All of the content featured or displayed on this web site, including, but not limited to, text, graphics, photographs, images (“content”), is for viewing purposes only. The content is protected by trade dress, copyright, moral rights, trademark and other international and local laws relating to intellectual property rights.
Content of this website may not be reproduced in any form or by any electronic or mechanical means without permission in writing from, and payment of a fee (or arrangement thereof) to, the Bouvet Foundation. To order (i.e secure reproduction rights to) images, please contact us.
When a copyright interest infringement is discovered, our policy is to invoice the industry standard triple fee for unauthorised usage and/or prosecute in the proper court of law.
You shall indemnify Bouvet against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights.
All images requested and purchased through Bouvet are offered on an individual license basis – sometimes refered to as Rights Managed Licensing. The copyright of the image is always retained by the copyright holder. The licenses serve to protect the rights of all: the photographer, Bouvet, the licensee and even the subject matter of the images.
Rights management has advantages for the licensee as it can be used to limit the use of a particular image, even allowing the use to be licensed exclusively, which effectively embargoes the use of the same image within the requested media. When an image is licensed, there will be standard terms and conditions outlined with your specific usage rights. This will be sent to you once the license has been agreed, with the full Bouvet terms and conditions.
Usage Rights When an image is licensed by Bouvet, the usage is specified on the assignment agreement and/or the invoice and the image cannot be used for any other purpose without further agreement. The images may not be resold, copied or otherwise given to a third person without a written consent from Bouvet.
Usage Fee A fee is generally payable to license any rights managed image. The fee is based on how the image 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. Bouvet 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 Photographs must not be altered, cropped or manipulated in any form without permission from Bouvet. The rights to alter any photograph rests with the photographer, who needs to approve any alteration request before the 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 images 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.
Credit Lines With all editorial rights managed photography, the photographer should be credited with any reproduction of their work. The credit line (aka byline or author) should read
photo © basil rolandsen (http://bouvetmedia.com)
or else as instructed. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. Unless agreed in writing, failure to include the credit line, or including an incorrect credit line, will result in an additional fee.
Published Images Bouvet always requests at least two copies of any publication featuring an image reproduction upon publication.
Model Release Most of our work is of a documentary nature, whereby the photographer is documenting the world around him. This style of photography does not lend itself to the obtaining of model releases or other releases. Unless specified by us in writing, we provide no model releases or other releases for any images. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, or other subjects, which may include trademarks, personality rights, property rights, fine art rights, etc.
The licensee shall indemnify and hold Bouvet harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:
(a) no release was furnished by Bouvet in writing
(b) the use of any Image exceeds the scope of the provided release
The licensee will also indemnify and hold Bouvet 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 Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. Bouvet’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. Bouvet makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
Bouvet does not sell or rent information about our customers to any third parties. All information supplied to us, including your email address and telephone number, is used for internal purposes only. Any payment information submitted to Bouvet is retained in an offline database.
Bouvet may periodically send email updates regarding new information that may be of interest to you. If you do not wish to receive these emails, please reply to the sender and you will be removed from future lists.
Disputes and Claims
Users of the web site agree to the above terms.
Any and all disputes (including claims of copyright interest infringement), arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration as chosen by Bouvet.