Image Use Terms and Conditions

Terms and Conditions governing the reproduction of photography of Works of Art in the National Galleries of Scotland

This Agreement represents the entirety of the Terms & Conditions between the NGS TRADING COMPANY LIMITED (herein after referred to as NGS) the company registered in Scotland (Number SC312797) having its registered address at Modern Two (The Dean Gallery), 73 Belford Road, Edinburgh, EH4 3DR (VAT Group GB100190482) and a wholly owned subsidiary of National Galleries of Scotland (Scottish Charity Number SC003728).

Permission to reproduce images will be dependent on full acceptance of these regulations and is automatically abrogated if any part is infringed.

Thank you for your request to use images from the National Galleries of Scotland Collection. Before proceeding, it is important that you read the following information so that both sides clearly understand the procedures and the rights required and supplied. Please do not hesitate to contact us if you have any questions regarding any aspects of your request. Please find the contact details below. Please quote invoice number(s) on all correspondence.

National Galleries of Scotland Picture Library, Scottish National Gallery of Modern Art,
75 Belford Road · Edinburgh EH4 3DR Scotland · United Kingdom ¦ Telephone +44 (0)131 624 6258 / 60
Email: picture.library@nationalgalleries.org

Supply of images is subject to availability. If an image has to be specially scanned, photographed or printed, there will be a delay. Materials and permissions will be sent once the completed Reproduction Application Form and payment of fees have been received. Works on loan: Applications to reproduce works on loan to the National Galleries of Scotland should be sent to the Picture Library in the first instance. Material will not be sent until the owner has granted permission and any fees have been paid. The National Galleries of Scotland does not charge a reproduction fee on loan paintings if the owner does, but will impose a handling charge for administration costs.

The Client acknowledges that the images are the National Galleries of Scotland’s valuable property, as are any digital images or any copies created from them. The National Galleries of Scotland reserve copyright on all photographic images created in the Galleries. The National Galleries of Scotland does not grant exclusive rights or rights in perpetuity unless a prior agreement has been made. A colour proof of the reproduction must be submitted to avoid costly corrections having to be made and withdrawal of permission to reproduce.

All claims of living artists, their assignees or heirs of artists who died less than 70 years ago are the responsibility of the Client. Information on artist’s copyright can be obtained from the Picture Library. (70 year rule is applicable for UK rights only - this period may vary in other countries.)

PAYMENT

Cheques must be made payable to ‘NGS Trading Company Limited’ in Pounds Sterling. Payment can also be made by major credit cards. Bank transfers may be made to Bank of Scotland, 300 Lawnmarket, Edinburgh, EH1 2PH, Sort Code 80-20-00, Account number 06166861. VAT number GB100190482

TERMS AND CONDITIONS OF SERVICE

‘Image’ means a photograph, transparency, negative, electronic image file or any other item that may be offered for reproduction. The National Galleries of Scotland reserve copyright on all images created in the Galleries and any unauthorised reproduction of such images constitutes an infringement of rights.

‘Work’ means the original work of art represented in the image.

‘Reproduction’ means any form of copying or publication of the whole or part of any image in any format, including printing, photography, slide projection, xerography, broadcast, electronic reproduction and storage (‘Digital Images’) or by any other means. Reproduction of images in electronic or digital form is subject to an additional contract.

Provision of goods and services by the National Galleries of Scotland is dependent on the full acceptance of these terms and conditions by the Client and will be automatically withdrawn should any part be infringed. No variation of these terms or conditions shall apply unless agreed in writing by both parties. In order to ensure high quality reproduction, the National Galleries of Scotland only licenses reproductions to be made from authorised photographic materials. All images will be presumed to have arrived in good condition unless the National Galleries of Scotland is notified that this is not the case within three working days of delivery, to be confirmed in writing.

Colour transparencies are supplied to the Client for a set period of time. Transparencies will be supplied with a date for return. If the material is not returned by that date additional hire fees will be incurred. From receipt of delivery, the image is the Client’s responsibility until it has been returned to the National Galleries of Scotland Picture Library. In the event of loss or damage to the image or its mount, the Client must immediately notify the National Galleries of Scotland in writing . The National Galleries of Scotland reserves the right to charge a replacement fee, based on the actual replacement cost of the image, up to a maximum of £500. The assessment of damage to image or mount is at the National Galleries of Scotland’s sole discretion. The image must be returned to the National Galleries of Scotland by a secure method that affords safety in transit and proof of delivery.

Any publication right (as defined in the Copyright & Related Rights Regulations, National Galleries of Scotland) arising in respect of any image from the use by the Client of such image is reserved by the National Galleries of Scotland and the Client hereby assigns all such rights arising to the National Galleries of Scotland. The National Galleries of Scotland retains copyright and related rights throughout the world in any digitisation created by or for the Client of the images for the full term including extensions and renewals of such rights.

The National Galleries of Scotland’s images must not be copied, stored or transmitted in electronic or other media unless by separate written permission, except where such is incidentally and wholly necessary to the process of production for products properly licensed by the National Galleries of Scotland. At the conclusion of such production, all intermediate copies of this material must be destroyed.

The supply of images from the National Galleries of Scotland does not confer the right to store or reproduce the images or make them available to the public in any medium or format, nor does the supply of images imply the availability of such rights. A fee for reproduction rights will be assessed and invoiced separately. The Client must satisfy themselves that all necessary rights, releases or consents which may be required for reproduction have been obtained in advance. National Galleries of Scotland gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, or works of art depicted in any image. In the event that the image is used or reproduced by or with the authority of the Client, then the Client shall indemnify the National Galleries of Scotland against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.

Rights licenses, if and when granted by the National Galleries of Scotland, are strictly limited to the use, period of time and territory specified on the licensing documentation and no partial or other assignment of copyright shall be implied. In the case of book production, revised editions or additional formats require a further, separate license.

Rights are granted to the Client only on receipt by the National Galleries of Scotland of full payment of the invoice, and may not be assigned, loaned or transferred to third parties, except for the exercise by the Client of such specific rights granted in the National Galleries of Scotland license.

All invoices must be settled in full before any of the order is processed and sent, using one of the methods set out above. Payment must cover the full sum invoiced plus all bank charges and local taxes.

The image must not be masked out, cut down, superimposed with type or other material, or in any way defaced or distorted without prior written agreement from the National Galleries of Scotland. The final reproduction must be no larger than the original work. A request to reproduce a detail of an image will be considered, but permission must be obtained from the National Galleries of Scotland in writing and the credit line must include the word ‘detail’.

Every reproduction must credit in full to include the following: the name of the artist, the title of the work and the relevant Gallery (Scottish National Gallery, Scottish National Portrait Gallery, Scottish National Gallery of Modern Art) as specified on the delivery note, along with any other copyright notices as required. Where images are licensed by the National Galleries of Scotland for use in digital media, the client shall provide a credit identifying the author of the images and shall provide a hyperlink to the National Galleries of Scotland website at www.nationalgalleries.org

The Client’s failure to include the specified credits will be subject to a surcharge of at least £35 per image.

Unless otherwise agreed, one complimentary copy of any product, publication or material containing a reproduction of an image must be supplied to the National Galleries of Scotland Picture Library upon publication or production, including in digital media, full access to inspect the product, with all the necessary passwords, for the duration of the license.

Products containing Reproductions of images from the National Galleries of Scotland constitute infringements of copyright unless properly licensed and in the event of the Client’s insolvency, bankruptcy or death, no transfer of ownership in rights or materials from the National Galleries of Scotland shall be deemed to have occurred other than those properly licensed by the National Galleries of Scotland. Such products may not be used to settle the Client’s outstanding liabilities without first settling any outstanding invoices due to the National Galleries of Scotland from the Client.

In the event of termination, due to any breach by the Client of the terms agreed, all rights granted under this Agreement shall immediately revert to the National Galleries of Scotland and any further exploitation of any image shall constitute an infringement of copyright.

The National Galleries of Scotland’s failure to exercise or enforce any of its rights under these Terms and Conditions (or otherwise) will not be deemed to be a waiver of any such rights nor will that failure operate so as to bar the exercise or enforcement of those rights at any future time.

The Client shall not use the National Galleries of Scotland’s name, logos or any similar name in any manner in connection with any image, except as expressly set out in these Terms and Conditions or as agreed in writing by the National Galleries of Scotland. Nothing in these Terms and Conditions constitutes a partnership, agency relationship or joint venture between the parties.

These Terms and Conditions shall be governed by the laws of Scotland and the parties to these Terms and Conditions agree to submit exclusively to the jurisdiction of the Courts of Scotland.