Version 3.0; updated 16 August 2017

These terms govern both the use of this website and certain services which are an inherent part of the ‘Saturated Imagery: Photography by Christian Bodden’ brand.

1) Copyright and licensing

1.1) Content

1.1.1) All user generated content (including but not limited to: text, images, video or audio recordings) on this website is  © Christian Bodden 2012-2017. Any third party design, skin, or theme that is used is © Copyright the respective designer and used under license.

1.1.2) All images are © Copyright Christian Bodden 2007-2012. This applies to images on this site and any other website, social networking site or physical format under the ‘Saturated Imagery: Photography by Christian Bodden’ brand or any other brand (related or otherwise) owned by Christian Bodden.

1.3.1) All Rights Reserved. Any unauthorised use of any image, text or any other work is an infringement of copyright.

1.2) Licensing and unauthorised use

1.2.1) I will license work to individuals or organisations with reasonable terms (an overview of which may be obtained from sections 2 and 3 below. Any use outside of the agreed conditions is an infringement of copyright).

1.2.2) Action will be take against any party responsible for any unauthorised use of images.  Unauthorised use by any party will be charged at rate in line with those suggested by the London Freelancers Association. If it is unclear at what point the unauthorised use began it will assume to have began at the point when I first publicly displayed the image.  In addition any costs associated with recovering payment will be added along with a charge of £10 per hour of my time spent in doing so. IP addresses will be used to trace online use.

1.2.3) If you obtain an image via a third party, it is your responsibility to ensure you have permission to use it. This will not be taken as a defence in any claim.

1.2.4) The above clause does not preclude my taking action against the party supplying the image, jointly and severally or individually from any action I may take against the party displaying the image.

1.2.4) I may, at certain times or for certain content choose to use a different form of licensing, for example a variation of a creative commons license.  It should not be assumed that this applies to any other content and I may cease to distribute such material for new CC licenses in future.

1.3) Notes

1.3.1) Copyright exists at the point of creation of a piece of work. For a photographic image this includes a film or digital negative and a final digital image, print, or any other form of media. It is not necessary that a copyright notice be displayed.

1.3.2) I am not a professional photographer (defined as drawing an income from my photography), but this does not mean that my work is free as it costs me money and time to produce this work. I will seek to reclaim costs from any party who is found to be using my work without consent.

1.3.3) Notwithstanding the above I accept that genuine errors and misunderstandings occur. I will always seek to achieve an amicable solution where possible before any legal action is taken. This may include an agreement to remove content, pay a small fee, or some other form of reparation.

1.3.4) Nothing in this section is intended to prevent usage permitted by Law, (for example research or private study, criticism or review, reporting current events, parody or pastiche). Examples of this could include, but are not limited to quoting a section of text on a review of my site, or a section of text from a camera description in an article about that camera, or using an image in a review of my work. Attribution must be given in all cases.

2) Images, Privacy and Usage.

2.1) Preamble

2.1.1) I have an interest in promoting local music and artistic enterprises and local good causes and will on occasion provide my time, skills and/or previously created work for little or no remuneration in support of this aim. If you wish to discuss use of any images or other media on this site, please contact me. I have provided standard licensing terms alongside the terms and conditions of this website as a courtesy for users. Individual contracts may vary.

2.1.2) I also understand that when people have their photo taken in a public place may have privacy concerns, but may also appreciate an image of themselves which they may wish for personal use.

2.1) Images in which you are the subject, or from an event you manage:

2.1.1) If there is an image or images of you or images from an event which you run, manage or organise displayed on this site or associated social media accounts I may allow certain permissions of use over and above those which are allowed in Law. However the fact that an image contains you as a subject, or was taken at an event you run does not give you any specific rights of ownership of the image, unless agreed in a contract to that effect.

2.1.2) If there is an image or images of you as an individual in a public place or at an event on this site or associated social media the following general terms apply:

a) Many of my images are displayed on associated social media accounts. You may like, share and comment on these images. You may tag yourself in images and utilise the included functions in the social media site to display these on your profile. If any watermark is cropped in this process you must link back to the social media page in the image description.

b) In the event that any image is not available on social media and you wish to display this on a personal profile page please contact me and I will consider providing a copy of any image(s) in low resolution for such purpose, provided this does not interfere with any other agreement (for example the image was created under a contract with a third party and that contract prevents such use).

c) No commercial use may be made of such images and for the avoidance of doubt agreement should be obtained for any use other than as described above, including those permitted below in other situations.

2.1.3)  If there is an image or images on this site of you as a performer (both individually, or as part of a band or other group) at an event on this site or associated social media the following general terms apply:

a) Many of my images are displayed on associated social media accounts. You may like, share and comment on these images. You may tag yourself in images and utilise the included functions in the social media site to display these on your personal profile or artist page. If any watermark is cropped in this process you must link back to the social media page in the image description.

b) I many cases where I take images of an artist or performer I will share any images on social media pages related to that artist or performer. In the event that any image is not available on social media and you wish to display images from this website on a personal profile page or artist page please contact me and I may either upload these to my own social media and share them as above or may choose to provide copies in low resolution for such purpose, provided this does not interfere with any other agreement (for example the image was created under a contract with a third party and that contract precludes such use).

c) Images from my social media may be shared on an artist or band website via any gallery or linking application, widget or feed which keeps the original structure and links to the social media site intact and serves the images from the social media site. It must at all times remain clear where the images are from. An example of this would be a widget or tag which aggregates images from flickr which are tagged with your band name.

d) Hot-linking or embedding images from my website to your website or social media pages is not permitted and consent is unlikely to be granted for this activity. Downloading from my social media or website and re-uploading to your website or social media is not permitted without written agreement.

d) No commercial use may be made of such images (other than the inherent support of commercial activity from the activities above) and for the avoidance of doubt agreement should be obtained for any online use other than as described above.

e) You may not pass on any image(s) to a third party for their use on any website or physical output, or for in promoting any event, recording or similar, without written consent. For the avoidance of doubt you may share images to such pages within the normal functions of the social media platform.

f) You may not use any image(s) on any form of physical media (for example, but not limited to CD, vinyl, DVD or tape covers, flyers, posters, clothing or other merchandise), without written consent. Expect that a fee will be payable for such usage.

g) Where an alternative agreement exists (for example a paid shoot, or an agreement that I will shoot your performance under certain terms) any agreements made will supersede those written here.

h) If any additional permissions are granted in one situation this does not provide for an expectation that such additional permissions will be repeated in another situation.

2.1.4)  If there is an image or images of an event you manage or run (for example a nightclub or festival) on this site or associated social media the following general terms apply:

a) Many of my images are displayed on associated social media accounts. You may like, share and comment on these images. You may tag people or your event page in images and utilise the included functions in the social media site to display these on your personal profile or event or organisation page. If any watermark is cropped in this process you must link back to the social media page in the image description.

b) I many cases where I take images of an event I will share any images on social media pages related to that event. In the event that any image is not available on social media and you wish to display images from this website on a personal profile page or event or organisation page please contact me and I may either upload these to my own social media and share them as above or may choose to provide copies in low resolution for such purpose, provided this does not interfere with any other agreement (for example the image was created under a contract with a third party and that contract precludes such use).

c) Images from my social media may be shared on event or organisation website via any gallery or linking application, widget or feed which keeps the original structure and links to the social media site intact and serves the images from the social media site. It must at all times remain clear where the images are from. An example of this would be a widget or tag which aggregates images from flickr which are tagged with your event name.

d) Hot-linking or embedding images from my website to your website or social media pages is not permitted and consent is unlikely to be granted for this activity. Downloading from my social media or website and re-uploading to your website or social media is not permitted without written agreement.

d) No commercial use may be made of such images (other than the inherent support of commercial activity from the activities above) and for the avoidance of doubt agreement should be obtained for any online use other than as described above.

e) You may not pass on any image(s) to a third party for their use on any website or physical output, or for in promoting any event, recording or similar, without written consent. For the avoidance of doubt you may share images to such pages within the normal functions of the social media platform.

f) You may not use any image(s) on any form of physical media (for example, but not limited to CD, vinyl, DVD or tape covers, flyers, posters, programmes, clothing or other merchandise), without written consent. Expect that a fee will be payable for such usage.

g) Where an alternative agreement exists (for example a paid shoot, or an agreement that I will shoot your event under certain terms) any agreements made will supersede those written here.

h) If any additional permissions are granted in one situation this does not provide for an expectation that such additional permissions will be repeated in another situation.

2.1.4) If there is an image or images of you as a model on this site or associated social media please refer to the individual agreement made for the shoot. If there is no such written agreement (for example shots from group photoshoot events, such as Photocamp) where participants model for each other please refer to section 2.1.2 (performers) above.

2.2) My Rights:

2.2.1) If you are concerned about any content or images which features you as a subject please contact me and I will attempt to resolve any issues

2.2.2) Notwithstanding clause 2.2.1 (above),  while I have no intention of causing distress and will always attempt to avoid any distress to any other party I take my rights as a photographer seriously. This includes (but is not limited to) my right to photograph any person (including children) in a public place or in a place (such as an event) where attendees have been informed, or have reasonable reason to expect that they may be photographed. This also includes my right to publish images as I see fit including those which may display any party in an unfavourable light, provided those photographs have been taken in accordance with the Law and no distortion of the actual event or scene has occurred.

2.2.3) Any abuse, threats, or harm to me in relation to my taking or publishing an image will be reported to the relevant authority (i.e. the police, if in the UK) and charges will be sought if necessary.

2.2.4) I will also enforce, where needed, my further moral rights to object to my work being used or altered in a way that has negative effect on my reputation and to not have someone else’s work falsely attributed to me.

2.3) My use of material which may be copyrighted, or may be licensed to me.

2.3.1) I may use material, which may be copyrighted in ways which are permitted to me, (i.e. research or private study, criticism or review, reporting current events, parody or pastiche). Examples of this could include, but are not limited to, quoting a section of text from a manufacturers website or manual in a review of a product, a section of text from an academic journal in a tutorial, or sharing an image taken by another photographer in review of their work.

2.3.3) As permitted by Law I may produce images which display material such as artwork or architecture which in which copyright exists, where this is not a direct copy (for example, a shot with its own artistry of a piece of public artwork) or where the copyrighted material is ancillary to the main subject (for example, a banner or painting in the background of a shot).

2.3.3) I may use material which has been licensed to me within the terms of that license.

2.3.3) In the unlikely event that you feel I have used your material in a manner which is not permitted please contact me to discuss a solution.

3) Personal Data:

3.1 Your data submitted to the site

3.1.1 Any personal data submitted to this site may be used for the purposes of contacting you as agreed when submitting this data. This is set out from 3.1.2 below.

3.1.2) Email addresses:

a)I may use personal email addresses submitted in comments on pages of this site to respond to those comments if I feel that to do so in public would be  inappropriate. I will not add those email addresses to any mailing list without consent.

b) I may use personal email addresses submitted via the contact form to respond to any contact made if this is requested. I may save these in a personal address book for this purpose only. I will not add those email addresses to any mailing list without consent.

c) Any email addressed submitted in order to join a mailing list will be use for the purposes of that mailing list only. They will be saved on a remote server as required by the software used. Any backups stored on a local machine will be encrypted. I will not use these email addresses for any other purpose without consent.

3.1.3) Other contact details:

a) I will not use other contact details (such as telephone, mailing address) submitted to the site, unless specifically requested to in a private message and if I consider this to be appropriate

b) I will not make contact via social media in response to communication from this site, unless specifically requested to.

c) Notwithstanding the above, be aware that some functions of this site may (or may in future) integrate with social media and some comments posted on the site may be replicated on social media or vice versa.

3.2 Cookies, tracking and site operation:

3.2.1) This site uses cookies for essential activities such as managing comments. I do not track users. It is believed that the manner in which this site uses cookies and the fact that it is not a business does not require opt-in consent as under The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011. Nonetheless, for the avoidance of doubt use of this website assumes implicit consent to the placement of such cookies as are required for the functioning of the site, a full list of which will be viewable from the cookie notice provided.

4) Liability Disclaimers

4.1) Accuracy of Information and Provision of Service:

4.1.1) The information contained in this website is for general information purposes only. While I endeavour to keep the information up to date and correct, I make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information contained on the website, for any purpose. Any reliance you place on such information is therefore entirely at your own risk.

4.1.2) Every effort is made to keep the website up and running smoothly. However, I take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond mycontrol.

4.1.2) In no event will I be liable for any loss or damage, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the use of this website.

4.2) External links

4.2.1) Through this website you are able to link to other websites which are not under my control. I have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

4.3) Changes to this document

4.3.1 This document may be updated at any time. In the case of a dispute the document as it stood at the point of first contact will be taken as binding.

5) General

5.1) Issues not covered

5.1.1) In the event of any incident not covered by this document, deference will be made to UK law.