Welcome to BBC Photo Library

Kiss Me Kate

"Kiss Me Kate" was the gala show for the opening night of BBC Two on 20 April 1964. (Part of the launch night BBC 2)

Welcome to BBC Photo Library

Welcome to the BBC Photo Library where you can find BBC copyright images available to license for editorial use in digital and print media. This is a commercial fee paying service offered on a business to business basis. All customers must register before being able to use this service. BBC Photos are not available to members of the public for private use. Due to the BBC’s status as a Public Service organisation, BBC images must not be used in a way which appears to endorse or promote third parties.

Links to other related sites

BBC Picture Publicity: Click here
BBC Motion Gallery for clips & screen grabs: Click here
BBC Branding for Logos and Trademarks: Click here

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Terms and Conditions

1. Definitions

Terms in this Agreement shall have the following meanings:
“Agreement” means these Standard Terms together with the Receipt Documentation; “Account Client” means a client who has been credit checked, makes regular use of the Library, and has written approval from the Library to make payment in accordance with Clause 8.3; “Advance Client” means any customer who is not an Account Client; “Client” means an Account Client or Advance Client and more specifically the Client identified in the Receipt Documentation; “Fees” includes any fee referred to in Clause ‎2 and/or any other fee payable by the Client payable in accordance with the Payment Terms; “Intellectual Property Rights”/“IPR” means copyright, patents, trade marks, service marks, unregistered design rights, registered designs, topography rights, database rights, rights to extract and re-utilise database rights, rights of confidence, know-how, broadcast rights and all other similar rights anywhere in the world, statutory or otherwise, whether or not registered and including applications for registration of any of them; “Library” means the online BBC Photo Library, which is the supplier of the Pictures; “Moral Rights” means the right of the author of a copyright work to be identified as the author or director of the work, not to have his work subjected to derogatory treatment and the right not to have authorship falsely attributed; “Parties” means the Client and the BBC; “Payment Terms” means payment in accordance with Clause 8; “Picture” means a BBC copyright photograph, which the Library may offer as a digital file for the purpose of reproduction; “Preview Picture” means a watermarked copy of a Picture; “Receipt Documentation” means the e-receipt that the Client will receive following any purchase of a licence to any Picture or Pictures, confirming the specific Reproduction Rights and any other specific terms relating to the purchase of the Picture(s) by the Client; “Reproduction” includes any form of publication or copying of the whole or part of any picture whether by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or by any other means; “Reproduction Right” means the non-exclusive right to publish a printed or digital copy of a Picture for media industry purposes, as specified by the Client on purchase of a licence of a Picture or Pictures and as stated on the relevant Receipt Documentation; “Research” means the required discovery of suitable material/Pictures to fulfil the Client’s request; and “Working Day” means Monday to Friday, excluding public holidays in England.

2. Existence of Contract

The Agreement shall prevail at all times over all other terms and conditions which the Client may purport to apply and to the extent any obligations hereunder have already been performed by either party, then such obligations shall for all purposes be deemed to have been performed in accordance with and subject to the provisions of the Agreement. The Client’s request for Research and/or the Pictures shall be deemed conclusive evidence of the Client’s acceptance of the Agreement provided the Client has been given notice of the terms herein.

3. Fees

3.1 In consideration of the BBC supplying the Pictures in accordance with this Agreement the Client agrees to pay the Fee, which shall be calculated in accordance with the Client’s specific choices of size, number, Reproduction Rights etc within the Library and as stated on the relevant Receipt Documentation.
3.2 Fees are expressed as being exclusive of Value Added Tax or any other taxes which may be payable.

4. Grant of Rights

4.1 Reproduction Rights may be granted for editorial purposes in newspapers, magazines, on television, DVD, VHS, book covers or such other use as specified in the Receipt Documentation. Where Reproduction Rights are granted by the Library, they shall be strictly limited to such use for such period of time and territory specified in the Receipt Documentation and shall relate to such use in a single size with text (if any) in one language only. Reproduction Rights granted are personal to the Client and may not be assigned, nor may any Picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of granted Reproduction Rights.
4.2 Only those Reproduction Rights and other terms of use of the Pictures that are expressly specified in the Receipt Documentation are granted to the Client. If the Client wishes to make further use of any of the Pictures, a further Fee must be paid.
4.3 The Client acknowledges and agrees that it shall in no circumstances acquire IPR in or to the BBC Picture(s).
4.4 Pictures are supplied on loan, and the Pictures and the Intellectual Property Rights therein remain at all times the property of the BBC.
4.5 Pictures are supplied for bona fide purposes only and may not be given, sold, rented or hired to any third party.
4.6 The Client will be able to download Preview Pictures but will not make any use of any Preview Picture other than to preview and help decide whether to pay a Fee for the further rights granted in respect of Pictures under this Agreement.

5. Clearances

Any underlying third party rights including actors and/or models permissions must be obtained by the Client from the relevant parties (or their representatives) prior to use.

6. Usage

6.1 Where a Picture is recognisable as a BBC image (for example an image of a BBC star or production), the Picture must be shown in its entirety and may not be edited, altered, re-branded, added to or modified in any way.
6.2 The Client agrees that the Library may only be used by individuals who have completed the Library’s online registration form and who have been provided with login details by the Library. The login details are solely for use by that individual and may not be passed to any other person. The Client is responsible for maintaining the confidentiality of its password. The BBC will incur no liability in the event that the Client’s password was used by someone other than itself and cannot be held liable for any damages resulting from such unauthorised use by the Client or any third party. The Client will be responsible for any damage caused by unauthorised access resulting from failure to keep a password secure. The Client is required to immediately inform the BBC of any unauthorised use of a password and to change a password as soon as it may no longer be confidential.
6.3 The Client shall ensure that usage of the Picture(s) conforms to the requirements and recommendations of the BBC's Fair Trading Guidelines located at http://downloads.bbc.co.uk/aboutthebbc/insidethebbc/howwework/policiesandguidelines/pdf/fairtrading_guidelines_010812.pdf
6.4 All Pictures supplied by the Library must be destroyed promptly after expiry of the rights granted to the Client in the Receipt Documentation.
6.5 The Client acknowledges that the BBC operates under strict editorial guidelines and cannot endorse the use of material that is inappropriate or damages the BBC’s reputation in any way. Further details on the BBC editorial guidelines can be found at http://www.bbc.co.uk/guidelines/editorialguidelines/. The Pictures shall not be used in a manner which:
6.5.1 is inappropriate as regards the purpose for which the Pictures were originally used, for example by changing the context;
6.5.2 discriminates against any specific social group or otherwise exploit vulnerable sections of society;
6.5.3 promotes, encourages or facilitates violence;
6.5.4 promotes, encourages or facilitates illegal activity;
6.5.5 promotes, encourages or facilitates terrorism or other activities which risk national security;
6.5.6 promotes the tobacco, armaments, alcohol or pornographic industries;
6.5.7 encourages hatred on grounds of race, religion, gender, disability, age or sexual orientation or promote, encourage or facilitate anti-social behaviour;
6.5.8 is used directly or indirectly in any manner for any advertising or promotional purpose;
6.5.9 where the presence of the BBC content might be perceived as damaging the BBC’s reputation for accuracy or impartiality; or
6.5.10 otherwise brings the BBC into disrepute.

7. Credit

7.1 It is agreed that the credit line Copyright © BBC or Copyright © BBC Photo Library (or as otherwise specified in writing by the Library) shall clearly appear on any picture reproduced by the Client. Reproduction of any picture without the said credit line is a material breach of the Client’s obligations under the Agreement.
7.2 If requested by the BBC, a single proof of any publication or the relevant pages thereof containing any Pictures supplied by the Library are to be furnished to the Library by the Client free of charge within five (5) Working Days of such a request by the BBC.

8. Payment Terms

8.1 All Fees and any other sums which are payable under this Agreement are payable by Advance Clients in accordance with Clause ‎8.2 and by Account Clients in accordance with Clause ‎8.3.
8.2 All Fees and any other sums which are payable by Advance Clients are payable in advance by debit or credit card.
8.3 All Fees and any other sums which are payable by Account Clients shall fall due for payment no later than 30 days from the date of the BBC monthly invoice unless otherwise agreed with the Library. Account Clients may request to set up an account by emailing photo.library@bbc.co.uk. Acceptance of an Account Client is at the Library’s sole discretion. In the event the Account Client fails to make payment by the due date the Library shall, without prejudice to its other rights under the Agreement or otherwise, at law or in equity be entitled to charge the Account Client interest at such rate as the Library may request but which shall not in any event exceed 5% per annum above the BBC’s principal banker’s normal base rate from time to time accruing daily until payment of the principal sum is made in full. The Library shall also be entitled to request that all further payments be made in advance by credit or debit card and if the Account Client fails to pay in advance, the Library shall be entitled to terminate the Agreement.

9. Termination

9.1 The BBC may terminate an account of any Client or terminate this Agreement:
9.1.1 immediately, if the Client commits a material breach of this Agreement which is irremediable or which the Client does not remedy within five (5) Working Days of notice of such breach;
9.1.2 immediately, if the Client is unable to pay their debts when they fall due, or they are otherwise deemed to be insolvent; or
9.1.3 in any event on the provision of thirty (30) Working Days’ written notice.
9.2 The Client acknowledges that some of the provisions of this Agreement will survive the expiry or early termination of this Agreement including but not limited to IPR and Grant of Rights, Confidentiality, Warranties, Indemnity and Liability.

10. Confidentiality and FOIA

10.1 Each Party will keep confidential any information provided by the other and each Party agrees not to use such information except as required under this Agreement, or by law (including where information is required to be disclosed in accordance with the Freedom of Information Act 2000 (“FOIA”) if applicable). These obligations of confidentiality will not apply to information that: (i) becomes public other than through disclosure by the receiving Party; (ii) is received from a third party under no duty of confidence; (iii) is independently developed; or (iv) the receiving Party possesses without any restriction as to disclosure prior to receiving it from the disclosing Party.
10.2 Where either Party receives a request to disclose any information that, under this Agreement, is confidential information, it will notify the other Party and consult with the other Party. Each Party shall respond within ten (10) working days after receiving the other Party’s notice of request and shall provide the other Party with all reasonable information and assistance at its own cost.
10.3 The BBC shall be responsible for responding to any requests for information made under FOIA and for determining at its absolute discretion whether the information is:
10.3.1 exempt from disclosure in accordance with the FOIA;
10.3.2 to be disclosed in response to a request for information under the FOIA and in no event shall You respond directly to the requestor unless expressly authorised to do so by the BBC.
10.4 The Client acknowledges that the BBC may be obliged under the FOIA to disclose information following consultation with the Client and having taken the Client’s views into account.

11. Data Protection

11.1 Each Party warrants and undertakes that it (and its sub-contractors and agents if any) shall duly observe its obligations under the Data Protection Act 1998 (“DPA”).
11.2 In addition to compliance with the DPA, where the Client is required to process any item of personal data (as defined the DPA) pursuant to obligations in this Agreement (“BBC Personal Data”) the Client shall be acting as the BBC’s data processor and the BBC shall be the data controller (such terms as defined by the DPA). The Client agrees that it (or any of its sub-contractors) shall process such data only upon the BBC’s instructions and shall not disclose the BBC Personal Data to any unauthorised party whatsoever. For the avoidance of doubt, the Client shall not use the BBC Personal Data for any commercial or marketing purposes whatsoever.
11.3 The Client agrees to maintain technical and organisational security measures sufficient to comply at least with the obligations imposed on the Client by the Seventh Principle of the DPA so as to ensure the personal data the Client process on behalf of the BBC is kept securely.
11.4 The Client shall not transfer BBC Personal Data outside the EEA without the BBC’s express written permission.

12. Warranties and Representations

12.1 Each Party warrants and represents to the other that it has the right to enter into this Agreement.
12.2 The Client warrants that the Client reasonably believes the information provided to the Library in the online registration form to be correct.
12.3 The Client warrants that it shall only use the Picture(s) in accordance with the Reproduction Rights and other terms of use of the Pictures set out in the Receipt Documentation and in accordance with Clauses 4 and 6.
12.4 The Client warrants that the Picture(s) shall not be altered, edited, adapted or used in any way to create a derivative work or in a way that is calculated to bring the BBC, or the person pictured into disrepute or which is defamatory of any person or organisation.
12.5 Unless specified in writing no warranty is given by the Library as to the existence, validity or availability of model or other releases in respect of any Picture(s) and the Library shall not be liable for the absence of such a release or for any defect in any existing releases.
12.6 The Library gives no rights or warranties with regard to the use of names, trade marks, registered or copyright designs or works of art depicted in any Pictures and the Client must ensure that all the necessary rights or consents as may be required for reproduction are obtained.

13. Indemnity and Liability

13.1 While the Library takes all reasonable care in the performance of the Agreement generally, the Library shall not be liable for any loss or damage suffered by the Client or by any third party arising from any defect in any Picture or its caption or in any way from its reproduction.
13.2 The Client shall indemnify and hold harmless the BBC against any loss suffered by the Library from any reproduction of the Picture by the Client without effective releases, rights or consents.
13.3 The Client agrees to indemnify and to hold harmless the BBC and its agents from any resulting claims, losses, liabilities, damages or expenses, including court costs and reasonable legal fees, arising out of any willful, unlawful or negligent acts or omissions by the Client in relation to this Agreement or arising out of any breach of the Client’s obligations, undertakings or warranties under this Agreement.
13.4 Nothing in this Agreement shall exclude or restrict either Party’s liability for: (i) death or personal injury resulting from the negligence of a Party or its employees acting in the course of their employment; (ii) fraudulent misrepresentation; or (iii) any other cause of action which cannot be limited or excluded under applicable law.
13.5 The Parties shall not be liable for any consequential or indirect losses, including any indirect loss of profits, revenues, business, and/or anticipated savings, whether or not in the contemplation of the Parties at the time of entering into this Agreement unless expressly set out in this Agreement.

14. General

14.1 The Client may neither assign nor sub-contract any or all of the rights or obligations under this Agreement without the BBC’s prior written permission.
14.2 With the exception of any fraudulent misrepresentations made by either Party to the other, this Agreement is the complete agreement between the Client and the BBC with respect to the Research & Picture(s). If and to the extent that the Client has entered into an agreement with the Information and Archives Department of the BBC which relates, among other things, to the use of the Pictures, this Agreement will take precedence over such other agreement to the extent of any inconsistency.
14.3 Any conflict between this Agreement and any purchase order or other document will be resolved in favour of this Agreement. If the Client or the BBC waive(s) a breach or default by the other, such waiver will not constitute the waiver of any subsequent breach or default.
14.4 If any provision of this Agreement is held invalid by a court, such provision will be omitted, but the remainder of this Agreement will continue to be binding upon the Client and the BBC.
14.5 No variation of any term or condition set out herein shall be effective unless agreed in writing by both parties. The Library catalogue, prospectus or other advertising material does not form part of this Agreement.
14.6 This Agreement does not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 enforceable by any person who is not a party to this Agreement.
14.7 For the avoidance of doubt, this Agreement grants no right to use the BBC logo or trademarks which would be subject to separate agreement and the execution of an appropriate trademark licence.
14.8 This Agreement shall be subject to and construed according to English Law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
14.9 On the Client’s death or bankruptcy or (if the Client is a company) in the event of a resolution, petition or order for winding-up being made against it, or if a receiver is appointed, the BBC may at any time thereafter inspect any records, accounts and books relating to the reproduction of the Library’s pictures to ensure that the Pictures are being used only in accordance with the Reproduction Rights granted to the Client.