Terms and Conditions
This website has been produced by the Philip Jones Griffiths Foundation. All photography and production copyrights are held exclusively by the Philip Jones Griffiths Foundation and it’s representatives. No content may be copied from this website.
All content of this website, including, but not limited to, the design and the content, are protected by trade names, copyright, moral rights, trademark and other laws relating to intellectual property rights. No material from this site may be copied, reproduced, stored in any retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise, without prior permission in writing from the Philip Jones Griffiths Foundation.
Liability of Philip Jones Griffiths Foundation
Philip Jones Griffiths Foundation aims to provide information that is complete and accurate. Philip Jones Griffiths Foundation can never be held liable for the accuracy of the information and does not accept any liability for the consequences of the use or the incompleteness of the information, in any manner whatsoever. This also applies regarding the copying of data and regarding the errors that appear due to technical and/or other circumstances which lead to errors and incompleteness of data.
Legal action and applicable law
In case of any violation of the provisions as stated above, Philip Jones Griffiths Foundation and Magnum Photos will not hesitate to take legal action. This disclaimer is governed by UK law.
You shall indemnify the Philip Jones Griffiths Foundation, 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.
Magnum and Copyright
Magnum Photos was established in 1947 with the clearly defined aim of protecting the copyright of its members’ work. Since then much has changed, and the copyright laws around the world now offer statutory protection for the copyright of photographers’ work except where photographers have willingly agreed to part with the copyright to a client. Magnum remains highly protective of photographers’ rights, and will not agree to undertake editorial assignment work where the client wishes to hold the copyright subsequently. Magnum remains at the forefront of the campaigns for photographers’ rights generally, and is aggressive in pursuing circumstances where it perceives the copyright of its members’ work has been breached and where it perceives the law has been broken.
All images can be requested and purchased through Magnum Photos and 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 and Magnum Photos. The licenses serve to protect the rights of all the photographer, Magnum Photos, 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 Magnum Photos terms and conditions.
When an image is licensed by Magnum Photos on behalf of Philip Jones Griffiths Foundation, the usage is specified on the website order and/or on the subsequent invoice and cannot be used for any other purpose without further agreement by Magnum. The license will state the media use, language rights and the territories for the usage.
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. Magnum Photos and Philip Jones Griffiths Foundation 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
Magnum Photos was founded on the ideal that photographs must not be altered, cropped or manipulated in any form without permission, this is applicable to Philip Jones Griffiths Foundation. The rights to alter any photograph rests with the Philip Jones Griffiths Foundation and Magnum Photos will seek their opinion on 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.
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 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.
With all editorial rights managed photography, the Philip Jones Griffiths Foundation should be credited with any reproduction of the work. The credit line should read © Philip Jones Griffiths Foundation/Magnum Photos. 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.
Philip Jones Griffiths Foundation would always request at least two copies of any publication featuring an image reproduction upon publication.
Most of Philip Jones Griffiths’ 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. 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 Philip Jones Griffiths Foundation 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 Philip Jones Griffiths Foundation or Magnum in writing.
(b) the use of any Image exceeds the scope of the release provided by Philip Jones Griffiths Foundation or Magnum.
The licensee will also indemnify and hold Philip Jones Griffiths Foundation 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. Philip Jones Griffiths Foundation’s or Magnum’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. Philip Jones Griffiths Foundation / Magnum make 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.
Copyright Infringement Tracking
Magnum Photos strives to protect the interests, intellectual property, and livelihoods of the contributors with whom we work, and for this purpose has mandated License Compliance Services (Globally), ImageRights or PixTrakk (France Only) to manage copyright compliance on Philip Jones Griffiths Foundation behalf.
Amendments of the disclaimer
Philip Jones Griffiths Foundation reserves the right to amend this disclaimer at all times. Philip Jones Griffiths Foundation therefore recommends to consult this webpage regularly.