Terms and Conditions
Access to and use of this site, known as the BBC Pictures Website (the “Service”), is provided by the BBC subject to the following Terms and Conditions (“Terms”):
About this Service
This Service is a UK based business-to-business service administrated by BBC Pictures on behalf of the BBC. The Service has been established in order to make Pictorial Content (as defined in clause 2) owned and/or controlled by the BBC available via the internet for use free of charge in the UK, Ireland and the Benelux, only by Authorised Publications (as defined below) where such use promotes the BBC and/or its programming. The Pictorial Content on this Service relates to the BBC’s current programme output, so is regularly removed and archived when a programme has been broadcast.
In order to become a User of this Service, BBC’s registration form on this Service must be completed (“Registration Procedure”).
The BBC reserves the sole discretion to refuse access to Pictorial Content on this Service. All registration issues are settled by BBC Pictures.
The BBC will reserve the right to provide only one login and password account to each User, which will be provided to the Applicant on behalf of the User. The Applicant will be responsible for keeping the login and password secure, including regularly changing the password after any staff changes and from time to time, and ensuring that the User abides by the Terms and Conditions of the Use of the Service set out below, including ensuring that all staff using the Service are aware of these Terms and Conditions.
Unless agreed in writing by the BBC, access to the Pictorial Content on this Service is not granted to members of the public, fan sites, sole traders, photographers, Public Relation companies, design and press news agencies; city and county councils: freelance journalists and picture editors, independent television and radio production companies, retail companies, educational institutions and non-UK based companies.
Every Applicant must:
Provide true, accurate, current and complete Registration Information.
Maintain and promptly update the Registration Information so that it remains true, accurate, current and complete.
If any information provided as part of the Registration Information is untrue, inaccurate, not current or incomplete, or the BBC has reasonable grounds to suspect that such registration Information is untrue, inaccurate, misleading, not current or incomplete, the BBC has the right to refuse any application to open a User account and/or suspend and/or terminate any existing User account and refuse any and all current or future use of the Site.
On satisfactory completion of the BBC's Registration Procedure, which includes the User's acceptance of these Terms, the User will be supplied with a username and password, for the purposes of which the User acknowledges, undertakes and agrees:
That the login and password provided for use with the Site is supplied to the User subject to the User's agreement to abide by these Terms.
That the User shall be the only person permitted to use the Site pursuant to its individual login and password and shall be fully responsible for all activities that occur under that login and password.
That the User shall not allow external third parties to use its login and password or to gain access to the Site using the User's login and password.
That the User shall notify the BBC immediately of any unauthorized use of the User's login and password or any other breach of security.
"Applicant" means the Head Editor, Picture Editor or other suitably senior member of the Editorial staff, applying on behalf of a User.
"Authorised Publications" means print and digital press media, audio-visual and audio on demand providers, electronic programme guide suppliers and mobile telephony services operating in, with a circulation and accessible only in the UK, Ireland and the Benelux.
“Caption Information” means the text information embedded in the photographic digital images regarding the relevant BBC Programme (and Pictorial Content) including without limitation copyright information, specific embargoes and the identity of photographers and/or the Pictorial Content rights owners.
"Pictorial Content" means the content supplied through the Service, including without limitation any images, logos, stills and idents.
“Publicity Period" commences on the date the Pictorial Content is placed on the Service and ends (i) in the case of a linear television or audio transmission only, three review weeks following the date of transmission, or (ii) in the case of audio-visual or audio on demand content, the last day such content is made available online or via the BBC’s audio-visual or audio on demand players as applicable. For the avoidance of doubt, where content has been made available initially via linear television or audio transmission and which the BBC subsequently makes available online and/or via its audio-visual or audio on demand players then the relevant Publicity Period shall expire on the later date calculated in accordance with the provisions of (i) and (ii) of this definition.
The Publicity Period for Pictorial Content relating to content made available in perpetuity online or via the BBC’s audio-visual or audio on demand players, shall expire on the date such content is no longer available via such medium. Once the relevant Publicity Period has expired all usage of the Pictorial Content will be subject to charge and the licence terms of the BBC Photo Library (email address Photo.Library@bbc.co.uk). The User can find information on the Service regarding where the availability information for the relevant Pictorial Content can be accessed.
"Registration Information" means the information about the User and the proposed manner of use to be provided as prompted by the Service’s Registration Form and as updated from time to time.
"The Service" also means the website accessible through the internet domain name www.bbcpictures.co.uk.
"UK" means that the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.
"User" means the Authorised Publications or those specially agreed in writing by the BBC.
"Ireland" means the Republic of Ireland.
"Benelux" means the Netherlands, Belgium and Luxembourg.
Use of the BBC Pictures Digital Picture Service
1. By using the Service the User agrees to be legally bound by these Terms which shall take effect immediately on their first use of the website. If the User does not agree to be legally bound by all the following Terms please do not access and/or use the Service.
2. By logging in to the Service using a User's login and password the individual confirms that they are authorised to do so by that User.
3. The User may use the Pictorial Content without charge only for the purpose of publicising or reporting on current BBC programming, personnel or other BBC output or activity during the Publicity Period. All publicity and reporting must be accurate and wherever possible the User should credit Pictorial Content to the BBC and any named photographer or independent programme maker, as described in the Caption Information.
4. The User agrees to abide by any guidance or publication embargo dates published with the Pictorial Content on the Service. Embargo date deadlines broken by the User will be taken seriously by the BBC and will result in the User’s access to the Service being withdrawn.
5. The User may not copy, reproduce, download, post, broadcast, transmit or otherwise use the Pictorial Content from the Service except to publicise or report current BBC programmes, personnel or other current BBC output or activity in accordance with these Terms.
6. The User must not use the Pictorial Content for any other purpose whatsoever, including advertising and commercial purposes or to create content for an Authorised Publication in a manner which is not a genuine promotion of the BBC and its programmes, unless the User has received prior written approval from the BBC or other owner of the copyright in the relevant image. Such use will be subject to a charge and the licence terms of the BBC Photo Library (email address Photo.Library@bbc.co.uk).
7. The User will not in any way pass on, syndicate or otherwise distribute the Pictorial Content obtained from the Service to any third party, unless prior written permission has been given by the BBC.
8. The User will not download the Pictorial Content for use outside the UK, Ireland or the Benelux.
9. The User will not adapt, alter or create a derivative work from any Pictorial Content on the Service or use any Pictorial Content in a way which is defamatory or calculated to bring the BBC, or any author of the image, or any person pictured into disrepute.
10. The User will only use the Service and the Pictorial Content for lawful purposes and in a way that does not infringe the rights of the BBC or any third party or restrict or inhibit anyone else's use and enjoyment the Service.
Pictorial Content Use Guidelines
11. The User should only position Pictorial Content solely to identify and promote BBC content and the User must keep Pictorial Content separate from commercial messages or advertisements. The User must not make editorial links between the relevant article and any advertisements or commercial messages or use the Pictorial Content to suggest that the BBC endorses any products or services.
12. The User must only use BBC logos where relevant to the article and the User should not place BBC logos next to third party logos.
13. The User should ensure that Pictorial Content when reproduced is always editorially visibly credited to the BBC and/or individual photographers and/or copyright holder as stipulated in the Caption Information, (the exception being the reproduction of small images on ‘pick-of-the-day’ or similar Television or Radio billings pages or electronic programme guides).
14. The User should ensure that the Pictorial Content used on a website always carries a copyright line in accordance with the copyright line set out in the Caption Information. For BBC owned Pictorial Content, this will be "© BBC".
15. The User acknowledges that the BBC gives no guarantee that Pictorial Content, whether BBC copyright or otherwise, is cleared for use by the User after the Publicity Period.
16. The User acknowledges that the BBC shall be entitled to make a charge for any Pictorial Content in which the BBC owns the copyright and which the User uses outside of the Publicity Period. Use by the User of such Pictorial Content shall be subject to these Terms and/or, at the BBC’s election, the licence terms of the BBC Photo Library (email address Photo.Library@bbc.co.uk), such licence to be obtained prior to any use.
17. Pictorial Content on the Service is protected by copyright, design rights and trademarks of the BBC and/or third parties. Save for the limited use permitted in these Terms, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark or patent or any work protected by design right or copyright of the BBC, or any other third party.
Disclaimer and Indemnity
18. The BBC gives no warranty that functions contained in, or the content of, the Service will be uninterrupted or error free, or that defects will be corrected or that the Service or server that makes it available are free of viruses or bugs. The BBC does not give any warranty that the Pictorial Content will not infringe the rights of any third party and the BBC shall not be liable for any losses suffered or incurred arising out of or in connection with the User’s use of the Service or the Pictorial Content.
The User shall indemnify and keep indemnified the BBC from and against all claims, losses, damages, expenses, costs (including without limitation legal cost) and liabilities arising directly or indirectly in connection with the User’s use of any Pictorial Content, or entry to and/or or use of the Service or by reason of the breach by the User of any of these Terms.
19. The BBC may update or amend these Terms at any time by posting changes online. Please review these Terms regularly to ensure the User is aware of any changes made by the BBC. The User's continued use of the Service or Pictorial Content means that the User agrees to be bound by these Terms as updated and/or amended.
21. The BBC takes abuse of the Service very seriously and reserves the right to withdraw the User's access to the Service and the Pictorial Content at any time and for any reason.
22. These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.