LICENCE AGREEMENT

 

OVERVIEW

This licence agreement is made by and between Lilian Mackenzie Photography, a trading name of Lil And Jim Limited (“Company”), and you (“Licensee”). Lilian Mackenzie (“Photographer”) remains the sole and exclusive owner and holder of the copyright of all images unless stated otherwise.

By purchasing an image licence from Photographer and Company, Licensee agrees to the following terms.

 

STYLED STOCK IMAGES

For the purpose of this licence, styled stock images refer to images created by Photographer and whose licences are made available for purchase by Company through its website or affiliate sale platforms including, but not limited to, Etsy.

The Photographer grants to Licensee a non-exclusive, perpetual, worldwide, non-sublicensable and non-transferable licence to use its images under the following terms.

Licensee may:

  • use images for personal or commercial use, online and in print;
  • resize, crop or change image orientation;
  • overlay images with texts, graphics, or product designs as fits your needs.

Licensee may not:

  • otherwise alter, edit or modify the images in any way;
  • claim the images as your own;
  • sell, loan, transfer, give away the images or otherwise allow third parties to use them in any way;
  • transfer the images to clients or customers, regardless of whether you have modified the images in any way;
  • create derivative products from the images including, but not limited to, book covers (physical or electronic), art prints, printables, invitations, greeting cards, calendars, and posters, either for sale or to give away for free;
  • use the images for any offensive, illegal or pornographic purposes.

For the avoidance of doubt, Licensee may use images in client project presentations (for instance, a web designer may use the images for a website design mock up) but may not transfer the images to the client for use in their final product. Should the client wish to use the images in their products, they will need to purchase separate licences.

 

CUSTOM STYLED STOCK IMAGES

For the purpose of this licence, custom styled stock images refer to bespoke and customised images created by Photographer and whose licences are made available for purchase by Company at the express request of a Licensee.

Licensee may choose from two types of licences:

  • non-exclusive, perpetual, worldwide, non-sublicensable and non-transferable – Photographer and Company may resell the image licence to third parties;
  • exclusive, perpetual, worldwide, non-sublicensable and non-transferable – Photographer and company may not resell the image licence to third parties.

Licensee may:

  • use images for personal or commercial use, online and in print;
  • resize, crop or change image orientation;
  • overlay images with texts, graphics, or product designs as fits your needs.

Licensee may not:

  • otherwise alter, edit or modify the images in any way;
  • claim the images as your own;
  • sell, loan, transfer, give away the images or otherwise allow third parties to use them in any way;
  • transfer the images to clients or customers, regardless of whether you have modified the images in any way;
  • create derivative products from the images including, but not limited to, book covers (physical or electronic), art prints, printables, invitations, greeting cards, calendars, and posters, either for sale or to give away for free;
  • use the images for any offensive, illegal or pornographic purposes.

For the avoidance of doubt, Licensee may use images in client project presentations (for instance, a web designer may use the images for a website design mock up) but may not transfer the images to the client for use in their final product. Should the client wish to use the images in their products, they will need to purchase separate licences.

 

BESPOKE STYLING AND PHOTOGRAPHY

For the purpose of this licence, bespoke styling and photography refer to the service and resultant bespoke and customised images created by Photographer whose licences are made available for purchase by Company at the express request of a Licensee.

The Photographer grants to Licensee an exclusive, perpetual, worldwide, non-sublicensable and non-transferable licence to use its images under the following terms.

Licensee may:

  • use images for personal or commercial use, online and in print;
  • resize, crop or change image orientation;
  • overlay images with texts, graphics, or product designs as fits your needs.

Licensee may not:

  • otherwise alter, edit or modify the images in any way;
  • claim the images as your own;
  • sell, loan, transfer, give away the images or otherwise allow third parties to use them in any way;
  • transfer the images to clients or customers, regardless of whether you have modified the images in any way;
  • create derivative products from the images including, but not limited to, book covers (physical or electronic), art prints, printables, invitations, greeting cards, calendars, and posters, either for sale or to give away for free;
  • use the images for any offensive, illegal or pornographic purposes.

 

OTHER STYLING AND PHOTOGRAPHY SERVICES

All other types of styling and photography services not specified above are subject to bespoke image licence agreements and are negotiated separately. Please contact us to discuss your requirements using our website contact form or by email to lilian@lilianmackenzie.com

 

MODEL RELEASE

Licensee hereby grants to Photographer and Company the perpetual, irrevocable and unrestricted right to use and publish images, which may include Licensee and/or their products, for editorial, advertising and any other purpose, in any manner and medium, to alter the same without restriction, and to copyright the same. Licensee hereby releases Photographer and Company from any and all claims and liability that may arise out of or in connection with the use of said images.

 

RIGHT TO CREDIT

The Photographer reserves the moral rights to be identified and credited as the author of her work in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988 in all media including, but not limited to, websites, blogs, social media platforms, editorials, newspapers, and magazines. Licensee may credit images to © Lilian Mackenzie or Lilian Mackenzie Photography, link to www.lilianmackenzie.com and/or relevant social media handles (@LilianMPhoto) as appropriate.

 

SEVERABILITY

Should any provision of these Terms and Conditions be or become unlawful and/or unenforceable under applicable law, the other provisions shall remain in full force and effect.

 

{Updated: 28th March, 2016}