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Terms and Conditions - Image Supply and Reproduction

Preservation

We provide images in accordance with the Library's preservation policy, and reserve the right to provide an alternative format if the original item is not suitable for the imaging process requested by the customer. This will usually only happen after consultation.

Pre-Payment

All orders must be paid for before delivery.

Order Details

If the customer has failed to complete the required bibliographic information, or fails to respond to a request for additional information, we reserve the right to cancel the order at the point of receipt.

Cancellation Charge

If the customer cancels an order we have begun to process it, we reserve the right to charge the customer a cancellation fee.

Incorrect Item Charge

We reserve the right to charge the full price of any incorrect item supplied as a result of the bibliographic information supplied by the customer.

Order Calculation

EU customers registered for VAT are required to quote their VAT registration number at the time of placing an order. We reserve the right to charge an administration fee if subsequently required to send a replacement invoice where: the customer has not included the VAT number or failed to include VAT with their pre-payment.

Apart from cheaper photocopies/scans ordered within the Library all orders are subject to a minimum charge of £15.00 before VAT, postage or other charges.

Unfulfilled Order

Where we are unable to fulfill an order (or part thereof) no charge for the order (or part thereof) will be made to the customer.

Delivery Responsibility

The Digital Content Unit will not accept responsibility for delay, non-delivery or damage incurred by UK, European or International Postal Services. 

If you ask us to resupply the images a month after a download link was sent an additional fee will apply or you may be asked to submit a new imaging request.

Copyright

All requests must comply with UK Copyright Law. As part of the ordering procedure all customers are required to sign a copyright declaration form. This must be the personal signature of the person making the request. A stamped or typewritten, or the signature of an agent, is NOT acceptable. This form must be returned to the Digital Content Unit by email attachment, fax or post before delivery of images

Permission to Reproduce

The University Library owns and retains at all times the copyright on all copies produced. Customers may not reproduce any material supplied for any reason, (including academic or personal, and whether for profit or not) without prior written permission from the University Library. Customers wishing to reproduce supplied material should complete a Reproduction Request form

Use of Copies

In the first instance, all copies are supplied for (a) non-commercial research/private study or (b) internal evaluation for possible reproduction and publication. Evaluation copies for potential commercial use must be destroyed within 60 days of supply if no application for reproduction rights has been made.

Price Changes

The Digital Content Unit reserves the right to change the prices as published.

Force Majeure

The Digital Content Unit shall not be liable for any delay or failure to fulfill orders by reason of Force Majeure events.

Customer Responsibility

If you are ordering on behalf of a third party you agree to communicate these terms and conditions to them, and also to ensure that a copyright declaration form signed by the person you are ordering the images for is returned to us.

 

GENERAL TERMS AND CONDITIONS FOR IMAGE SUPPLY AND REPRODUCTION

1.           Applicability

1.1         These TERMS AND CONDITIONS together with any SCHEDULE and content-specific INVOICE shall together comprise the binding legal agreement between The Chancellor, Masters and Scholars of the University of Cambridge acting by and through its Cambridge University Library of West Road, Cambridge CB3 9DR, United Kingdom (the “University”) and the Licensee (the “Agreement”).  Words defined in these Terms and Conditions shall have the same meaning in the SCHEDULE and content-specific INVOICE.

2.           Definitions and interpretation

2.1         The following terms, unless the context requires otherwise, have the following meanings:

Licensed Work                 means any text, still image, audio-visual recording, film or video, audio (including any typescripts or reproductions), visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files, or any other work or product protected by copyright, trademark, patent or other intellectual property rights, which is supplied and licensed by the University to the Licensee in the format specified and under the terms of the Agreement.

Licensee            means the individual, sole trader, company, partnership or other legal person acquiring a licence hereunder, specifically the legal person named and designated as the Licensee and set forth as such in the Agreement.

Licensee Product             means the product or service created by or on behalf of the Licensee that incorporates a reproduction or representation of the Licensed Work in the product or service.

2.2         In these Terms and Conditions, which, for the avoidance of doubt, form part of the Agreement, (except where the context otherwise requires):

  1. any reference to a clause or sub-clause shall be interpreted as a reference to the clause of sub-clause bearing that number in these Terms and Conditions;
  2. use of any gender includes the other genders;
  3. the singular includes the plural and vice-versa;
  4. clause headings are included for ease of reference only and shall not affect the interpretation of these Terms and Conditions;
  5. any reference to “person” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trust (in each case whether or not having separate legal personality); and
  6. any reference to a statute, statutory provision or subordinate legislation (“legislation”) shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which re-enacts or consolidates (with or without modification) any such legislation.

3.           Intellectual property and licence grant

3.1         In consideration of the Licence Fee and/or other valuable consideration (save for the supply of Licensed Work for assessment only under 3.6) the University grants to the Licensee a non-exclusive licence to reproduce and use the Licensed Work, or part of the Licensed Work as agreed, for the specific purpose detailed in the Agreement and in accordance with applicable copyright law, save that where the University does not own the copyright in the Licensed Work (or any underlying rights in the Licensed Work, which may include but is not limited to people, property, trademarks or copyright material depicted in the Licensed Work) the Licensee undertakes to obtain all relevant and necessary consents, permissions and clearances from relevant rights holders.  Where a rights holder of a work depicted in the Licensed Work is not known and cannot be ascertained on reasonable enquiry, the Licensee agrees to clear all rights and pay all fees that may become due in respect of use of the Licensed Work in the Licensee Product.

3.2         Permission to reproduce the Licensed Work is strictly limited to the specific use and rights detailed in the Agreement.  Unless stated otherwise, all secondary reproductions, including but not limited to, reprints, subsequent editions, products related to the Licensee Product, offshoot productions, derivative products, compilations, further series, renewal of Licence Period, or use of the Licensed Work other than for the specified purpose for which permission is granted necessitates a new application to the University and, if applicable, to relevant rights holders, and payment of a further fee.

3.3         No ownership of or copyright in the Licensed Work shall pass to the Licensee by the issuance of a licence to the Licensee under the Agreement.

3.4         Use of the Licensed Work is strictly prohibited as a trademark, or for any unlawful purpose or use, or to defame any person, or to violate any person’s moral rights, or to infringe upon any copyright trade name or trademark of any person or entity, regardless whether the Licensed Work is used directly or with other material.

3.5         Nothing in the Agreement shall be taken to restrict, limit or curtail any act permitted under the Copyright, Designs and Patents Act 1988. 

3.6         Comp Licence: Subject to these Terms and Conditions the University grants to the Licensee a non-exclusive, non-sublicensable, non-transferable and non-assignable right  to use the Licensed Work  in any internal test, sample, comp or rough cut evaluation material only (“Comp Licence”). Unless otherwise agreed in writing, the Comp Licence term is 60 days from the date of the download or receipt. The Licensee may not copy, distribute, publish, display or otherwise use in any way the Licensed Work after the term of 60 days without obtaining an appropriate licence. If the Licensee does not obtain such a licence, upon expiration of the term of 60 days, the Licensee must destroy all copies of the Licensed Work.

3.7         If any publication right as defined in the UK Copyright and Related Rights Regulations 1996 SI 1996/2967 or any analogous right in any part of the world arises in the Licensee’s use of the Licensed Work, the Licensee hereby assigns all such right(s) absolutely to the relevant copyright holder(s) for the full term of such right(s).

3.8         Unless otherwise agreed in writing, the Licensed Work may not be copied, stored or transmitted in electronic or other media, save where such is incidentally and wholly necessary to the process of production for incorporation of the Licensed Work in the Licensee Product as licensed.  At the conclusion of such production, all intermediate copies of the Licensed Work must be destroyed or permanently deleted.

3.9         The Licensee agrees upon the request of the University to provide one complimentary digital copy of the finished Licensee Product to the University within two weeks of its publication or production, including full access to inspect a restricted access Licensee Product with all necessary passwords for the duration of the Licence Period.

3.10       Where the Licensed Work is licensed in the Agreement on behalf of an employer or client, the party named as the Licensee shall be the employer or client as applicable.  The person named in the Agreement as the contact and/or authorised signatory for their employer or acting on behalf of a client warrants that that they have full legal authority to bind their employer or client as Licensee to the Agreement.

4.           Acknowledgement

4.1         The Licensee shall credit the Licensed Work in the Licensee Product with the name of the author in full, the title of the Licensed Work and carry the notice as follows:

'Reproduced by kind permission of the Syndics of Cambridge University Library’

or any other title or caption agreed with the University and other rights holder/s (if applicable). Credit shall be accorded, where technically practicable, in equal size and comparable placement to credit/s accorded to licensors of other similar licensed material.

4.2         Unless otherwise agreed in writing, if any Licensed Work is reproduced by the Licensee without the correct credit line specified by the University, an additional 50 per cent of the original Licence Fee shall be payable by the Licensee within 30 days of issue of the invoice.

4.3         The cropping or manipulation of the Licensed Work is not allowed without the written permission of the University.   Any such alteration to the presentation of the Licensed Work as agreed in writing with the University must be acknowledged alongside the Licensed Work, e.g. “Detail from”.

5.           Licence fee and payment

5.1         The Licensee shall pay to the University the Licence Fee within 30 days from the date of invoice, unless agreed otherwise with the University in writing.

5.2         The University requires pre-payment of all orders and permission to reproduce the Licensed Work arises only when the University’s invoice relating to the grant of such right is paid in full.  A pro-forma invoice may be supplied upon request.  Any reproduction before payment of the invoiced Licence Fee constitutes an infringement of rights and a material breach of this Agreement rendering the Licensee liable for payment of damages.

5.3         The Licence Fee is exclusive of VAT, which the Licensee shall be liable to pay as an additional amount at the rate and manner as prescribed by law.  EU customers registered for VAT are required to quote their VAT registration number at the time of placing an order.

5.4         Without prejudice to any other right or remedy of the University, and without imposing an obligation to accept late payment, where any fees payable under the Agreement are not paid within 30 days of the due date, the University reserves the right to exercise its statutory right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5.5         All amounts due shall be paid in full without any deduction or withholding other than as required by law and the Licensee shall not be entitled to assert any credit, set-off or counterclaim against the University in order to justify withholding payment of any such amount in whole or in part.

6.           Warranties, limitation of liability and indemnity             

6.1         The University warrants that the Licensed Work will be free from defects in material and workmanship for 30 days from delivery.  The Licensee’s sole remedy for a breach of this warranty is the replacement of the Licensed Work.  The Licensee should examine the Licensed Work for possible defects before reproducing the Licensed Work in the Licensee Product.  Without prejudice to the remedy above, the University shall not be liable for any loss or damage suffered by the Licensee or any third party arising from any alleged or actual defect in any Licensed Work or in any way from their reproduction.

6.2         Save for the warranty provided in Clause 6.1, all terms, conditions, warranties, representations or guarantees whether express or implied by statute, common law or otherwise relating to delivery, description, performance, quality or fitness for purpose of the Licensed Work are hereby excluded.

6.3         To the extent permitted by law, the University’s aggregate liability for direct loss in contract, tort or otherwise arising in connection with the supply and use of the Licensed Work is limited for one incident or a series of incidents to the total amount paid by the Licensee to the University for use of the Licensed Work under the Agreement.

6.4         Subject to 6.7, the University shall not be liable to the Licensee or any other third party claiming through it for any loss of profits, revenue, goodwill, business opportunity or any indirect, consequential, financial or economic loss or damage, costs or expenses whether in contract, tort, negligence, breach of statutory duty or otherwise whatsoever or howsoever arising out of or in connection with this Agreement.

6.5         The Licensee warrants that:

  1. it has full right and title to enter into the Agreement;
  2. it will not at any time do or suffer to be done any act or thing which will in any way impair or affect the copyright in the Licensed Work;
  3. its use of the Work shall not reflect adversely on the image, goodwill or reputation of the University or the author(s) of the Licensed Work;
  4. it will not reproduce the Licensed Work in any material or in any way which is pornographic or defamatory or unlawful, constitutes an infringement of third party rights or an invasion of privacy;
  5. it will not alter or adapt the Licensed Work or do any act which may infringe the moral rights of the author of the Licensed Work, unless expressly agreed in writing with the author;
  6. it will obtain consents, permission and clearances from relevant rights holders when the University does not own the copyright to the Licensed Work or the underlying rights in the Licensed Work in order to permit use of the Licensed Work in the Licensee Product;
  7. it will cooperate fully and in good faith with the University and/or the author(s) of the Licensed Work for the purpose of securing or preserving their rights in and to the Licensed Work; and
  8. it shall not make the Licensed Work available in any way that allows third parties to download, extract, redistribute or access the Licensed Work as a standalone file and the Licensee undertakes that I will do all such acts and execute any documents reasonably requested by the relevant copyright holder to give effect to this clause 6.5(g).             

6.6         The Licensee agrees to indemnify and keep indemnified the University against any claims, legal proceedings, damages, losses or costs (including reasonable legal fees and expenses) incurred or suffered by the University arising out of or in connection with:

  1. Licensee use of the Licensed Work outside the scope of the Agreement;
  2. any breach by the Licensor (or any person or body acting on the Licensee’s behalf) of any of these Terms and Conditions (of the Agreement); and
  3. Licensee failure to obtain any consents, permission and clearances from relevant rights holders when the University does not own the copyright to the Licensed Work or the underlying rights in the Licensed Work as are deemed necessary to use the Licensed Work in the Licensee Product, unless such claims, damages, losses or costs arise from the University’s negligence.  

6.7         Nothing in the Agreement shall operate to limit or exclude either party’s liability which cannot be excluded or limited by applicable law, including for death or personal injury caused by negligence or for fraudulent misrepresentation.

7.           Termination

The University may terminate the Agreement and any licence granted under these Terms and Conditions immediately by notice in writing to the Licensee if the Licensee:

  1. is in breach of any of its material obligations under the Agreement which if the breach is capable of remedy the Licensee has failed to remedy such breach within 14 days after receipt of notice in writing from the University giving full particulars of the breach and requiring the Licensee to remedy it; or
  2. goes into receivership or liquidation (other than for the purposes of amalgamation or reconstruction) or becomes insolvent or makes any composition or arrangement with its creditors (other than as part of a solvent reorganisation) or being a partnership or other unincorporated association is dissolved or being a natural person dies.

8.           Effect of termination

8.1         On termination of the Agreement, the permission and rights granted in 3.1 cease with immediate effect and the Licensee shall not use the Licensed Work in any way and shall either destroy any Licensed Work and derivatives or copies thereof or return the Licensed Work and all derivatives and copies to the University no later than three days after receipt of notice to terminate from the University.

8.2         Termination of the Agreement howsoever caused shall not affect the following:

  1. rights and obligations of both parties under the Agreement in the period up to termination;
  2. rights and obligations of both parties under the Agreement which by their nature are due to continue beyond such termination;  and/or
  3. rights of the University to recover any monies payable pursuant to Clause 5 or otherwise and the University shall be under no obligation to refund or return any payments made by the Licensee to the University.

9.           Assignment

The Licensee shall not be entitled to assign its rights and obligations under this Agreement without the prior written consent of the University, save for in connection with the exploitation of the finished Licensee Product incorporating the Licensed Work in accordance with these Terms and Conditions of the Agreement.

10.         Variations

No variation of these Terms and Conditions shall be valid unless in writing and signed by or on behalf of each of the parties.

11.         Entire agreement

The Agreement (which expression includes the GENERAL TERMS AND CONDITIONS FOR IMAGE SUPPLY AND REPRODUCTION, SCHEDULE and INVOICE) shall supersede all other arrangements or agreements whether oral or in writing between the parties as to the subject matter of the Agreement.

12.         No partnership or agency

Nothing in these Terms and Conditions of the Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

13.         Severability

If any provision of these Terms and Conditions as part of the Agreement shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable, such provision shall to the extent required be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions.

14.         Waiver

The failure of the University to exercise or enforce any rights it may have under these Terms and Conditions as part of the Agreement will not be deemed to preclude any right, relief or remedy available to it should it choose to exercise or enforce those rights.

15.         Rights of third parties

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions as part of the Agreement and nothing in the Agreement shall confer or purport to confer on or operate to give any third party any benefit or any right to enforce any term of these Terms and Conditions as part of the Agreement.

16.         Counterparts

This Agreement may be executed in any number of counterparts (original, facsimile or transmitted electronically in either Tagged Work Format Files (TIFF) or Portable Document Format (PDF)) by the parties hereto, each of which when executed and delivered shall constitute an original but all the counterparts shall together constitute one and the same instrument.

17.         Governing law and jurisdiction

These Terms and Conditions and the Agreement (including without limitation non-contractual disputes or claims relating to these Terms and Conditions and the Agreement) shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

Updated 4th February 2019

Contact us

Digital Content Unit
Cambridge University Library
West Road
Cambridge
CB3 9DR

Email: photo@lib.cam.ac.uk
Phone: +44 (0) 1223 765741
Fax: +44 (0) 1223 339684

 

 


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Audio-visual Services:

 

  • Imaging of library materials (including theses)
  • Licensing of Library materials
  • Product photography for catalogues, exhibitions etc.
  • Event and conference photography
  • Video making – events, interviews, conferences, short films
  • Multispectral photography
  • 3D photogrammetry

 

Digitisation Services:

  • Support to researchers in planning digitisation projects
  • Support for large-scale imaging projects, including off-site imaging
  • Help and advice on technical issues such as metadata and imaging standards
  • Hosting of digitised collections from other institutions