Please note that E10 cannot supply images to you until you have agreed to our terms and conditions, which apply to the supply of both digital images and transparencies.
“Image” means any item which may be offered for the purposes of reproduction (including where appropriate a Digital Image).
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1. Enfoque10 represents the interests of the journalists and photographers who collaborate with the
agency. The authors of texts and photographies that compose photo stories are the intellectual owners
of the works. Enfoque10 is the link between the author or authors of the photo stories and the final
client. The agency does not have the intellectual property of the article, only an explicit permission
of the author for the marketing in his name. |
2. Enfoque10 it is not responsible for the information appeared in the signed reports.
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3. The authorization
for the reproduction of Image is always strictly limited to the use or destiny, period of
time, territorial area and other circumstances specified in the budget that every potential
client would receive. Besides, the authorization will be understood always as “non-exclusive"
, except where specified as “exclusive” in the definitive contract. The exclusivity of Image
is applicable to one country and one language. Enfoque10 has the right to commercialize in
another country and another language Image whose reproduction rights have been sold in a
different country and in a different language. The price of Image sold as" non-exclusive"
can be different from that of Image sold as "exclusive".
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4. Unless otherwise
agreed in writing, the authorization for the reproduction of Image is granted for one
reproduction and for one use only, being therefore necessary a new authorization by the
agency to re-use Image. Generally, any reissue of photographic material of Enfoque10 will
be paid 50% of the original price of sale.
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5. Reproduction rights are personal to you and not assignable by you to any third party.
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6. You must credit us and the author as specified by us every time an Image is used. In no case the client is yielded the intellectual property of Image, but only the capacity of reproduction in the terms previously described.
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7. The agency neither yields - nor guarantees to possess - no right of use concerning the works of plastic art, or of any other thing, which could be reproduced in Image. For this reason, when the authorization is granted for the reproduction of Image that show other works, the reproduction rights only apply to Image provided by the agency, with independence of the possible rights that could correspond to the holders of the author's copyright of the preexisting work that appears in the above mentioned Image.
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8. The final client must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears
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9. The Image is submitted on loan at your request, on approval only. In no case the client is yielded physical property of Images
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10. The client can obtain Image in two formats: transparencies or digital.
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11. Digital Image can be of three types: low, medium, or high resolution. Low resolution Images does not possess any more than 600 K (1k = 1.024 bytes) of height; Medium resolution are up to 18 Megabytes of height (1 Megabyte = 1.048,57 Kbytes.); High resolution exceeds 18 Megabytes.
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12. Trasparencies will have to be kept diligently by the client and returned to the agency within 15 days from their delivery, whether reproduction rights are not required or granted, or within 30 days from the publication of Image in case reproduction rights are required or granted.
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13. Images belong to us. They are your responsibility from the time we despatch them until we receive them back.
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14. The non-return of trasprencies within the Return Date specified in the paragraph 12 will represent a breaking of the agreement and a serious contractual breach. After one month from the Return Date specified in the paragraph 12, the obligation of return will be understood definitively unfulfilled. In this case, client must pay us a compensation of 150 € for each Image lost. This compensation also applies in case of damage, i.e. any Image returned without its mount, or with its caption or other mount data missing or defaced,
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15. Payment of compensation does not entitle you to any additional rights in the material
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16. Client agree to destroy all Digital Images including any pre-press or pre-production copies of the Images and any copies or records of the Images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, or expiry of the licence term, whichever is later.
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17. No variation of these terms or conditions shall be effective unless agreed in writing.
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© 2005
Enfoque10.com. All rights reserved.
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