Copyright : Terms and condition
Terms & Conditions
This web site is owned and operated by Herve Lavigne. All of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs images ("content") and software is owned by Herve Lavigne and its content providers.
To request such permission and for further enquiries, please contact Herve Lavigne, e-mail: email@example.com, telephone +33 670905521.
All elements of this Herve Lavigne web site, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Herve Lavigne, no portion or element of this web site or its Content may be copied or retransmitted via any means and this web site, its content and all related rights shall remain the exclusive property of Herve Lavigne or its licensors unless otherwise expressly agreed.
You shall indemnify Herve Lavigne, its agents and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights.
All images requested and purchased through Herve Lavigne 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, 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 Herve Lavigne terms and conditions.
Usage Rights. When an image is licensed by Herve Lavigne, the usage is specified on the invoice and cannot be used for any other purpose without further agreement by Herve Lavigne. 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. Herve Lavigne 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.
Cropping and Image Manipulation. Herve Lavigne was founded on the ideal that photographs must not be altered, cropped or manipulated in any form without permission from Herve Lavigne. The rights to alter any photograph rests with the photographer and his opinion from any alteration request. 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.
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 ©Herve Lavigne. 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. Herve Lavigne would always request at least one copies of any publication featuring an image reproduction upon publication.
Model Release. Most Magnum 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 Magnum 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 Herve Lavigne 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 Herve Lavigne in writing.
(b) the use of any Image exceeds the scope of the release provided by Herve Lavigne.
The licensee will also indemnify and hold Herve Lavigne 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. Herve Lavigne's liability for all claims shall not exceed in any event the total amount invoiced per particular image. Herve Lavigne 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.
Disputes and Claims
Any and all disputes (excluding claims arising in whole or in part, under the French Copyright), arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration under French court.