Terms and Conditions
The Radical Images web site is operated by the Radical Images collective. 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 Radical Images and/or its content providers.
All elements of the Radical Images web site, including, but not limited to, the general design and the content, are protected by trade press, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Radical Images, 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 Radical Images or its licensees unless otherwise expressly agreed.
You shall indemnify Radical Images, its agents and licensees 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 unauthorised use of the content and related rights.
Privacy Policy
Radical Images does not sell or rent information about our customers to any third parties. All information supplied to us, including your email address and telephone number, is used for internal purposes only, in order to keep you updated with the latest news, promotions, and updated web site information. we also use your account information to personalise content and the services offered to you. Your web site activity is anonymously recorded in order to improve the functionality of the web site and our service. Any payment information submitted to Radical Images is retained in the off-line Accounts.
Cookies are used by the web site only to establish your user ID when you log-in to the web site in order to alleviate the process of re-submitting your user ID and password every time you enter the web site. A cookie is a small file that is downloaded from this web site into your hard drive automatically.
Radical Images will periodically send email updates regarding new features, exhibitions or web site information that may be of interest to you. If you do not wish to receive these emails, please reply to the sender and you will be removed from future lists.
Copyright
Radical Images photographers set up their website, with the clearly defined aim of protecting the copyright of "their work". Further, the copyright laws around the world now offer statutory protection for the copyright of photographers' work except where Radical Images has willingly agreed to part with the copyright to a client. Radical Images photographers remains highly protective of their rights, and will not agree to undertake editorial or other media assignment work where the client wishes to hold the copyright subsequently. Radical Images remains at the forefront of the campaigns for photographers' rights generally, and is aggressive in pursuing circumstances where it perceives the copyright of their work have been breached and where it perceives the law has been broken.
Image Licensing
Images requested and purchased through Radical Images are offered on an individual license basis - either as Rights Managed Licensing, Royalty Free Licence or a Creative Commons licence. The copyright of the image is always retained by the photographer. The licenses serve to protect the rights of the photographers supplying images to Radical Images, 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 terms and conditions.
Usage Rights. When an image is licensed by Radical Images, the Usage is specified on the invoice and cannot be used for any other purpose without further agreement by Radical Images. The license will state the media use, language rights and the territories for the Usage. On all images supplied by Radical Images are copyrighted, you must have permission to use the image from Radical Images even if there is no fee involved or it is going to be used under a creative commons license.
Usage Fee. A fee is generally payable to license any rights managed image, or royalty free 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. Radical Images calculates 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. As a guide we work on the NUJ Freelance rates.
Cropping and Image Manipulation. Radical Images works on the ideal that photographs must NOT be altered, cropped or manipulated in any form without permission from Radical Images. This is extremely important to us as creative cropping can be used to take the image out of context and would no longer represent the true nature of the scene that the photographer recorded. The rights to alter any photograph rests with Radical Images and the photographer and you will seek their opinion in any alteration request. Today, many alterations are granted by Radical Images, 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.
Captions. All images 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 workman on a lunch break looking tired, cannot be captioned by the licensee as a lazy workman taking time off when they should be working.
Credit Lines. With all editorial rights managed, Royalty Free or Creative Commons licensed photography, Radical Images photographers should be credited with any reproduction of his work. The credit line should read ©photographername/Radical Images. 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. An additional fee of up to 50 percent will be charged for non credit per image.
Published Images. Radical Images always requests at least two copies of any publication featuring an image reproduction upon publication.
Model and Property Release. Most of the work covered by Radical Images collective is of a documentary or reportage nature, whereby they are documenting the world around them, or reporting on events that they witness. This style of photography does not lend itself to the obtaining of model releases, property release or other releases. Unless specified by Radical Images in writing, no model releases, property 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 Radical Images and it's photographers 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 Radical Images in writing.
(b) The use of any Image exceeds the scope of the release provided by Radical Images.
The licensee will also indemnify and hold Radical Images and its photographers 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. Radical Images liability for all claims shall not exceed in any event the total amount invoiced per particular image. Radical Images 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.
