IMPORTANT PLEASE READ - This Notice was last updated on: 15th APR 2018.
Adrian Farr ("the Photographer"), trading as 'Adrian Farr Photography' and/or ‘Adrian Farr - Visual Storyteller’ (“the Studio”, "we", "us", or "our") is the sole proprietor of this Copyright and Plagiarism Notice ("Notice"), which applies to the entire contents of this website under this domain name: www.adrianfarr.co.uk ("Website"), or any other related domains and subdomains, blogs, or social media channels operated by the Studio or used to promote its services ("Sites”), and to the supply of any services by the Studio to anyone with access to any works created by the Studio (hereafter referenced as “you”, “your” or "yourself").
It is your sole responsibility to read and fully understand this Notice before using this Website or any of its material, as this Notice is legally binding on you. This Notice includes important information regarding your legal rights, remedies and obligations, and for the purposes of transparency, your special due care and attention should be particularly drawn to the provisions; 7 (Infringements) and 8 (Enforcement).
Use of this Website indicates that you accept this Notice. By accessing any part of this Website, as well as the use, purchase or promotion of any products or services offered by the Studio, you shall be deemed to have read, understood and accepted this Notice in full. If you do not accept this Notice or agree to all provisions in full and do not wish to be bound by its conditions, then you are not authorised to access or otherwise use this Website or any of its material or features, and must therefore leave this Website immediately and cease use of any material relating to it.
Copyright © 2010-2018 Adrian Farr (Adrian Farr Photography). All artworks are the exclusive property of the Studio, and all rights are reserved and protected under UK and international law. Any unauthorised use, redistribution, copying or modification will constitute an infringement of copyright and will be subject to legal action. Commercial publication, copying, hiring and lending of any Content (as further defined below) is strictly prohibited without prior written consent from the Photographer. Obtain permission before redistributing. In all cases this Notice must remain intact. In the event any artwork or image is used without consent, a design fee and/or license fee will be enforced and legal action may also be pursued. In short, if you do not have written permission from the Photographer via a contract to use any Content, PLEASE DO NOT USE IT.
Unless otherwise stated, all and any intellectual property rights in any information or material created by the Photographer that is featured or displayed or which appears on this Website, or any other Sites used by the Studio to promote its services, including public and private groups and forums, or within the services provided by the Studio, including but not limited to; information, research, ideas, concepts, inspirations, works, images, photographs (including digital photos taken on mobile devices and digital cameras, and images that were first generated on photographic film and any digital images created from them), stills, artworks, drafts, pictures, graphics, drawings, illustrations, moving images, videos, films, movies, animations, displays, marketing materials, logos, icons, slogans, music, sound recordings, audio files, stories, literature, writings, text, copy, blog posts, menus, buttons, web pages, colours, schemes, themes, tools, fonts, contracts, legal notices, presets, actions, applications, games, designs, diagrams, templates, layouts, codings, stylings, domain names, trade secrets, methods, techniques, processes, workshops, interviews, conversations, comments, reviews, opinions, functions, downloads, software and the general look and feel of the Website (collectively referred to as “Content”) are owned by the Studio, or licensed to the Studio by our providers.
All images created by the Photographer, and/or any images/videos, including without limitation, behind the scenes footage (including any imagery captured on mobile devices), taken during any productions or photo shoots where the Photographer is leading or directing the shoot, by any freelance agents, independent contractors, assistants, or any other third parties who are commissioned as a 'work for hire', or granted permission by the Studio (whether compensated or not), are automatically owned by the Studio and protected by artistic copyright at the time of their creation (UK Copyright, digital images, photographs and the Internet). and the ownership of copyright will remain our exclusive property for the life of the Photographer, plus 70 years from the calendar year of their death. Copyright may then be transferred to a named individual(s) of the Photographer's estate, or to an art institution, according to the legal will of the Photographer. See DACS for more information.
You acknowledge that all elements of this Website, including but not limited to, the layout and general design of all of its Content, and in particular, photographic images, are subject to and protected by; trade dress laws, copyright laws, moral right laws, trademark laws and all other applicable laws protecting intellectual property rights, both nationally and internationally.
Other than for the purposes of, and subject to the conditions prescribed under UK Copyright law and similar legislation that applies in your location, and except as expressly authorised by this Notice, in the case of brief quotations embodied in critical reviews, news reporting, educational and certain other personal, non-commercial uses permitted by copyright law, you are not granted in any form or by any means, without our prior express written consent, licensing, permission and authorisation to:
In addition, you may not use any artworks or images for; stock, Etsy crafts, projects, business cards, leaflets or any other marketing material, book covers, gifts, t-shirts, bags, accessories, or any other merchandise not listed, website banners, or social media profile or cover pictures/banners.
You may view our publicly available Content on any single computer monitor, tablet or mobile phone device for personal (including educational and private research or study), non-commercial uses only. You may only share the Content via social media channels (such as; Pinterest, Facebook, Twitter, Google+ etc) and/or on guest blogs (with our prior express written consent) for personal and educational purposes only, as long as it is shared directly from and linked back to this Website, or any of our public Sites; provided this copyright Notice and any ownership, watermarks, logos, links, credits, descriptions, acknowledgements, meta-data and any other proprietary notices remain intact.
If you have collaborated with the Photographer, trading your professional services in exchange for images, then you may use the specific low-resolution images released and explicitly licensed to you for promotional, non-commercial purposes only. You may only use the images in your professional portfolio, blog, and social media channels (but not for any marketing or advertising purposes), as long as you link to this Website and identify the Photographer. You may only use certain images in your printed portfolio with our prior written consent and approval, so we may certify the print quality and ensure an authentic and professional representation of our brand. Compensation will only be granted to you in the form of any publicity gained from publication or any other press where the Photographer has submitted the images to, but acknowledgement and accreditation to you may not always be possible, depending on the type media outlet used. Unless otherwise agreed, you shall not be entitled to any other payment, consideration, compensation, commission, royalty, reimbursement or any share of any prizes or profits arising from the Photographer's use of the images, and the Studio will have no further monetary or commercial obligations to you of any kind.
You must also take reasonable steps to ensure third-party websites and users do not misuse or repost our Content from your own website, e.g. by clearly publishing your own copyright notice.
For all other uses, including advertising (anywhere you pay to have the images displayed) and uses that directly or indirectly result in commercial gain for you (monetary or otherwise), such as creating derivative works from our Content like tattoos or illustrations etc that you intend to sell, or for magazines or book cover publications etc, then you must first purchase and obtain a license from the Studio, before using and reproducing any of our images/Content for such purposes. See provision 6 (Licensing) below for more details on licensing.
You do not require a license if you intend to reference images from this Website for personal use, such as drawings, illustrations, and 3D artworks that are intended for your own personal educational studies, practice and/or leisure. However you must not; license, sell or otherwise publish or use any such derivative works in any commercial context, including but not limited to, using them on a commercial website, entering them into a magazine, exhibition, contest or competition etc, where you could benefit from monetary rewards, awards, prizes or commercial recognition or exposure; you must not ask or commission another photographer, artist, tattoo artist, graphic designer or any other creative professional, to reproduce any of our Content, or your derivative works of our Content, as that will put both yourself and them in violation of our copyright; and you must clearly identify the Photographer when publishing/sharing (both online and offline) your personal derivative works of our Content, clearly stating: "Artwork inspired by the original art and photography of Adrian Farr", with a link back to this Website: www.adrianfarr.co.uk, or the Photographer's business profile pages on social media channels such as Facebook, Twitter or Instagram, and where possible, to the original source material used for inspiration. Any and all profits that might potentially arise from any personal derivative works you create of our original Content, shall be exclusively owned by, and owed to the Studio.
The Studio reserves the right to file a UK DMCA takedown, or start a cease and desist process for copyright infringement, if you fail to comply with these terms. Continuation of any prohibited use that is not compliant with the permissions set out above after the issue of a cease and desist letter, may result in the pursuit of legal action to be taken against you.
You must apply for permission and purchase a commercial licence if you wish to use the Photographer's Content in anything from merchandise, a tattoo, a work of art, an advert or a product listing, to a book, film, website, video, promo campaign etc or anything else that has the potential to result in financial gain or commercial awareness for you. The images on this Website are not stock images or royalty-free and cannot be used for any commercial, advertising or marketing purposes whatsoever, without our prior express written consent. Any commercial or advertorial use of any Content owned by, or licensed to the Studio, is strictly forbidden without the purchase of a commercial license that has been expressly agreed by the Studio, granting explicit usage conditions, including without limitation, intended duration and distribution.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorised in writing by the Studio, shall be carried out by you for lawful purposes only and in compliance with all applicable laws. By not obtaining a license, any use of our Content, whether commercial or otherwise, may be considered in breach of our copyright, and you may be liable for monetary damages if any legal action is taken against you. If you are found to be using any Content where a model is featured and easily recognisable or identifiable, then their agency or representative will also be notified and they too may take legal action against you, for any non-authorised use of their model's likeness.
Rights and license fees vary depending on the intended use and application of the images. Not only will the Photographer need to be compensated for any commercial use, but the licensing fee shall also take into consideration fair compensation for the use of any model's likeness featured in the images, as well as any other artist that may have collaborated in the creation of the images. For example, if you intend to use our images to advertise a commercially salable product such as a dress or fashion accessory, you should normally expect to pay royalties linked to the number of units sold, or a fee calculated on a sliding scale of percentage based on your total media spend. For non-commercial products, a flat fee may often be negotiated. For more permissions and licensing requests, please email: firstname.lastname@example.org, or use the contact form below. Thank you.
We shall have the exclusive right to authorise or prohibit in our sole discretion any display, reproduction, publication, distribution, modification, licensing, creation of derivative work from, or exploitation in any way of, in whole or in part, our Content. And we shall have the right, at any time, to claim the authorship of any Content posted to or from this Website, and to object to any use, distortion or other modification of such Content. We retain copyright at all times and you may only be granted certain usage rights, unless a sale of total buyout and transfer of copyright has been made and confirmed in writing, of which the total buyout fee will be a significant sum, in order to compensate the Photographer for no longer being able to earn money from those images.
The Photographer has the legal and moral right to be identified as the author, creator and copyright owner in all and any Content shared from this Website, other Sites, or any other third-party website where our Content may be featured. Sharing any images owned by the Studio without the appropriate accreditation creates the risk of such Content being ‘orphaned’ (where the copyright owner cannot be found or identified). As such, you may be held liable for any monetary damages if you are found to be the cause of any orphaned works of our Content, regardless of your intention to do so. So please ensure you correctly identify us when sharing our Content.
You must retain and include the following credit line (or similiar) to help identify us when sharing any of our Content: Photography/Art/Story © Adrian Farr - www.adrianfarr.co.uk
Any unauthorised use, public display, copying (including plagiarism of any copy or literature) or modification of our Content will constitute an infringement and violation of our copyright and any other proprietary rights governed by UK law. Whilst copyright infringement can occur regardless of knowledge or intent, and being unaware of our copyright and licensing requirements is unfortunate, negligence does not change liability or release responsibility. If you are in any doubt whatsoever, you should always obtain written permission directly from the copyright owner (the Photographer/Studio) and where appropriate, arrange licensing agreements before using any of our images or Content.
If you use any of our Content without our authorisation, we may take legal action against you. If you are found guilty of copyright infringement or plagiarism, you could in some jurisdictions face legal charges, fines, monetary damages (including but not limited to, damages for; lost royalties, or loss of potential earnings, or loss of reputation, or payback royalties for secondary uses such as photocopying), civil and criminal penalties, or in extreme cases, even imprisonment.
We take the protection and safeguarding of our copyright very seriously because creating and selling art, photography and literature is how we earn our main trade as a business, and how the Photographer makes their living. Therefore if we discover that you have used any of our copyright protected Content in contravention of this Notice, then we will have no choice but to bring legal proceedings against you, seeking all extensive monetary damages possible and an injunction to stop you using any such Content.
If you are found using any Content in any way that has not been granted to you by the Studio or as otherwise defined in this Notice, you will be issued a legal cease and desist notification, and where appropriate, an invoice detailing charges for the unauthorised use of any Content.
Simply ceasing use of the Content does not release you of your responsibility to pay for the Content already used, as the unauthorised use will have already occurred, and so payment for that benefit and privilege will still be necessary. Failure to cease using the Content, and/or failure to settle any charges for the infringing and unauthorised use may result in further legal action, and to the fullest extent, all collected evidence will be used to support any case we pursue against you.
This Notice is intended to deter unauthorised use of our Content and to demonstrate that we are aware of our rights and take them very seriously, and will be used as evidence alongside proof of our copyright ownership, if we need to pursue any legal case against you if our Content is infringed.
Except to the extent expressly provided otherwise in this provision 11, this Notice shall be governed by, construed and enforced in accordance with the laws in the country of England (part of the United Kingdom), and you agree that English Law and the courts of England and Wales will have the exclusive jurisdiction to govern the validity, construction and performance of this Notice, without regard to its choice or conflict of law principles, and shall resolve any dispute or claim, arising out of this Notice. Non-contractual obligations (if any) arising out of or in connection with this Notice (including its formation) shall also be governed by English Law.
Any actions, disputes, claims or matters (whether contractual or non-contractual) relating to, arising out of, or in connection with this Notice, or any of the documents to be entered into pursuant to this Notice, shall be brought and heard in the courts located in, and serving the City of Norwich and County of Norfolk, where we are are currently based and located, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts. The UN Convention on Contracts for the International Sale of Goods will not apply to this Notice.
You may not assign, transfer or otherwise sublicense, any or all of your rights or obligations under this Notice, to any third-party whatsoever, without our express prior written consent.
All provisions of this Notice, wherever possible, are intended to be as broad and inclusive as is permitted by and valid under applicable English Law. If any provision of this Notice is, at any time, found to be invalid, held illegal, deemed to be unlawful, or otherwise rendered void or for any reason unenforceable by a court, tribunal or other forum of competent jurisdiction in England or Wales, then that provision shall be deemed severable from this Notice, and that decision shall not impair or affect the validity and enforceability of any remaining provisions of this Notice, which will nevertheless continue in full force and effect.
The provision in question will be reformed only to the maximum extent necessary to render it valid, legal, enforceable and permitted by law, and preserving the Studio's fundamental intentions, or if that is not possible, by substituting it with another provision that is valid, legal and enforceable that gives equivalent effect to the Studio's intent.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Notice. The language in this Notice shall be interpreted as to its fair meaning and not strictly for or against any party. In this Notice the words “include”, “including”, “includes”, “such as”, “in particular” and any similar expression are to be construed as if they were immediately followed by the words “without limitation”. The section headings are for convenience only and in no way define, limit, extend or interpret the scope of this Notice, or any section herein. The failure of any party to insist upon strict performance of any of the covenants and terms contained herein, or to exercise any right or remedy herein conferred, will in no way affect any party’s right to require performance or exercise any right or remedy thereafter.
If you believe in good faith that any materials made available on or accessible through this Website infringes upon any copyright that you own or control, you (or your designated legal agent) may file a cease and desist notification ("Letter") of such infringement as set forth below:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorised by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
If you believe in good faith that we have wrongly filed a copyright infringement against you, where we have issued you with a legal cease and desist notification and/or an invoice detailing charges for the unauthorised use of any Content, you may send your complaint and evidence supporting your counterclaim to: 9 Dolphin Road, Norwich, NR5 0UR, or via email to: email@example.com. Any evidence will be investigated by our own designated legal agent.
Please be aware that you may be liable for prosectution for false claims, and we may file a counter claim against you in any such event. Therefore we suggest you seek legal advice before filing any such claims or counterclaims for copyright infringement.
If you become aware of any use of our Content that contravenes or may contravene the Notice above, please report this by email to: firstname.lastname@example.org, or by post to: 9 Dolphin Road, Norwich, NR5 0UR. Thank you for your compliance with our Copyright & Plagiarism Notice.
You may print, download or otherwise retain a single copy of this legal Notice (and of any revised version) for your own records only. For any other enquiries regarding copyright or image licensing, please email: email@example.com, or complete the contact form below.