be suppied.
If, later, the images are rejected, full payment for a reshoot is payable, before the new images are handed over.

IF I PAY FOR EMAIL JPEGS AND OR CDS OF IMAGES, DO I OWN THE COMMISSIONED PHOTOGRAPHS OUTRIGHT?

Absolutely Not!
Copyright © relates to the image, not to the CD or e-mailed JPEG. You are paying for the cost of delivery and materials in addition to the time taken to capture and or create your image(s)
A photograph is copyright © regardless of whether it’s in the form of a digital file, a negative, or print, or transparency.
In UK law, copyright ©automatically belongs to
Aquilegia Photographic Ltd / Dirk van der Werff unless we agree (in writing) to transfer its ownership to our client.

CAN I BUY THE COPYRIGHT?

No. But we can allow you to use images created on your behalf for almost any situation - as long as you pay for the use of those images for different projects.
Photographers always retain the copyright © of their images.
One advantage of licensing an image or images under our Condtitions of Use / Terms of Agreement is that you don't pay for images you don't need.
This helps keep your cost down but being able to negotiate extra usage of the images in the future.

OTHER PHOTOGRAPHERS DON'T HAVE CONDITIONS OF USE / TERMS OF AGREEMENT / LICENCES - WHY YOU?

Some photographers are not familiar with the Copyright Act, have no professional standards and are happy to let their images be used and abused by anyone for a one off fee. Please feel free to use them.

We feel that all professionals in the media already understand that images cannot just be used for one project and re-used for another project UNLESS there is an agreement about their use and that payment is made.
Unless you have written agreement to the contrary, by law the copyright in any photograph still belongs to the photographer, regardless of any verbal agreement.
Using copyright © images with no clear licensing agreement leaves you, the client, open to all kinds of potential disagreements later on. It’s in the interests of

Both client and photographer to be clear about the terms of a license, thereby protecting both parties from any future dispute.

CAN I RE-SELL PHOTOGRAPHY THAT I’VE COMMISSIONED?

Not unless Aquilegia Photographic Ltd / Dirk van der Werff has explicitly agreed to allow syndication of images.
Selling copyright © images without the consent of the copyright owner is illegal.

WHAT ABOUT USE ON THE WEB?

Copyright applies regardless of the medium in which photography is stored or published. Please ensure you are allowed to use the images you commission if web use is intended.

IF PHOTOGRAPHS ARE SUPPLIED TO ME ON CD, CAN I MAKE EXTRA COPIES?

Only if doing so doesn’t infringe the terms of your license agreement Aquilegia Photographic Ltd / Dirk van der Werff .
Regardless of what format a photograph takes – e-mailed JPEG image, images downloaded from our website, or whether supplied on CD, possession does not grant YOU the right to reproduction - IN ANY FORM.
You specifically are NOT ALLOWED to make prints at any 'FastPhoto' booth whether in the high street or ASDA, TESCO or some similar place WITHOUT an agreement and appropriate payment.
This restriction includes making copies of digital files (duplicating CD's) and colour laser copies. THIS IS IMAGE THEFT, JUST AS SURELY AS SHOPLIFTING IS PRODUCT THEFT, AND IS ILLEGAL AND PUNISHABLE BY LAW.
It is YOUR / THE CLIENT'S responsibility to ensure that the Terms and Conditions of Use are followed.

 

A written licence agreement is like hiring a car. You wouldn't buy a car for your two week holiday abroad, you'd hire one. You sign a contract which allows you to use the car only for the period you need it for. When you need to use someone's photographs, you "hire" them for a specific reason and for an agreed period of time by paying for a licence from the copyright owner (the photographer). This way, you are legally entitled to use the photos under the terms of the licence, but you only pay for what you need. In the same way as you'd extend your car hire agreement if you decided to stay an extra week, photography licence agreements can be extended too - but you're still only paying the much smaller "hire" fee, not paying for the whole car!

WHY is Aquilegia Photographic Ltd / Dirk van der Werff SO CONCERNED ABOUT COPYRIGHT ©?

Copyright © has always been important, because it acknowledges the right of Aquilegia Photographic Ltd / Dirk van der Werff to be recognised as the author of work.
Recent advances in technology make it more difficult for photographers to prevent copyright © violation.
With the world wide web, colour laser copiers, CD duplicators and desktop scanners, illegal copying and reproduction of copyright © material is on the increase.
UK copyright © law, combined with effective licensing folowing our Conditions of Use and Terms of Agreemnent, allows
Aquilegia Photographic / Dirk van der Werff to retain our rights.

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ALL PHOTOGRAPHS © Dirk van der Werff. Images cannot be reproduced without permission.
© 2002 2003 2004 2005 2006 Aquilegia Photographic Ltd / website design by Dirk van der Werff

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dirk van der werff professional  photography