Copyright

 

                                             Nathalie van Basten Batenburg will not agree to undertake editorial assignment

                                          work where the client wishes to hold the copyright.

 

                                Content Licensing

 

All content requested and purchased from Nathalie van Basten Batenburg are offered on an individual

license basis - sometimes referred to as Rights Managed Licensing. The copyright of the content is always

retained by Nathalie van Basten Batenburg. The licenses serve to protect the rights of Nathalie van Basten

Batenburg, the licensee and even the subject matter of the content. Rights management has advantages

for the licensee as it can be used to limit the use of particular content, even allowing the use to be licensed

exclusively, which effectively embargoes the use of the same content within the requested media.

 

Usage Rights.

When content is licensed by Nathalie van Basten Batenburg, the usage is specified on the invoice and

cannot be used for any other purpose without further agreement by Nathalie van Basten Batenburg.

Usage Fee.

A fee is generally payable to license any rights managed content. The fee is based on how the content 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. Nathalie van Basten

Batenburg calculates 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.

Images must not be altered, cropped or manipulated in any form without permission from Nathalie van

Basten Batenburg. The rights to alter any images rests with Nathalie van Basten Batenburg.

It is necessary to submit a request before any 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.

 

Captions.

All image 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 sailor on a lunch

break looking tired, cannot be captioned by the licensee as a lazy worker taking time off when they should

be working.

 

Credit Lines.

With all editorial rights managed work, the author should be credited with any reproduction of his work. The

credit line should read © Nathalie van Basten Batenburg. The preferable location for this credit line is

immediately adjacent to the work or in the acknowledgements or credits section. For all commercial and

advertising uses, I would request that the licensee would use reasonable effort to provide the same credit

line.

 

Published Content.

I would always request at least two copies of any publication featuring a content reproduction upon

publication.

 

Model Release.

Most of the pictures and filmed work is of a documentary nature, whereby the author is documenting the

world around him. This style of working does not lend itself to the obtaining of model releases or other

releases. Unless specified by me in writing, no model releases or other releases for any content. 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 Nathalie van Basten Batenburg harmless against any and all claims,

liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the

use of any content for which:

        (a) no release was furnished by Nathalie van Basten Batenburg in writing.
        (b) the use of any work exceeds the scope of the release provided by Nathalie van Basten Batenburg.

The licensee will also indemnify and hold Nathalie van Basten Batenburg 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 content, including, but not limited to, defamation, right of

privacy, right of publicity, and obscenity claims. Nathalie van Basten Batenburg's liability for all claims shall

not exceed in any event the total amount invoiced per particular image. Nathalie van Basten Batenburg

makes no representation or warranty with respect to the use of any names, trademarks or works of art

depicted in any content or the accuracy of captions accompanying any images.