LICENCE FOR THE ELECTRONIC USE OF IMAGES (ON-LINE)
Licensee:Licensee's address:
Images:
(being photographs of works in the Museum’s collection)
Website or other details:
The Term:
Licence Fee per Image: / (plus VAT if applicable)
Total Fee:
Signed for and on behalf of the Museum: ______
Date: ______
Signed for and on behalf of the Licensee: ______
Date: ______
This licence is governed by the terms set out overleaf which may not be altered in any particular without written consent of the Museum.
TERMS AND CONDITIONS FOR THE ELECTRONIC USE OF IMAGES(ON-LINE)
1.Portsmouth Museums and Records Service [PMRS] agrees to grant to the person or company namedoverleaf ('the Licensee') a non-exclusive licence in the territory specified over-leaf to scan the photographic images described overleaf or those provided by PMRS ('the Images') onto anelectronic database under the Licensee's control for the sole purpose of allowingthe Images to be viewed on the website specified overleaf ('the Website') forthe term specified overleaf.
2.This licence is granted subject to the following conditions:
(a) no re-use or further reproduction of the Images is permitted except onpayment in advance of additional fees;
(b) no copy of the Images shall be of any greater resolution than [640 x 480]pixel resolution;
(c) the Licensee may not copy any version of the Images other than the transparencies or other versions delivered by PMRS for the purpose. Anysuch original transparencies or other versions of the Images shall be returnedPMRS no later than 5 working days after they have been recordedby the Licensee pursuant to (a) above. The Licensee shall be fully liablefor any loss or damage to such transparencies or versions while they arein the Licensee's possession or control;
(d) the Licensee shall encrypt the digitised Images using an agreed unique encryption code or watermark which is traceable on all copies;
(e) the Licensee hereby assigns the entire copyright and any similar rightsthroughout the world in any digitisation of the Images created by or for theLicensee for the full term of such copyright and similar rights including extensions and renewals;
(f) if the Images or any work reproduced in the Images have not previouslybeen published then any publication rights therein are hereby assignedabsolutely to PMRS for the full period of such publication rights;
(g) the Licensee warrants that it has or shall have obtained all necessary permissions from the owner of any copyright in the work recorded in the Imageand indemnifies PMRS against all costs, damages and expenses whichthe PMRS may incur as a result of failure to obtain such permissions;
(h) all displays of the Images on screen shall be accompanied by (i) a copyrightnotice prohibiting any form of reproduction, transmission, performance,display, rental, lending or storage in any retrieval system without the consentof the copyright holders; and (ii) a credit acknowledging that the Imageshave been used with the permission of PMRS, such credit to be ofa size and in a place to be agreed; and (iii) a credit in a form to be agreedidentifying the author of the Images;
(i) on expiry of the Term all copies or records of the Images made under this licence shall be erased from the Licensee's database and a certificate provided to PMRS to that effect, unless a further production run is agreed and the relevant additional fees paid;
(j) no adaptation, alteration or manipulation whatsoever of any of the Images is permitted without the prior written consent of PMRS;
(k) the licence may not be assigned, transferred or sub-licensed without the prior written consent of PMRS; and
(l) the Licensee shall inform PMRS of any unauthorised use in any of the Images as soon as it becomes aware of the same.
3. In consideration of this licence, the Licensee shall pay PMRS the licence fee set out overleaf. The licence fee applies to this licence only. The said sum is exclusive of VAT which shall be payable in addition at the rate and in the manner prescribed by law. The licence fee shall be payable prior to delivery of the Images to the Licensee. The licence fee does not include print fees and hire charges, which may be invoiced by PMRS in addition.
4. This licence may be revoked at any time if the Licensee is in breach of any of its terms.
- This licence shall be governed by the laws of [England and Wales].