Section 1: Loaning of Photographs
- 1. Loaned photographs may only be used within the guidelines set for intended purpose, number of copies, length of time, etc. The copyright for the photographs (including moral rights of the creator) shall belong to Eiichi Yoshioka, and shall not be transferred.
- 2. The valid term of use for a photograph shall be no more than one year. Conditions for use of loaned photographs shall be set on a per-use basis (as a general rule, photographs are loaned on a single-company, single-issue, single-variety, single-edition, single-location, single-website, single-use basis). Secondary use or repeat use is prohibited without express permission from Eiichi Yoshioka. Additional use of loaned photographs shall be permitted only after separate payment has been confirmed.
- 3. Users are not granted any right to permit third parties to reproduce or distribute any copyrighted loaned photographs.
- 4. Eiichi Yoshioka reserves the right to claim financial compensation in the event that a copyrighted loaned photograph is used for secondary use or repeat use without permission, or if the user grants permission to another party to make reproductions, etc.
Section 2: Portrait Rights, etc.
- 1. As a general rule, Eiichi Yoshioka does not hold the portrait rights, trademark rights, usage rights, etc. of the people, buildings, vehicles, etc. depicted in his photographs. These rights are not included in the costs of permission to use Yoshioka’s photographs.
- 2. Eiichi Yoshioka assumes no liability in the event of any trouble or dispute with any other party that arises due to improperly handled rights authorization regarding any person or object depicted in a photograph. Some organizations may require applications for use of photographs depicting their staff, buildings, etc.; please make confirmations in advance.
Section 3: Management of Photograph Data
- 1. Photographs are loaned in the form of JPEG image file data (if you would prefer a different format, such as TIFF, please note this beforehand). Users (including related individuals at print companies, advertising agencies, etc.) are requested to ensure proper management of the photograph data. This includes ensuring that photograph data is not leaked to third parties, and that photograph data is deleted promptly after use. In recent years, there have been cases of photograph data being used without permission for secondary use, or being uploaded to social networking services. Please note that cases like these may lead to legal issues under the Copyright Act.
Section 4: Cautions for Handling
- 1. Photographs are edited and processed by Eiichi Yoshioka (cropping, color adjustments, etc.). If you plan to make further color adjustments, please first request permission.
- 2. Users are permitted to modify the size and/or cropping of photographs when using them (do not modify aspect ratio).
- 3. Do not remove or modify the copyright management metadata embedded in the photograph files (photographer, date/time, EXIF data, etc.).
Section 5: Photograph Credits
- 1. As a general rule, printed materials and web sites are to run a photograph credit when using a photograph by Eiichi Yoshioka. For printed materials, users are also asked to send two copies, free of charge, to Eiichi Yoshioka (or, if sending a proper copy of the printed material would be unfeasible, duplicates are acceptable) for informational purposes.
- 2. Example of acceptable credit: “Photo by Eiichi Yoshioka”
Section 6: Terms of Payment
- 1. Once use of a photograph has been decided upon, a price quote will be issued. The bill will be issued at the same time as the photograph file is sent.
- 2. Payment is to be made by bank transfer, within 60 days of the bill’s issue date.
- 3. In the event that the planned use is canceled after the bill is issued, a cancelation fee of 30% of the total quoted price will still apply.