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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 03 Nov 2014 (Monday) 16:38
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T & C provisoes clarification

 
Alveric
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Nov 03, 2014 16:38 |  #1
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The provisoes:

8. Loss or Damage: Client assumes all risk for loss or damage to any image, regardless of format, supplied by Licensor until Client returns the image to the possession and control of Licensor. If a duplicate image is lost, Client and Licensor agree that the reasonable value of each duplicate is $500. If an original image is lost or damaged, regardless of cause, Client and Licensor agree that the reasonable value of each original image is $2500. Client agrees to pay Licensor $2500 for each lost or damaged original image and Licensor agrees to limit his claim to $2500 without regard to the actual value of the image. An image will be considered an original if no high reproduction quality duplicate exists or in the case of an image or images captured digitally, if no high-resolution duplicate digital file exists.

9. Return of Images: Client assumes all risk for the image(s) as defined in paragraph eight above. Unless otherwise stated on the front of this Agreement or on a related delivery memo, Client shall return the image(s) in its original form within 30 days after the first publication or use of the image, whichever occurs first. Client warrants that it will not retain any digital scans, or any digital copies of any image after the images are deemed returned, as defined in this paragraph. Client further warrants that it will not change, remove or alter the metadata from the image without Licensor’s permission prior to returning the image as defined in this paragraph and that doing so violates the Copyright Act.

I'm bumfuzzled, especially by #8. What would 'loss or damage of an image' mean in this case?

Thoughts?


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dodgyexposure
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Nov 03, 2014 20:11 |  #2

Sounds (reads) like fairly typical lazy drafting - someone has adapted a licence agreement from another subject to use in digital imaging, without really thinking about whether or how a particular provision might apply to digital images.


Cheers, Damien

  
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T & C provisoes clarification
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