Terms of Service

Copyright

Following South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. ShutterXposures retains all copyright benefits to images created by himself forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications, or copies of any type are made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, that if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.

Example #1: You send a magazine an image created by the Photographer, Hein Jonker, the magazine pays you for the image. You owe ShutterXposure 100% of that payment + liquidated damages, on-demand.

Example #2: You send an image created by a Photographer from ShutterXposures to a commercial website for sale to the public or for other financial gains. You owe ShutterXposures 100% + liquidated damages of any income derived from the use of that image.

If the Client wishes to own the Photographer's copyright, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.

License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is for a simple copyright statement to be placed near or on the image, and notification of use is communicated to ShutterXposures. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, or any other use that would be considered commercial or financially beneficial to the user.

The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.