If You Use a Sandra Sergeant Photography image without permission, fail to pay an invoice or otherwise breach these Terms, this Recovery Procedure will be Used to protect Sandra Sergeant Photography from:
Loss of income, profits & earnings
Unauthorised and /or unattributed Use of or orphaning images
SSP may be entitled to:
Compensatory Damages – where images have been Used without having been paid for.
Further damages – for failure to credit an image (breach of statutory duty under S.103 of the Copyright, Designs and Patents Act) and for any derogatory treatment of the image/s.
Additional damages – where the breach is flagrant or where You have gained a benefit from Using the image/s and for ‘moral prejudice’ under S.3(2)(a)(ii), The Intellectual Property (Enforcement, etc.) Regulations 2006.
Require an account of profits from Your Use of the image.
Require You to carry out disclosure of the full amount of profits derived from Use of the image/s
Reclaim Lawyers’ fees, court fees, and other expenses related to the matter.
In the first instance the Terms and email or other correspondence between Us will determine the permissions You have regarding the images and the infringements. If You are unsure whether You have the authorisation to Use an image, please ask. Any breaches of these Terms will be noted and communicated to You with the appropriate remedy. If after 7 days, the matter is not resolved SSP will make a settlement offer. If the settlement offer is not paid within 14 days legal proceedings will commence.