Usage

Luke kindly donated his photos from the Sunday Telegraph article, however they were given on the understanding that they were copyrighted and for the use of this site only, anyone interested in buying these photos should contact Luke with the details below.

Contact Luke click here

"luke Tchalenko" <lukaspost@mail.ru>

tel/fax +7 095 214 2061

Photo Invoice

Reproduction Rights: Specified Usage Only. See
Terms and Conditions
Specified Usage: For use on website
rosiearoundtheworld.co.uk only. No
other reproduction rights are granted.

Hope all well and looking forward to seeing the
photos on the site,

Luke.

TERMS AND CONDITIONS OF COMMISSIONING AND
REPRODUCTION OF PICTURES

1. In this Agreement the terms (a) picture
includes a photograph,
transparency, negative, digital scan, design,
artwork, painting,
montage drawing, engraving or any other item
which may be offered for
the purposes of reproduction: (b) reproduction
includes any form of
publication or copying of the whole or part of
any picture and whether
or not altered 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 storage by any other means (c)
the Client is the person
or organisation to whom the invoice is addressed
(whether or not the
Client is acting for a third party).

2. (a) The entire copyright in the pictures is
retained by Luke
Tchalenko at all times throughout the world.

(b) Luke Tchalenko supplies the technical and
artistic ability to
illustrate an idea photographically, and sells
the right to reproduce
those pictures in a given context. No property or
copyright in any
pictures shall pass to the Client whether on its
submission or on Luke
Tchalenko's grant of reproduction rights in
respect thereof.

(c) Luke Tchalenko asserts both his moral right
to be identified as
the author of his work and the right to a credit
is asserted in
accordance with sections 77 and 78 of Copyright,
Designs and Patents
Act 1988.

(d) Unless otherwise agreed in writing if any
picture reproduced by
the Client omits the copyright notice or credit
line specified by Luke
Tchalenko any fee payable by the Client shall be
subject to an increase
specified by Luke Tchalenko, and in any event an
increase of not less
than 25%

3. (a) Reproduction rights (if and when
granted) are strictly limited
to the use and period of time specified on Luke
Tchalenko's invoice. An
agreement must be reached with Luke Tchalenko
before the pictures are
used for a different purpose or after the licence
to use has expired.

(b) Reproduction rights are not issued
exclusively to the Client
except when specified on the invoice.

(c) 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 such reproduction rights

(d) Any reproduction rights granted are by way
of licence and no
partial or other assignment of copyright shall be
implied.

(e) Luke Tchalenko reserves the right to refuse
to supply or grant a
reproduction licence to a third party when
requested to do so by the
Client.

4. The following terms are used when describing
the reproduction
rights granted by Luke Tchalenko to the Client:

(a) Internal Use only: The right to use the
pictures only within a
company for non-commercial purposes; publication
in a free in-house
magazine not normally available to the public;
exhibition within the
Client's premises; editorial use in the Client's
intranet site.

(b) PR and Press distribution: The right to use
the pictures as
described in 4(a); plus a licence for third
parties to reproduce such
pictures in print or electronic media in an
editorial context where no
fee has been paid to guarantee publication.

(c) Specified Use Only: The right to use the
pictures once only for
the purpose as described on the invoice.

(d) Editorial: One reproduction only of
pictures supplied within one
print edition of the specified title in an
editorial context only.

5. (a) Risk in and responsibility for any
original transparencies or
prints passes to the Client from the time they
are received until their
safe return. The Client shall immediately inform
Luke Tchalenko in
writing of any loss or misuse of, or damage to
the pictures while in
the Client's possession or that of any third
party. If a picture is not
returned within four weeks of the date for return
then Luke Tchalenko
may in his sole discretion presume it to be lost.

(b) The Client shall be liable to pay
compensation to the Luke
Tchalenko in respect of each picture lost or
damaged. Payment of
compensation does not give rise to any rights in
any picture.
Compensation levels for the pictures are
available from Luke Tchalenko
upon request. These levels are a genuine
pre-estimate of the loss which
would be suffered if such a picture were to be
lost or damaged. the
Client is urged to request these figures and to
take out insurance
cover to cover the total value of the pictures
delivered.

6. (a) Once the Client has made a booking for a
specific time and
date, Luke Tchalenko will not accept any other
work from other clients
for those times and dates.

(b) As a result, once a booking is made, if it
is subsequently
cancelled, a cancellation fee will be charged to
the client according
to the following schedule. When a client cancels
a booking within two
weeks of any confirmed date, a fee of 50% of the
booked time rate will
be charged. When a client cancels photography
within one weeks of any
confirmed date, a fee of 100% of the booked time
rate will be charged.
In addition to this cancellation fee, the client
will be charged for
any expenses already incurred by Luke Tchalenko.

7. (a) Until Luke Tchalenko has invoiced the
reproduction fee neither
party is committed to grant or acquire any
reproduction rights in any
picture. After a fee has been agreed and an
invoice issued there is a
firm and binding contract whereby Luke Tchalenko
is committed to grant
reproduction rights and the Client to acquire
them. If after such
invoicing but before payment the Client requests
cancellation of the
reproduction rights Luke Tchalenko may in his
discretion cancel subject
to the Client paying a cancellation fee.

(b) The Client's right to reproduce a picture
arises only when Luke
Tchalenko's invoice relating to the grant of such
right is fully paid
(including interest charges levied on late
payment of the invoice or
invoices). Any reproduction before payment of the
invoice constitutes
an infringement of rights and a breach of this
Agreement entitling Luke
Tchalenko to rescind the Agreement and rendering
the Client liable for
the payment of damages.

(c) Luke Tchalenko's invoice shall be paid
within 28 days of issue.
Invoices which are settled within 14 days of
issue may be entitled, at
Luke Tchalenko's sole discretion, to a discount
of 4% off the gross
amount shown on the invoice.

(d) If payment is not made in accordance with
(a) above then Luke
Tchalenko may rescind this Agreement and recover
damages, or, at his
option, may exercise his statutory right to
interest under the Late
Payment Of Commercial Debts (Interest) Act 1998.

(e) If any invoice issued to the Client is not
paid by the Due Date,
then all unpaid invoices issued to the Client
become due of immediate
effect, even if it is less than 28 days from the
issue date, and that
Luke Tchalenko may consider these invoices as
overdue when pursuing
legal action for the recovery of said debts.

(f) A fee of £15.50 (including VAT) will be
made for each account
reminder, duplicate invoice, or any other
paperwork, correspondence or
phone calls involved with the pursual of a debt.
This fee is
non-refundable, and represents the additional
time spent pursuing
overdue invoices.

(g) The Late Payments Calculator shown on the
front of the invoice is
a guide to charges that will be made to an
overdue invoice. These
charges may vary due to the nature of the debt:
for example, if
reminders are sent out every two weeks instead of
monthly. This guide
is shown to clarify Luke Tchalenko's charges for
late payment, and
publication of them does not constitute a right
to pay an invoice after
the Due Date.

(h) Luke Tchalenko reserves the right to
suspend ongoing services,
such as (but not limited to) the Downloadable Web
Page or other
distribution of pictures, once any invoice issued
to a Client becomes
overdue, and also reserves the right to inform
the reason of this to
third parties to whom this suspension of service
affects.

8. 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,
Luke Tchalenko may at
any time thereafter inspect any records, accounts
and books relating to
the reproduction of his pictures to ensure that
the pictures are being
used only in accordance with the reproduction
rights granted to the
Client.

9. (a) Luke Tchalenko will edit every take and
deliver what he
considers to be the best of every situation
covered. As a result,
contact sheets (or their digital equivalent) will
only be supplied to
the client in exceptional circumstances.

(b) No addition to, deletion from or alteration
to or adaptation of a
picture may be made without the written
permission of Luke Tchalenko.

(c) Unless a rejection fee has been agreed in
advance, there is no
right to reject on the basis of style,
composition or editing.

10. In the case of printed publications, three
copies of the relevant
pages containing any picture supplied are to be
furnished to Luke
Tchalenko free of charge within two weeks. In
other media, evidence of
use must be made available if requested.

11. (a) While Luke Tchalenko takes all
reasonable care in the
performance of this agreement generally, he shall
not be liable for any
loss or damage suffered by the Client of by any
third party arising
from use or reproduction of any picture or its
caption.

(b) The Client agrees to indemnify Luke
Tchalenko in respect of any
claims or damages or any costs arising in any
manner from the
reproduction without proper reproduction rights
of any picture supplied
to the Client by Luke Tchalenko.

(c) It is the Client who must satisfy himself
that all necessary
rights, model releases or consents which may be
required for
reproduction, are obtained and it is acknowledged
that Luke Tchalenko
gives no warranty or undertaking that any such
rights, model releases
or consents have or will be obtained whether in
relation to the use of
names, people, trade marks, registered or
copyright designs or works of
art depicted in any picture. In the event that
the picture issued or
reproduced by or with the authority of the Client
then the Client shall
indemnify Luke Tchalenko against any loss or
damage, proceedings or
costs where such rights, releases or consents
have not been obtained.

12. (a) This Agreement shall be subject to and
constructed according
to United Kingdom Law and the parties agree to
accept the exclusive
direction of the Courts of the United Kingdom.

(b) No variation of terms and conditions set
out herein shall be
effective unless agreed in writing by both
parties.

PAYMENT

Payment should normally be made by crossed
cheque made payable to
"Luke Tchalenko" or Bank Wire transfer. Proof of
postage of remittances
is not cosidered proof of receipt, and clients
are advised to send
payment by any method affording proof of
delivery.