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STANDARD TERMS AND CONDITIONS
“This Agreement": the standard terms and conditions contained herein, together with the terms and conditions contained in the Contract
“Licensor”: The Footage Company Australia and its Copyright Partners
“Licensee": any person, firm, company, governmental or other body who or which enters into a Contract "Contract": the oral or written agreement between The Footage Company Australia and the Licensee for the provision of the Service.
"Footage": motion pictures of news or other events, on film or video tape with or without sound produced, acquired or controlled by The Footage Company Australia.
“Materials": where available, news scripts, shot lists and/or narrative scripts relating to the Footage.
"Service": the provision by The Footage Company Australia of Footage.
"Licence Fee": payment by the Licensee to The Footage Company Australia for the use of Footage and/or Photos either on a per minute or per second basis, or by way of a Package Deal in the named Production.
“Minimum Licence Fee”: minimum fee payable for the supply of broadcast quality Footage as specified in the Contract.
“Package Deal”: Where the Licensee and The Footage Company Australia pre agree a fixed price for the Service [Example: large volume purchased in exchange for discounted Licence Fee].
"Sequence": continuous extract from Footage of one event, or story source.
“Copyright Partners”: Copyright partners represented by The Footage Company Australia. Including but not limited to AP Archive, British Movietone, Nine Network Australia Pty Ltd, ABC America.
"Production": any media product in which the Licensee uses Footage.
Use of Service, Footage and Restrictions
1. Ownership of and all copyright in the Footage shall remain with The Footage Company Australia. In the case of video Productions the Licensee must always provide the credit "The Footage Company Australia" in the end credits of the Production. If AP Archive, British Movietone or Nine Network Australia Footage is used, the Licensee must always provide the credit: “The Footage Company Australia / AP Archive /British Movietone /Nine Network Australia in the end credits of the Production.
2. Footage supplied for preview or screening purposes is provided only with a time-code in vision and is for internal use. Broadcast or other dissemination by whatever means is strictly forbidden.
3. The Licensee shall not sell, transfer, sub-licence, allow any third party to use or permit any link to attach upon any Footage, or exhibit any Footage otherwise than in accordance with this Agreement. For avoidance of doubt this Agreement allows for the Licensee to distribute and sublicense the Production to affiliated broadcasters.
4. The Licensee shall not use the Footage in any manner which may impair the goodwill or reputation of The Footage Company Australia and its Copyright Partners. The Footage may not be used in any way to imply editorial involvement or endorsement by the The Footage Company Australia or any of its Copyright Partners. On termination or expiry of this Licence Agreement howsoever arising, this Clause 4 will remain in effect.
5. The Licence Fee is payable and non-refundable once the Licensee has received broadcast-quality Footage or non-watermarked Photos, whether the Licensee uses them or not. For the avoidance of doubt the Licence Fee relating to a Package Deal is payable in full and non refundable in any event irrespective of whether the Licensee chooses to use the Service or not.
6. The Minimum Licence Fee shall be for 30 seconds of Footage, so long as no more than ten minutes of broadcast-quality Footage is supplied.
7. When The Footage Company Australia supplies more than ten minutes of broadcast-quality Footage, it reserves the right to charge a Minimum Licence Fee of at least ten percent (10%) of the total duration supplied.
8. The Licensee shall provide a final usage declaration showing actual use of Footage immediately following final edit. The Footage Company Australia reserves the right to charge the Licensee a Licence Fee calculated against the total amount of Footage supplied should the Licensee not provide such a usage declaration within ninety days of delivery or such other period as agreed in writing by The Footage Company Australia.
9. If the Licensee uses more Footage than covered by the Minimum Licence Fee, the excess will be charged in 15 second blocks unless specifically agreed to in writing by The Footage Company Australia. [Example: 1min 20sec will be billed as 1min 30secs]
10. The Minimum Licence Fee is applicable per programme or episode, not per series. Usage of Footage cannot be accumulated across different programmes or different episodes in one series unless specifically agreed to in writing by The Footage Company Australia.
11. In the case of Footage:
11.1: no images of photographic stills, graphics, maps, reporters, news readers or anchors may be used without written authorisation.
11.2 there shall be no use in advertising or promotional material, including but not limited to press releases without written authorisation or agreed under the terms of the Agreement.
12. No spoken commentary tracks may be used without written authorisation, except for those in Roving Reports and stories known to have been voiced at The Footage Company Australia or its Copyright Partners.
13. Payment of the Licence Fee only grants such rights as specified in the Contract. If the Licensee wishes to change the licence in any way - to include more territories, other media or a longer time period - the Licensee must contact The Footage Company Australia and pay the appropriate Licence Fee.
14. The Licensee shall be solely responsible for:
14.1 clearing any and all rights not owned or controlled by The Footage Company Australia or its Copyright Partners, including but not limited to copyrights, trade marks, music rights, moral rights, performing and publishing rights, model releases and rights relating to feature film excerpts, individual personalities and sporting events;
14.2 ensuring, in its use of the Footage, it does not (i) defame, libel or slander any person; (ii) breach any relevant laws, rules, codes or guidelines.
14.3 The Licensee accepts that The Footage Company Australia or its Copyright Partners shall have no responsibility or liability of any nature whatsoever with respect to any foregoing matters be they legal or otherwise and the Licensee’s indemnity in clause 15 applies.
15. The Licensee hereby fully and effectively indemnifies The Footage Company Australia and its Copyright Partners and related bodies corporate against any and all costs and claims arising by reason of (i) any breach by the Customer of its obligations under this Licence Agreement; and (ii) any claim against any of the The Footage Company Australia and Nine Network Indemnified Parties in respect of or arising out of any use or exploitation of the Material by the Customer. On termination or expiry of this Licence Agreement howsoever arising, this Clause 15 will remain in effect.
16. The licence granted is specific to a named Production. If the Production is altered in any way, the Licensee must notify The Footage Company Australia, and the payment of an additional Licence Fee may be required.
17. The licence granted shall last for the duration stipulated in the Contract.
18. Where The Footage Company Australia supplies Footage it does not own, it will not issue a licence but will charge an access fee for each item. The Footage Company Australia will require the customer to sign its ‘Third Party Footage Release Form’. Footage is supplied on the strict condition that it may not be used without the owner’s permission. The Footage Company Australia may also at its sole discretion require a customer to obtain the owner’s written permission to use the Footage before The Footage Company Australia will release a broadcast-quality copy of such Footage.
19. Although The Footage Company Australia and its Copyright Partners strive to obtain and supply the best possible Footage at all times, it gives no warranty as to their technical or artistic quality. The Footage Company Australia and its Copyright Partners’ Footage is often shot under difficult and dangerous circumstances. In the case of Footage the Licensee’s attention is drawn to the fact that the Footage may be edited; may have been transmitted from one country or continent to another; and may be converted from one television system to another.
20. The Footage Company Australia reserves at its sole discretion the right at any stage not to supply Footage even where it has already supplied them for preview purposes.
21. The Footage Company Australia does not by this Agreement permit or authorise the Licensee to collect or receive any monies payable by third parties in respect of the Licensor's own rights in the clip from any government or international treaty permitted, mandated or otherwise (including simultaneous re-transmission, off-air recording, blank tape levy etc) use of the production in which the clip may be used.
22. The Footage Company Australia shall have the right to provide the Footage in the territory served by the Licensee to persons, firms or companies other than the Licensee.
23. Payment shall be in advance, except for customers with an individually agreed credit facility, in which case payment shall be due in thirty days after submission of the invoice and in the currency specified therein.
24. All payments made by the Licensee shall be made gross of any tax, duty, bank charge or other deduction. If any tax or similar deduction is imposed on any payment due to The Footage Company Australia, The Footage Company Australia will invoice the Licensee for those deductions and will require payment upon presenting The Footage Company of invoice.
25. Payment shall be made to The Footage Company Australia’s bankers as specified on the rendered invoice.
26. The Footage Company Australia uses different courier companies to deliver Footage. Any delivery times The Footage CompanyAustralia gives to the Licensee are no more than estimates received in good faith from the relevant courier company. The Licensee understands and accepts that, once the Footage has left The Footage Company Australia, the date and time of their arrival at the Licensee's address are beyond The Footage Company Australia’s control, and The Footage Company Australia regrets but cannot be held responsible for any unforeseen delays.
27. The Footage Company Australia requires the Licensee to return the master tape after editing and or the deletion of digitized footage supplied by The Footage Company Australia or its Copyright Partners. Footage cannot be stored and reused within future Productions without notification and confirmation in writing by The Footage Company Australia of approval to do so along with payment of an additional Licence Fee.
28. Upon request the Licensee shall send to The Footage Company Australia a viewing copy of any Production made containing Footage obtained from The Footage Company Australia.
29. This Agreement shall be construed and interpreted under and in accordance with the laws and courts of New South Wales, Australia.