Indemnity form for the personal publicity and archival use of BBC photographs

BBC PHOTO ARCHIVE: PERSONAL USE

The following terms apply to supply of content available in the BBC Photo Archive to contributors for personal publicity and archival use.

  1. Permitted Use: You must use content for personal publicity purposes of the contributor only. This means: use in the publication “Spotlight” (or its website); use on the contributor’s agent’s website or social media account; fan mail, or use in the portfolio or personal website or social media account of the contributor. Other than these permitted uses, you must not use content in any production or performance for audiences (paying or non-paying), or use the content for any commercial or profit-making purpose or to promote non-BBC projects. Use of the content outside the permitted use will require an appropriate licence from the BBC.
  2. Restrictions: Use of the content must be in line with the BBC Editorial Guidelines (http://www.bbc.co.uk/guidelines) and you must not use the content in a way that is unlawful, or may damage the BBC’s reputation or may expose the BBC to criminal or civil liability, or in a way which distorts the original meaning of the content (including changing the context); discriminates against a specific social group or exploits vulnerable sections of society; promotes, encourages or facilitates violence, anti-social behaviour, illegal activity or terrorism or other activities which risk national security; promotes the tobacco, weapons, alcohol or pornographic industries; or encourages hatred on grounds of race, religion, gender, disability, age or sexual orientation.
  3. Right to withdraw permission: If the BBC requires you to stop using content, you agree to stop using it immediately, and to withdraw it from availability as soon as possible.
  4. Personal Data: If there is personal data in the content, you and the BBC are independent data controllers of it  and you must use the personal data only for the purpose and duration set out in Part 2 and in accordance with the Data Protection Act 2018 (or its replacement), and any applicable data protection laws and codes of practice, opinions and guidance (including the UK General Data Protection Regulations). For the avoidance of doubt, the parties are not joint data controllers, and as such Article 26 of the Regulation (EU) 2016/679 does not apply. Both Parties shall comply with all Data Protection Laws applicable to controllers. The BBC, as data controller, is responsible for handling personal data you provide in accordance with data protection law.  We do this on the basis that the BBC has a legitimate interest in using your personal data for journalistic, artistic and literary purposes, and in the public interest. For information on data protection, see the Information Commissioner’s website: https://ico.org.uk/]
  5. Credits: Where the copyright in the content is owned by the BBC, you must use the credit “© BBC Photo Archive.” You are not permitted to use the BBC’s logos or trade marks.
  6. Copy: You must provide the URL address for all websites where content is displayed, and you must notify the BBC of all URL address changes.
  7. Liability and indemnity: You indemnify and defend the BBC against all costs and expenses (including legal costs), losses and liabilities brought against or incurred because of: your use of the content, your negligence or wilful default, or any third party claims coming from your use of the content.
  8. Fee: You will pay the fee. The fee is exclusive of VAT and is non-refundable.  You must pay separately fees for third party rights to the third party rights owners (if any).
  9. Effect of Non-Compliance: Failure to comply with one or more of these terms may result in the loss of your permission to use content and we may refuse future requests.
  10. English law governs these conditions, and only English courts can make judgments about them.

[By ticking “I agree”, you hereby acknowledge and agree to the above terms]

Name:

Name of artist / actor / contributor:

Address:

Telephone number:            Email address:

 

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