How to use and Access the Image Gallery
1. Terms and Definitions: (a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction; (b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means; (c) the Photographer (otherwise known as Kenneth Malcolm, unless otherwise notified in the caption) is the Author of the photograph or the Photographer. (d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party); (e) Kenneth Malcolm Photography administers the licensing of the works of the Photographer, Kenneth Malcolm and is a trading name of Kenneth Malcolm Photography, unless otherwise notified in the caption.(f) These terms and conditions represent the entirety of the agreement between Kenneth Malcolm Photography/Photographer specified in the caption and the Client. Any variation is only applicable when agreed in advance and in writing.
2. Copyright and Ownership of Materials: (a) The entire copyright in the pictures is retained by the Photographer, Kenneth Malcolm, unless otherwise notified in the caption, at all times throughout the world and is administered by Kenneth Malcolm Photography, unless otherwise notified in the caption; (b) Title to all photographs remains the property of the Photographer; (c) Images are licensed Exclusively to Dundee & Angus Convention Bureau for any purpose and for an unspecified period. The Licence shall also be extended to any Convention Bureau Partners/Clients at the discretion of Dundee & Angus Convention Bureau after completing the registration procedure for the image library .(d) The Photographer, as administered by Kenneth Malcolm Photography, unless otherwise notified in the caption, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Kenneth Malcolm Photography' or unless otherwise notified in the caption grant of reproduction rights in respect thereof; (e) Kenneth Malcolm, unless otherwise notified in the caption, asserts both his/their moral right to be identified as the author of his/their work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;
3. Use and Reproduction: (c) Reproduction rights are strictly limited to the use by Convention Bureau Partners /Clients for the promotion of Dundee and Angus in Marketing Materials in print and online. Where possible a credit should be given to Dundee & Angus Convention Bureau/Kenneth Malcolm Photography unless otherwise notified in the caption.
An agreement must be reached with Kenneth Malcolm Photography/Photographer before the pictures are used for a different purpose; (d) Reproduction rights are not issued exclusively to the Client (e) Reproduction rights granted are personal to the Convention Bureau Partner and may not be assigned, nor may any picture submitted to the Convention Bureau Partner/Client be loaned or transferred to third parties save for the purpose of the exercise by the Convention Bureau Partner/Client of such reproduction rights; (f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied; (g) Kenneth Malcolm Photography/Photographer and Dundee & Angus Convention Bureau reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Partner/Client;
The following terms are used when describing the reproduction rights granted by Kenneth Malcolm Photography/Photographer specified in the caption and Dundee & Angus Convention Bureau to the Bureau Partner/Client:
4. Definitions of Reproduction Rights:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client's premises; editorial use in the Client's intranet site; (b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication; (c) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.