Terms of Trade
BBC Photo Archive means the following business-to-business service provided by BBC Archives:
- access to the BBC Photo Archive website, which enables you to:
- register as a user of the service;
- search, browse and download watermarked previews of BBC copyright photographs (BBC Photos), which the BBC Photo Archive may offer as a digital file for the purpose of reproduction;
- purchase BBC Photos for editorial and commercial use in digital and print media;
- additional services which may be provided by BBC Archives from time to time.
BBC Photo Archive is not available to members of the public for private use.
Here are a few rules to stick to when using the BBC Photo Archive and BBC Photos. If you don’t, we’ll stop your access.
- Preview Images: You are permitted to download low resolution, watermarked, preview images of BBC Photos for the sole purpose of assessing whether to purchase a BBC Photo. You must not make any further use of preview images of BBC Photos. You will need to pay a fee to reproduce BBC Photos from the BBC Photo Archive, as set out in the Sales Order.
- Fees: You must pay the fees set out in the Sales Order that are due and keep your BBC Photo Archive account and your business contact details accurate and up to date. The fee is exclusive of VAT and is non-refundable. You must pay separately any fees for third party rights to the third party rights owners.
- Permitted Use of BBC Photos: You must use the BBC Photos only as set out in the Sales Order. Rights to use BBC Photos may be granted for editorial or commercial use in newspaper, magazine and book publishing, on television, DVD, print and digital media or such other use as specified in the Sales Order. Where rights are granted by the BBC, they will be strictly limited to the duration and territory specified in the Sales Order. Rights granted are personal to you and may not be assigned, loaned or transferred to third parties except for the purpose of exercising the rights granted to you.
- Restrictions: Your use of BBC Photos 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. Where a BBC Photo is recognisable as a BBC image (for example, an image of BBC talent, production or location), it must be shown in its entirety and not edited, altered, re-branded or modified in any way.
- Copyright and Third Party Rights: There may be additional third party rights in BBC Photos. You are responsible for getting permission from third party rights owners or any people identified in the photo (including permission to use their personal data, and permissions from actors, models and presenters) and for making payment for that permission and, if we ask you, you will provide evidence that you’ve got it. The BBC does not transfer ownership of any rights to you.
- Personal Data: If there is personal data in the content, you and the BBC are independent data controllers. 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. You must use the personal data only for the purpose and duration of the rights granted to you. The BBC, when acting as data controller of any personal data you provide, is responsible for handling personal data 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/
- Right to withdraw: 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. In exceptional cases you may have to recall a published book.
- Credits: where the copyright in the content is owned by the BBC, you must use the credit “© BBC Archive”. You are not permitted to use the BBC’s logos or trade marks.
- Copy: If requested by the BBC, you must provide one copy of the publication or programme to the BBC for its archive. You must provide the URL address for all websites where BBC Photos are displayed, and you must notify the BBC of all URL address changes.
- 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.
- You must delete the BBC Photos from your devices and systems, and personal data that you’ve exported (at your expense), once the rights granted to you as set out in the Sales Order have expired..
- We take great care that the BBC Photo Archive is the best it can be. We’re not liable for anything that happens if:
- you rely on advice, data, commentary, opinions or any other content
- there are errors, omissions, interruptions, delays, bugs or viruses
- we turn off or remove content or this service
- the thing that happens couldn’t reasonably have been foreseen
- the thing that happens wouldn’t usually result from the mishap
- you and we hadn’t agreed that this thing would probably happen in the event of a mishap.
- Effect of Non-Compliance: failure to comply with one or more of these terms may result in the loss of your rights to use content and we may refuse future licensing requests.
- English law governs these conditions, and only English courts can make judgments about them.