Terms & Conditions of Magnum Photos Licensing
You shall indemnify Magnum Photos, 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 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 requested and purchased through Magnum Photos 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, 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 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 from Magnum Photos. The rights to alter any photograph rests with the photographer and Magnum Photos will seek their opinion on any alteration request. Today, many alterations are granted by Magnum photographers, but 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 photographer should be credited with any reproduction of their work. The credit line should read © photographer's name/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.
Magnum would always request at least two copies of any publication featuring an image reproduction upon publication.
Most Magnum photographers' 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. Unless specified by Magnum in writing, no model releases or other releases for any images. 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 Magnum 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 Magnum in writing.
(b) the use of any Image exceeds the scope of the release provided by Magnum.
The licensee will also indemnify and hold Magnum 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. Magnum's liability for all claims shall not exceed in any event the total amount invoiced per particular image. Magnum makes 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 our behalf.
Terms & Conditions of The Magnum Store Division
Welcome to Magnum Photos Store (Magnum Store). Magnum Store provides its services to you subject to the following conditions. If you visit or shop at the Magnum Store, you accept these conditions. Please read them carefully. In addition, when you use any current or future Magnum Store service or visit or purchase from any business affiliated with Magnum Store, whether or not included in the Magnum Store Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Magnum Store or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Magnum Store or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Magnum Photos and protected by U.S. and international copyright laws.
MAGNUM STORE; are registered trademarks of MAGNUM PHOTOS, Inc. or in the United States and other countries. Magnum Store graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Magnum Photos, Inc. or its subsidiaries. Magnum Store's trademarks and trade dress may not be used in connection with any product or service that is not Magnum Store's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Magnum Store. All other trademarks not owned by Magnum Store or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Magnum Store or its subsidiaries.
LICENSE AND SITE ACCESS
Magnum Store grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Magnum Store. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Magnum Store. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Magnum Store and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Magnum Store's name or trademarks without the express written consent of Magnum Store. Any unauthorized use terminates the permission or license granted by Magnum Store. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Magnum Store so long as the link does not portray Magnum Store, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Magnum Photos logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Magnum Store does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Magnum Store only with involvement of a parent or guardian. Magnum Store and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Magnum Store and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from Magnum Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Magnum Store specializes in Signed, Limited Editions, Rare and Out-of-Print books. A signed book is defined as a publication bearing a photographer’s signature within its pages, an estate stamp, or, in rare cases when a signature is not possible to obtain, an archival sticker with a signature.
Magnum Store attempts to provide signatures at archival standards, however we cannot make any guarantee for their legibility, neatness, or archivibility.
Magnum Store and its affiliates attempt to be as accurate as possible. However, Magnum Store does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Magnum Store itself is not as described, your sole remedy is to return it in unused condition.
The prices are estimated in accordance with standard industry practice for rare and signed books; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MAGNUM STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAGNUM STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGNUM STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAGNUM STORE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MAGNUM STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAGNUM STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Magnum Store, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Magnum Store or its affiliates.
SITE POLICIES, MODIFICATION, AND SEVERABILITY