Conditions and Terms of use.

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Conditions and terms of use of images without watermarks.

Marc-André Pauzé remains highly protective of his rights, and will not agree to undertake editorial assignment work where the client wishes to hold the copyright subsequently. Marc-André Pauzé remains at the forefront of the campaigns for photographers’ rights generally, and is aggressive in pursuing circumstances where it perceives the copyright of his work has been breached and where it perceives the law has been broken.

Image Licensing

All images requested and purchased through Marc-André Pauzé 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. The licenses serve to protect the rights of the photographer, 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 post or email once the license has been agreed, with the full Name of photographer terms and conditions.

Usage Rights.

When an image is licensed by Marc-André Pauzé, the usage is specified on the invoice and cannot be used for any other purpose without further agreement by the photographer. The license will state the media use, language rights and the territories for the usage.

Usage Fee.

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. Marc-André Pauzé 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.

Captions

All image must be reproduced with or in the spirit of the accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication. For example, an image of a doctor on a lunch break looking tired, cannot be captioned by the licensee as a lazy doctor taking time off when they should be working.

Credit Lines

With all editorial rights managed photography, the photographer should be credited with any reproduction of their work. The credit line should read © Marc-André Pauzé. 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.

Published Images

Marc-André Pauzé would always request at least two copies of any publication featuring an image reproduction upon publication.

Model Release

Most of Marc-André Pauzé’s work is of a documentary nature, whereby the photographer is documenting the world around him. This style of photography does not lend itself to the obtaining of model releases or other releases. Unless specified by Waseya-Images 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, art animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Marc-André Pauzé 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 Marc-André Pauzé in writing.

(b) the use of any Image exceeds the scope of the release provided by Marc-André Pauzé.

The licensee will also indemnify and hold Marc-André Pauzé 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. Marc-André Pauzé’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. Marc-André Pauzé 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.

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