Terms & Conditions of Use
NA3T is an “archive of last resort” established specifically for the conservation of original negatives and colour slides (images). Photographic prints (as opposed to negatives) are excluded from the collection policy as are copy slides and copy negatives.
The Intellectual Property Rights (IPR) for the NA3T Collection are protected under UK copyright law (The Copyright, Designs and Patents Act 1988 (as amended)).
Unless otherwise stated, the author/owner of the IPR for all NA3T images, both catalogued and awaiting cataloguing, is the archive Collection Manager.
Possession of an NA3T photo in either hard copy or digital form, regardless of media, does not constitute a right to publish or otherwise use that image.
Permission to use any NA3T image must be obtained from the Collection Manager in advance.
Authors, Editors and Publishers (Users) should be aware that prints and digital copies from many of our images are legitimately held in various private collections worldwide and that counterfeit / bootleg copies are also in circulation together with photos with out-of-date, fake or misapplied copyright markings on the obverse. All such material is held for private use and no rights exist beyond this unless a valid license has been obtained. Only the NA3T Collection Manager may issue such a license.
The Collection Manager may, at his sole discretion, use due legal process to obtain the surrender of any fake, bootleg or otherwise illegal copies of NA3T images.
Use of a NA3T image without obtaining the necessary license may render the User liable for an amount not greater than twice the full NA3T rate plus recovery costs and any third party damages. We therefore strongly urge Users to be cautious of all images claiming to be from a private “collection”, “library” or “archive” or submitted in digital format.
We recommend Users obtain assurances from their contributors that they (the contributors) either own the rights to every image submitted for publication or that a valid license from the IPR owner has been obtained. Our own catalogue is available on-line and may be checked quite simply by visiting this web site and searching for the subject ident (e.g. registration or serial number). The validity of licenses issued by us may be checked by eMailing us with the license number.
If you wish to publish a photo that you believe may be from our unscanned catalogue or held in our uncatalogued collection, you may have it checked by submitting a thumbnail (approximately 600 pixels wide) to coll_mgr@transport[anti-spam]photos.org (remove [anti-spam]).
It is NA3T policy not to come between publishers/editors and their contributors and we shall hold the publisher/editor ultimately responsible for ensuring satisfactory licensing arrangements are in place for each NA3T image used.
The Terms and Conditions of Use
These Terms and Conditions will apply if you use an NA3T image, in whole or in part including photos produced prior to the original image becoming part of the NA3T Collection. If you do not agree the Terms do not use the images.
NA3T images must not to be edited or altered, published*, copied, incorporated into or used as a component part of any work, placed on public display or resold by way of trade (including on-line auctions) without prior written agreement or licence from ourselves. Neither shall they be stored on any electronic storage system save for such time as they are required as work in progress in relation to the licensed use, nor shall they be stored as hard copy photos or transferred to any third party by way of loan, sale or gift.
The NA3T also provides a safe environment for private collections. Where it is indicated that the IPR for an image is held by someone other than the NA3T, it may be assumed that the copyright holder imposes the same restrictions as the NA3T and the NA3T Collection Manager shall act as agent on the owner’s behalf.
Failure by NA3T to exercise or enforce any rights under these conditions shall not be deemed to be a waiver of any such rights at any time or times thereafter.
*The term “published” includes, for both complete images and selected parts of images, all forms of reproduction and distribution, regardless of media, including broadcast and Internet/Web publication in whatever context.
Reproduction Rights and Licensing
Unless a Special Agreement or Memorandum of Understanding is in place, a User may reproduce a NA3T image only on payment of the license fee. The License may be delivered electronically or by surface mail and may take the form of an Invoice/License, in which case it shall only become valid on receipt of the required fee.
Possession of a hard copy photo produced from a NA3T image (either directly or indirectly) shall not constitute a right to reproduce that image. Whenever possible the User is required to tell the Collection Manager if any use of a NA3T image is planned and the Collection Manager shall, at his sole discretion, agree an appropriate license fee and issue an Invoice/License as above.
The User may only use the image strictly in accordance with the terms of the license and only when the license has been validated. Each image shall be credited “NA3T photo” unless otherwise agreed in writing. The image shall, at all times, remain the property of NA3T.
The license shall form a contract between NA3T and the User and the User shall not re-assign the license to a third party. In the event that a third party reproduces any image licensed by NA3T, then the Licensed User shall, without prejudice, pay NA3T all the fees that the third party would have paid had the third party acquired a license in accordance with these terms and conditions.
The User shall be responsible for the manner in which the photo is used and shall fully indemnify NA3T against any actions stemming from improper, insensitive or defamatory use.
Whilst every effort is made to ensure the accuracy of the descriptive information occasional errors will occur and we will not accept any liability for any loss or inconvenience resulting from any inaccuracy or omission whatsoever.
The User shall be liable for obtaining any model or other releases that may be required.
The use of our website and/or a NA3T photo signifies acceptance of our terms and conditions. In the event of a conflict between our Terms & Conditions and any other NA3T statement, then these Terms & Conditions shall prevail.
NA3T reserve the right to alter these Terms and Conditions without warning.