Photographic Art and our Photographic Contributors (members) are the two main pillars of our organisation, but because of our extended customer services it is also becomes a matter of a commercial business. The provision of a set of standard rules with respect to these business activities thus become a requirement and necessary. To this end, these are the Copyright & Licensing Terms and Conditions on which covers OPENPAGE-STUDIO and its trading name, including OPENPHOTO-Store and our Contributors works and property. OPENPAGE-STUDIO which is also referred to in this document as; OPENPAGE, of which the two terms refer to one in the same organisation. OPENPAGE is also referred to as “we” or “us” in the document. You can contact us by emailing at: firstname.lastname@example.org
OPENPAGE was established in 2017 with the clearly defined aim of protecting the copyright of its and its Contributors work. Copyright laws around the world now offer statutory protection for the copyright of photographers' work except where photographers have willingly agreed to part with the copyright to a client. We remains highly protective of photographers' rights and will not agree to undertake editorial assignment work where the Contributors wish is to retain the copyright of their work. We have a strong respect for our Contributors (members), as they are the photographers that made their work and selected it at the time. For this reason, the picture captions on this website are written or approved directly by the photographers themselves and the opinions expressed in captions and story text are those of the photographer’s own and do not necessarily reflect the opinion of OPENPAGE as an organisation.
All images requested and purchased through OPENPAGE are offered on an individual license basis - sometimes referred to as Rights Managed Licensing. The copyright of the image is always retained by the photographer and OPENPAGE. The licenses serve to protect the rights of all the members and OPENPAGE, the licensee and even the subject matter of the images. Rights management has advantages for the licensee as it can be used to limit the use of a particular image, even allowing the use to be licensed exclusively, which effectively embargoes the use of the same image within the requested media. When an image is licensed, there will be standard terms and conditions outlined with your specific usage rights. This will be sent to you by email once the license has been agreed, with the full OPENPAGE terms and conditions. Usage Rights When an image is licensed by OPENPAGE, the usage is specified on the website order and/or on the subsequent invoice and cannot be used for any other purpose without further agreement by us.
A fee is generally payable to license any rights managed image. The fee is based on how the image is going to be used. This will be calculated by such factors as the print run, media, the reproduction size, and territory distribution and whether the requested use is exclusive or non-exclusive. We calculate this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license.
Printed Photographs, framed or unframed sold via our websites have a Usage Licence Fee automictically applied within the overall selling price. This License is for the personal use and responsibility of the Buyer that the artwork will not be copied or reproduced in anyway, or the Licence transferred to others without permission of OPENPAGE.
Cropping and Image Manipulation
OPENPAGE was founded on the ideal that photographs must not be altered, cropped or manipulated in any form without permission from us. The rights to alter any photograph rests with the photographer and OPENPAGE who will seek their opinion on any alteration request. Most alterations are granted by OPENPAGE photographers, but it is necessary to submit a request before the image is reproduced as this may affect the terms of the license and result in an additional charge on top of any agreed usage fee.
All images must be reproduced with or in the spirit of the accompanying caption. If there is any doubt by the licensee, then verification agreement should be sought before publication.
With all editorial rights managed photography, the photographer should be credited with any reproduction of their work. The credit line should read © photographer's name/ OPENPAGE-Studio. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line.
OPENPAGE would always request at least two copies of any publication featuring an image reproduction upon publication.
Most of our photographers' work is of a documentary nature, whereby the photographer is documenting the world around them. This style of photography does not lend itself to the obtaining of model releases or other releases. Unless specified by OPENPAGE in writing, no model releases or other releases for any images. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold OPENPAGE harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:
(a) no release was furnished by us in writing.
(b) the use of any Image exceeds the scope of the release provided by us.
The licensee will also indemnify and hold OPENPAGE harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. OPENPAGE liability for all claims shall not exceed in any event the total amount invoiced per particular image. We makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.