Terms and Conditions
No variation of these terms or conditions shall apply unless agreed in writing by the National Portrait Gallery (‘the Gallery’).
You acknowledge that the Gallery is the owner of the images, and all ownership, title, interest and licensing rights in the images shall belong to the Gallery. In regards to images derived from physical items that are no longer in copyright, in the event that any intellectual property rights are created in the creation of such images, or in the process of their arrangement and selection, the Gallery owns all right, title and interest in these images and any intellectual property rights associated therewith, if any, throughout the world for the full term for which such rights subsist (including extensions and renewals).
Any unauthorised reproduction of the Gallery’s images constitutes an infringement of rights, rendering those responsible liable for the payment of fees not less than twice that charged for properly authorised reproduction, in addition to damages, if appropriate.
In order to ensure quality control, the Gallery only allows reproductions from its own material. Images will usually be supplied as high resolution digital files in JPEG or TIFF format. Reproduction is not permitted from prints purchased via the Gallery shop. The Gallery requires payment in advance for the supply of images and for reproduction fees, except in respect of credit account clients, for whom payment terms are strictly 30 days from the issue date on the invoice. The breach of such terms will automatically result in the cancellation of discounts and fees will be charged at the maximum applicable rate.
The supply of images by the Gallery does not confer or imply the availability of rights to store or reproduce the images or make them available to the public in any medium or form.
If and when rights are granted by the Gallery, these are strictly limited to the use, period of time and the territory specified on the invoice. Unless otherwise specified, all licences are for single edition, one-time, non-exclusive use. For book and magazine licences, ISBNs and ISSNs should be supplied where possible. Please note that editions with different ISBN or ISSN numbers require separate licences. An invoice issued by the Gallery may represent an offer but does not constitute a licence, implied or actual, to grant the rights specified, until payment - in full - of this invoice has been received. Any reproduction of the images before full payment of the invoice constitutes an infringement of rights, rendering the Client liable for the payment of damages. On full payment of the invoice, reproduction rights are granted to the Client, as specified on the invoice, and are not transferable.
The Client must credit all images as follows (unless indicated otherwise): "National Portrait Gallery, London". The cropping or manipulation of images is not allowed without express permission, and any such alterations to the presentation of an image must be acknowledged alongside the image, as agreed in writing by the Gallery. Images must not be reproduced without the correct credit line or in reverse, and clients who do so will be charged additional fees, which will not be less than the original reproduction fee. Where images are licensed by the Gallery for use in digital media, the Client shall provide a credit identifying the author of the images, provide a hypertext link to the Gallery’s website at www.npg.org.uk and prohibit the copying, distribution, transmission, performance, display, rental, lending, communication to the public or storage of the images beyond the context of the specified licensed digital product.
The Gallery’s images must not be copied, stored or transmitted in electronic or other media unless by separate written permission, except where such is incidentally and wholly necessary to the process of production for products properly licensed by the Gallery. At the conclusion of such production, all intermediate copies of this material must be destroyed.
The Client must send at least one complimentary copy of each publication or product to the Gallery for our records including, in digital media, full access to inspect the product, with all necessary passwords, for the duration of the licence.
The Gallery reserves the right to publicise its licensing activities. From time to time this may include reproducing for such purposes an image or description of a licensed publication, product or service (which, it is hoped, will also be to the Client’s benefit).
The Gallery reserves the publication right in all the images made available to the Client, whether or not these images have been previously published in any form.
The Client indemnifies the Gallery against damages as a result of unauthorised or defamatory use of the pictures.
In the event of the Client's insolvency, bankruptcy or death no transfer of ownership in rights or materials from the Gallery shall be deemed to have occurred other than those properly licensed by the Gallery. Materials produced by the Client containing images from the Gallery shall be considered to be infringing copies unless they have been duly licensed by the Gallery to the Client. Therefore such products may not be used to settle the Client's outstanding liabilities without first settling any outstanding invoices due to the Gallery from the Client.
Failure or neglect by the Gallery to enforce at any time any of these terms and conditions shall not be deemed to be a waiver of the Gallery's rights or prejudice its rights to take subsequent action.
These terms and conditions shall be governed by and construed in accordance with English law and the Client hereby submits to the jurisdiction of the English courts.
The personal data supplied by you in order to complete the licensing and invoicing for the use of Gallery content will be used by the National Portrait Gallery for its legal obligation to administer licences and manage financial records. All personal data will be held securely in compliance with GDPR and data protection regulations. Please inform us if your contact details change so we can amend our records accordingly.
If you have made an order which is not what you expected or your project has changed, please contact us at firstname.lastname@example.org within 30 days of delivery of the image(s).
We will endeavour to rectify the issue and if this is not possible, will provide a refund accordingly. If a licence has been approved, but you decide not to proceed with using the image(s), then we will provide a refund for the licensing fee only, within 30 days of notification from you. We will have no further liability to you. All refunds will be issued back to the original payment method. Any image that has refunded or exchanged cannot be stored for future use.