Image copyright and usage terms
Copyright is the life blood of any visual artist.The granting of licences for third parties to use photographs is the basis for the business of any photographer. This is how I feed my children and how I pay my mortgage. If someone uses one of my pictures without permission, then they are not just stealing the usage fee, they are potentially reducing the value of the picture itself, whether by a process of repetition or by comprimising any legitimate image usage deals.
Image usage terms
All of the images on this website are copyright of Bert Kiefer and bertkieferphotography..com unless otherwise credited. All rights are reserved, and no usage or reproduction of any type may be made of any image taken by or copyright to Bert Kiefer without the express permission of Bert Kiefer or one of his accredited agents.
Any usage is made under the following terms and conditions, and the use of any image, whether authorised or not, indicates a complete and unconditional acceptance of these terms and conditions.
1). Any reproduction of any image may only be made on payment of a licence or usage fee. This licence or usage fee must be agreed in advance and express permission granted before any reproduction.
2). Bert Kiefer only offers Rights Managed licences, where the fee is set depending on the usage, and territory of that usage. The licence fee for any image is based upon the standard Fotoquote image price calculator, and we will match any price given by this calculator, subject to clauses 3 and 4 below, and subject to the terms and condition contained here.
3). We do not as a policy offer low resolution web reproduction prices, prices for personal use or royalty-free images. Our minimum licence fee for any reproduction is $50 per image, per reproduction.
4). Where an image has a particular newsworthy value, exclusivity or a potential higher value for any reason, then Bert Kiefer reserves the right to charge a higher licence fee than that set out in clause 2, depending on, but not limited to, prevailing market forces, and solely at his own discretion.
5). No discussions into any variations on the above prices, re-use fees, or any volume, multiple use or re-use discounts will be entered into retrospectively, or once an image has been reproduced.
6). The right to a credit is asserted In accordance with the Copyrights, Designs and Patents Act 1998, and every image reproduction must be adequately credited. Should a client wish to reproduce any image without credit, then this may be granted in advance at the sole discretion of Bert Kiefer, but at a usage fee equivalent to licence fee +100%
Should any image be reproduced without an adequate credit, and without prior express agreement from Bert Kiefer, then the usage fee will be equivalent to licence fee +150%.
Should any image be credited to anyone else, with the intent to claim credit for any image, or to deceive as to the provenance of any image, then the usage fee will be subject to a surcharge equivalent to licence fee +400%.
7). Any digital copies of any image must be deleted immediately, once any reproduction has first been made. At his sole discretion, Bert Kiefer may allow for a digital copy of images to be kept for internal reasons, and at a fee of $50 per image per year. This fee does not include or convey any subsequent reproduction fees which must be negotiated before any usage is made.
8). Should the metadata of any digital image file be removed, deleted, or edited in any way then the usage fee will be subject to a usage fee equivalent to licence fee +100%. This includes, but is not limited to any digital or web reproduction, or any local or internal copy of any digital image held subject to the provisions of clause 7 above.
9). Bert Kiefer asserts all of his Moral Rights in accordance with the Copyrights, Designs and Patents Act 1998. This includes, but is not limited to the right to object to derogatory treatment of any image or body of images. The right to object to derogatory treatment includes, but is not limited to the absolute right to decide where his work is reproduced. At his sole discretion, Bert Kiefer may refuse the right for any reproduction of his images, for any reason, where in his opinion, that reproduction may be deemed to imply an endorsement of, or link with any product, opinion or political view. Under certain circumstances, and at his sole discretion, Bert Kiefer may waive this right for a usage fee equivalent to licence fee +500%
10). Further to clause 9 above, the right to object to derogatory treatment includes, but is not limited to the absolute right to object to the alteration or editing of any image. Consequently no alteration or editing of any image, other than cropping for publication, may be carried out without Bert Kiefer's express permission. At his sole discretion Bert Kiefer may waive this right for a usage fee equivalent to licence fee +300%
11). For the avoidance of doubt, any usage fees accrued under clauses 6 to 10 are accumulative, and each and every clause that applies will be applied in the order they appear here to each and every image use.
12). Any usage or licence fee applied to any unauthorised use of any image do not necessarily grant any rights for any continued usage of that image. Bert Kiefer, at his sole discretion, reserves the right to charge a usage fee for any usage to date, and then also demand the immediate removal or deletion of any image, or the recall destruction of any publication including, but not limited to any brochures, leaflets magazines or advertisements. Bert Kiefer will not be liable for any losses incurred through the enforcement of this clause in any way, and this clause does not limit or affect any of the conditions set out in this agreement.
13). Any image is used at your own risk. No warranty is offered or given or implied for any losses or costs of any nature, incurred by the usage of any image.This includes the costs, actions or losses of any third party for any reason whatsoever.
14). By using any image, in any way, whether authorised or unauthorised, the user warrants and agrees to indemnify Bert Kiefer for any loss or damages, of any nature, incurred through the reproduction of that image. This includes, but is not limited to loss of reputation, loss of future work, any conflict with existing or potential image licences or existing or potential exclusivity or the the costs, actions or losses of any third party for any reason whatsoever.
15). From time to time, and at the sole discretion of Bert Kiefer, these terms and conditions may change. The conditions that apply to any authorised use will be those in place at the time that the licence was granted. The continued use of any unauthorised image, indicates an acceptance of any revised terms and conditions, which will apply to the entire duration of any use.