Terms and Conditions
These Terms and Conditions govern the purchase and reproduction of images from The Fitzwilliam Museum Image Library:
- No digital image supplied may be published or reproduced without prior permission from The Fitzwilliam Museum Image Library, hereafter referred to as the 'Image Library'.
- The copyright in all the images remains the property of The Fitzwilliam Museum, University of Cambridge, hereafter referred to as the 'The Fitzwilliam Museum'.
- As a condition precedent to the Client’s reproduction of supplied image/s as detailed in the Licence Agreement:
a. for reproduction of images of works that are in copyright, the Client undertakes to approach the copyright holder of such a work, in many instances the artist or their estate or authorized representative such as a collecting agency, agent or lawyer, for their permission to reproduce an image of that work based on the Client's specified usage. The Fitzwilliam Museum does not make or give any express or implied warranties that any rights to reproduce a work that is in copyright and is depicted in the supplied image/s have been granted nor does it purport to grant the same nor does it warrant that no third parties own rights in the work therein depicted; and
b. for reproduction of names, persons or trademarks depicted in the supplied image/s, the Client undertakes to approach the relevant rights holder/s for their permission to reproduce an image of that third party material based on the Client's specified usage. The Fitzwilliam Museum makes no claim or warranty with regard to the use by the Client of names, people or trademarks depicted in any supplied image/s including model releases nor does The Fitzwilliam Museum purport to grant such rights.
The Client shall indemnify The Fitzwilliam Museum against any loss, damage, proceedings or costs arising where such rights, releases or consents have not been obtained or where any supplied image/s is used in a manner which infringes the rights of a third party. Where the owner of rights in third party material is not known and cannot be ascertained on reasonable enquiry, the Client agrees to clear all rights and pay all fees that may become due in respect of use of such third party material and to indemnify The Fitzwilliam Museum in respect of all liabilities that may arise in relation to the Client’s use of such material.
- All reproductions must credit the artist or maker in full (as appropriate), the title of the work, and carry the copyright notice "Reproduction by permission of the Syndics of The Fitzwilliam Museum, Cambridge" or "© Fitzwilliam Museum, Cambridge".
- It shall be the sole responsibility of the Client to ensure that, in its use of the supplied image/s, it does not:
a. defame, libel or slander any person;
b. infringe any rights of privacy, confidentiality or publicity of any person or any similar, analogous or related personal rights;
c. infringe any copyrights, trade marks or other rights of any person; or
d. breach any relevant laws, rules, codes or guidelines, and no approval by The Fitzwilliam Museum or evidence or any proposed use of the supplied image/s shall relieve the Client of the foregoing responsibilities.
The Client agrees that The Fitzwilliam Museum shall have no responsibility or liability of any nature whatsoever concerning the foregoing matters in this Clause 5.
- The Image Library requires pre-payment for all orders and permission to reproduce is subject to all fees being paid in full. A pro-forma invoice can be supplied on request.
- VAT, at the prevailing rate, will be charged in addition to the quoted fees. EU orders (excluding UK) may omit VAT if the Client's EU VAT code is quoted on the order form. The Image Library VAT No. is GB 823 8476 09.
- New photography will not be undertaken until payment has been received in full. Up to 28 days should be allowed for the delivery of digital images from the date of payment.
- The reproduction rights granted are on a non-exclusive licence basis.
- Permission to reproduce the images is strictly limited to the specific use detailed in the Licence Agreement. All reprints, further editions, or use of supplied image/s other than for the purpose for which permission is granted necessitates a new application to the Image Library and payment of a further fee.
- No rights granted may be assigned, loaned or transferred to any third party, save for the exercise of those rights for the specific use/s or product/s as detailed in the Licence Agreement.
- If any publication right as defined in the UK Copyright and Related Rights Regulations 1996 SI 1996/2967 or any analogous right in any part of the world arises in the Client's use of the supplied image/s, the Client hereby assigns all such right/s absolutely to The Fitzwilliam Museum for the full term or such right/s.
- In the case of certain scholarly monographs and articles in periodicals the Director of The Fitzwilliam Museum may, at his discretion, waive the reproduction fee. The Director's decision in all matters of reproduction fees is final. Where a reproduction fee is waived or educational fees allowed, the Image Library requires a copy of the publication to be sent for its Reference Library, addressed to the Image Library.
- Any reproduction must be a true representation of the original work.
- The image of the work must not be masked out, cut down, superimposed with type or other material, or in any way defaced without prior approval from the Image Library.
- No manipulation of the image, other than for colour correction, is allowed without prior approval and based on the submission of artwork detailing the proposed changes.
- In order to ensure that the colour reproductions are as accurate as possible, the Image Library reserves the right to request a colour proof of any reproduction of the image prior to printing. The Syndics of The Fitzwilliam Museum reserve the right to withdraw permission to reproduce if, after correction, the reproduction is judged to be unsatisfactory.
- Where only a part of a work of art is reproduced permission must be sought in advance from the Image Library, and the word "detail" must be included in the caption.
- Reproduction of items in The Fitzwilliam Museum collections from images other than those supplied by the Image Library is not permitted.
- Reproduction from low resolution digital images or microfilm is not permitted with the exception of website use or multimedia products, where the file resolution must be 72dpi.
- Photographs or digital images cannot be supplied to individuals or companies operating a photographic hire or sales service.
- No photograph supplied for publication may be stored in a digital archive unless by special arrangement.
- The Fitzwilliam Museum may terminate these Terms and Conditions and any licence granted under these Terms and Conditions immediately by notice in writing to the Client if the Client:
a. is in breach of any of either the terms of the licence and/or these Terms and Conditions and, in the case of a breach capable of remedy, fails to remedy such breach within thirty (30) days of receipt of written notice giving full particulars of the breach and of the steps required to remedy it; or
b. being a company passes a resolution for winding up other than for the purposes of a solvent amalgamation or reconstruction or a court makes an order to that effect;
c. being a partnership or other unincorporated association is dissolved or being a natural person dies; or
d. becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or
e. has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or
f. ceases or threatens to cease to carry on business; or
g. any analogous event occurs under insolvency laws applicable to the Client.
In the event of termination pursuant to this Clause 23, the Client shall as requested by the Fitzwilliam Museum promptly return to The Fitzwilliam Museum or delete and/or destroy and confirm in writing that it has deleted and/or destroyed all copies of the supplied image/s which the Client may have in its possession or under its control; the Client shall cease all use of the supplied image/s; and all rights of The Fitzwilliam Museum including any right to damages of The Fitzwilliam Museum shall survive the termination of these Terms and Conditions and any licence granted under these Terms and Conditions.
- The Client agrees to indemnify The Fitzwilliam Museum in respect of all and any claims, losses, damages or costs arising in any manner howsoever from the reproduction of the supplied image/s including but not limited to the Client’s failure to obtain licences, consents, permissions or clearances as are necessary to reproduce the supplied image/s.
- The Fitzwilliam Museum shall not be liable for any consequential, indirect, incidental, economic or financial losses or loss of profits in connection with the supply or use of the supplied image/s. The liability of The Fitzwilliam Museum howsoever arising from or in connection with the supplied image/s whether for breach of contract, negligence, misrepresentation or otherwise is limited in aggregate to the reproduction fee paid. The above exclusions apply to the fullest extent permissible at law but The Fitzwilliam Museum does not exclude liability for death or personal injury caused by the negligence of The Fitzwilliam Museum or for fraudulent misrepresentation.
- All terms, conditions, warranties, representations or guarantees whether express or implied by statute, common law or otherwise relating to delivery, description, performance, quality or fitness for purpose of the supplied image/s are hereby excluded.
- These Terms and Conditions and any licence granted under these Terms and Conditions supersede all other arrangements or agreements whether oral or in writing between The Fitzwilliam Museum and the Client as to the supplied image/s and their reproduction.
- Variations, amendments, additions and deletions to the terms of these Terms and Conditions may only be made if agreed in writing by the Fitzwilliam Museum and the Client.
- If any provision of these Terms and Conditions is determined by any competent authority to be illegal, invalid or unenforceable such provision shall to the extent required be severed from these Terms and Conditions and the remaining provisions will continue in force and effect.
- No person who is not a party to these Terms and Conditions has the right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
- These Terms and Conditions and any licence granted to reproduce The Fitzwilliam Museum’s images shall be governed by and construed in accordance with English law. All transactions to which these Terms and Conditions apply and all matters connected therewith will also be governed by English Law. The Fitzwilliam Museum and the Client irrevocably agree that the courts of England are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions and any licence granted under them.