About our licences

"Advertising Use" means the right to incorporate the Material in the Production and exploit the same by an advertising campaign.

"Advertising Use - New Media" means the right to incorporate the Material in the Production and exploit the same by an advertising campaign only appearing on New Media Platform(s).

"All Media Use" means (i) where the Customer selects the single channel/brand option in Section 7(b) of the Special Terms, the right to incorporate the Material in the Production and exploit the same by unlimited transmissions in all media (excluding Theatrical Use and Advertising Use) whether now known or hereinafter invented but only under the umbrella of the single channel/brand specified in Section 7(b) of the Special Terms, however that single channel/brand is distributed and (ii) where the Customer selects the multiple channel/brand option in Section 7(b) of the Special Terms, the right to incorporate the Material in the Production and exploit the same by unlimited transmissions in all media (excluding Theatrical Use and Advertising Use) whether now known or hereinafter invented.

"Broadcast Use" means (i) where the Customer selects the single channel option in Section 7(b) of the Special Terms, the right to incorporate the Material in the Production and exploit the same on the television channel specified in Section 7(b) of the Special Terms by way of an unlimited number of transmissions on such channel whether by terrestrial, cable or satellite means (but excluding any time-shifted version or simulcast of such channel by any means, including without limitation by television, internet or mobile) and (ii) where the Customer selects the "any channel" option in Section 7(b) of the Special Terms the right to incorporate the Material in the Production and exploit the same on any television channel (including any time-shifted versions or terrestrial, cable or satellite simulcast thereof). For the avoidance of doubt distribution of the Production by any other means including by the internet or any mobile platform requires additional clearances.

"Corporate Use - External" means the right to incorporate the Material in the Production and exploit the same (free of charge to the general public) on behalf of a company by including the Production in a corporate website, showreel or promotional video (excluding any use in VNRs).

"Corporate Use - Internal" means the right to incorporate the Material in the Production and exploit the same (free of charge) on behalf of a company for distribution or display to staff, invited customers or contacts (but not to the general public), by way of a company presentation, internal training video, internal showreel or intranet site.

"Display Use" means the right to incorporate the Material in the Production and exploit the same (i) in a closed network (such as ambient media in public environments, display screens at trade events or captive audience networks) (ii) in special interest or low volume (i.e less than 5000 copies pressed) DVD releases (iii) DVD releases which are not for retail sale or part of a retail offer (but this does not include magazine and newspaper DVD cover mounts or other offers for which Retail Use must be cleared) (iv) exhibiting the Production by theatrical release where the Production is exhibited at less than 250 screens on initial release and (v) exhibiting the Production at festival screenings.

"Education Use" means the right to incorporate the Material in the Production and exploit the same by (i) selling the Production to schools, colleges and universities (ii) using the Production in internal Government communications (iii) exhibiting the Production in museums, galleries or zoos.

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What are the licence terms and conditions?

BY OBTAINING, USING OR PAYING FOR ANY MATERIAL (AS DETAILED IN THE ORDER DETAILS) THE CUSTOMER AGREES TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT. IF THE CUSTOMER DOES NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT IT SHOULD NOT OBTAIN, USE OR PAY FOR THE MATERIAL.
WHERE THE CUSTOMER PURCHASES MATERIAL ON-LINE, AND TICKS THE BOX INDICATING ITS AGREEMENT TO THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT, IT AGREES TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT.

ITN SOURCE STANDARD CONDITIONS

1. Interpretation
In this Licence Agreement:
"Advertising Use" means the right to incorporate the Material in an advertising campaign in all media for a product or service;
"All Media Use (excluding Theatrical Use and Promotional Use)" means the right to incorporate the Material in the Production and exploit the Production by unlimited transmissions in all media whether now known or hereafter invented but excluding Theatrical Use (All Media) and Promotional Use;
"Broadcast Use - Single Channel" means the right to incorporate the Material in the Production and exploit the Production on the television channel specified in Section 7 of the Special Terms by unlimited transmissions on such channel whether by terrestrial, cable or satellite means (but excluding any time-shifted version of such channel or any non-television simulcast of such channel by any means including IPTV, internet or mobile. Promotional Use is not included;
"Broadcast Use - Multiple Channels" means the right to incorporate the Material in the Production and exploit the Production by unlimited transmissions:
(i) on any television channel (including any time-shifted versions or terrestrial, cable, satellite, IPTV, internet or mobile simulcast thereof);
(ii) in any video-on-demand (VOD) or catch up service in any media which enables the user to watch the Production at a time of their choosing and whether on a free of charge or paid for basis. Such VOD and catch up services must share the same brand as a television channel for which the Production is also licensed and on which the Production is exploited. The right to exploit the Production on other third party branded VOD and catch up services must be purchased as a New Media Use (so for example a Production broadcast on a BBC television channel can also be offered on the BBC iPlayer VOD service but use on the Hulu.com VOD service will need an additional New Media Use licence);
(iii) in a Video News Release (VNR); and
(iv) by way of Promotional Use (always provided that this use is specified in section 7 of the Licence Agreement);
"Customer" means the person stated in Section 2 of the Special Terms to whom the Material has been or will be supplied. Where the person stated in Section 2 of the Special Terms is acting as agent on behalf of a principal the principal shall be deemed to be the Customer;
"Dispatch Note" means a description of the Material being supplied by ITN as supplied to the Customer on delivery of the Material;
"Facility Charges" means all delivery, handling, research, copying, retrieval and stock charges incurred by ITN in supplying the Material;
"ITN's Licensors" means third parties which own the copyright in Material and which have appointed ITN to licence such Material on their behalf;
"ITN's Ratecard" means ITN's price list from time to time;
"Licence Fee" means the total fees payable by the Customer to ITN for the Material (other than the Third Party Material) as specified in Section 10 of the Special Terms, whether by way of a fixed upfront fee or by way of per minute/per 10 seconds/per second (as applicable) fees based on the usage declared in the Royalty Declaration (subject to any specified Minimum Fee);
"Licence Period" means the period specified in Section 5 of the Licence Agreement;
"Material" means the audio-visual recordings on film, tape or any other medium (whether analogue or digital) which are supplied by ITN, as described in the Dispatch Notes and in the format specified therein. Such Material includes audio-visual recordings in which the copyright is owned by ITN's Licensors and subsequently licensed to ITN;
"Minimum Fee" means the minimum fee payable for the supply of master copies of the Material (other than the Third Party Material), as specified in the Licence Agreement or, if not specified, as stated in ITN's Ratecard prevailing at the date of the Licence Agreement;
"New Media Use" means the right to incorporate the Material in the Production and exploit the Production by unlimited transmissions: -
(i) on the internet including any number of websites except as specified in (iii) below;
(ii) on any mobile networks;
(iii) on any internet or mobile aggregator video-on-demand (VOD) service or aggregator catch up service which enables the user to watch the Production at a time of their choosing and whether on a free of charge or paid for basis. An "aggregator" VOD or catch up service means a service which (a) provides access to the content of multiple rights owners or (b) provides access to the content of one or more rights owners but which does not share the same brand as a television channel for which the Production is also licensed and on which the Production is exploited. The right to so exploit the Production on a VOD or catch up service which so shares the same brand as such a television channel may be purchased as part of Broadcast Use - Multiple Channels (so for example a New Media Use licence would be required to offer the Production on the Hulu.com VOD service because it is an "aggregator" VOD service and does not share a brand with a television channel);
(iv) by way of Promotional Use (always provided that this use is specified in Section 7 of the Licence Agreement).
New Media Use will be licensed for the World unless industry standard video geoblocking or other territorial video access restrictions agreed by ITN are in place and specified in Section 7 of the Special Terms;
"Non-Broadcast Use" means the right to incorporate the Material in the Production and exploit the Production by unlimited transmissions on/in one of the following:-
(i) DVDs (including videotapes or other physical carriers): including for retail hire/sale or cover mount. Promotional Use is not included; (ii) Electronic games: on all devices or media. Promotional Use is not included;
(iii) e-books; (iv) Education: use of the Production in schools, colleges, universities and other educational establishments. Promotional Use is not included;
(v) Corporate: use of the Production by a company (without a charge being made to viewers/users) in (a) a corporate website, showreel or promotional video (not including a video news release (VNR) or Advertising Use); or (b) through distribution/display to staff, invited customers or contacts (but not the general public) in a company presentation, internal training video, internal showreel or intranet site;
(vi) Government: internal Government communications (but not external communications, VNRs or Government advertising);
(vii) Museums, galleries and zoos;
(viii) Limited Theatrical Release: where the Production is exhibited at less than 250 cinema screens on initial general release. Promotional Use is not included;
(ix) Festival Screenings;
(x) Closed Networks: such as ambient media in public environments, display screens at trade events or captive audience networks;
"One Country" means one geographical territory which has its own government, administration and laws. The United Kingdom and its overseas territories, and the United States of America and its overseas territories, shall each fall within the definition of One Country;
"One Region" means any one of the following:- Europe, The Middle East, Africa, North America (U.S.A, Canada and Mexico), Central and South America, Asia, and Australasia, all as further defined on ITN's website www.itnsource.com;
"Production" means the production of the Customer specified in Section 3 of the Special Terms;
"Promotional Use" means the right to include the Material in "in context" promotional trails for the Production in all media;
"Royalty Declaration" means the Royalty Declaration contained in Schedule 3;
"Sales Invoice" means a sales invoice sent by ITN to the Customer relating to the Material;
"Special Terms" means those terms contained in Schedule 1;
"Territory" means the territory specified in Section 6 of the Special Terms;
"Theatrical Use (All Media)" means the right to incorporate the Material in the Production and exploit the Production by general theatrical film release together with the right to exploit the Production by unlimited transmissions in all other media whether now known or hereafter invented. Promotional Use is not included;
"Third Party Consents" means all licences, permissions and consents in writing which may be required for the use and exploitation of the Material by the Customer in the Production from third parties (which includes the owners of rights in Third Party Material and any individuals appearing recognisably in the Material and the holders of rights in any still photographs, trade marks or any other proprietary rights in the Material);
"Third Party Material" means any material contained within the Material in which the rights are not owned or controlled by ITN. This includes without limitation (i) all materials expressly stated to be owned or controlled by any third party (ii) all literary, artistic, dramatic and musical works, sound recordings, films, broadcasts and cable programmes, and performances contained in the Material and (iii) those rights controlled by collecting societies, unions or guilds, in each case where the relevant rights are not (or may not be) owned or controlled by ITN;
"Web Order" means an order for Material which is placed and paid for by the Customer via ITN's website www.itnsource.com.

2. Grant of Rights
2.1 Subject to payment of all sums specified in Clause 3.1, ITN grants to the Customer a non-exclusive, non-transferable (other than as permitted in Clause 10.1) licence to incorporate the Material (which shall include part of the Material but shall expressly exclude any Third Party Material) in the Production and to exploit the Material as incorporated in the Production in accordance with the rights specified in Sections 5, 6 and 7 of the Special Terms. The Material may only be exploited as part of the Production and no other use of the Material shall be made or authorised by the Customer.

2.2 All copyright and other rights in the Material (excluding only the Third Party Material) are and shall be the property of ITN and ITN's Licensors.

2.3 ITN confirms, and the Customer acknowledges, that ITN enters into this Licence Agreement as principal and not as agent for ITN's Licensors or any other third party.

2.4 The Customer undertakes that it shall not use any Material for any purpose other than as expressly authorised by this Licence Agreement even if Material may not be protected by copyright laws and even if the Customer's use may fall within the so-called "fair dealing" exceptions contained within the Copyright Designs and Patents Act 1988 (as amended from time to time) or within analogous exceptions in other jurisdictions. Accordingly the Customer expressly waives any entitlement it may have to rely on any defence of "fair dealing" in relation to any Material it has received pursuant to this Licence Agreement, or to claim that the Material supplied is out of copyright, or analogous claims or defences in other jurisdictions, in respect of any of its use of the Material.

3. Payment
The Customer undertakes and agrees with ITN:

3.1 to pay to ITN the following non-refundable sums: (a) the Minimum Fee (if applicable); (b) the Licence Fee; and (c) all Facility Charges, in each case within 30 days of the date of the Sales Invoices relating thereto;

3.2 where the Customer's Licence Fee is based on per minute/per 10 seconds/per second usage pursuant to Options 1, 2 and 3 in Section 10 of the Special Terms then it shall promptly following completion of the Production, and in any event before first transmission/ release of the Production, return a fully completed signed Royalty Declaration (even if none of the Material is used);

3.3 If the Customer fails to submit a Royalty Declaration as contemplated by Clause 3.2 above within 7 days of the Production's first transmission/ release ITN shall have the right to charge a Licence Fee calculated at the per minute/ per 10 seconds (as applicable) usage rate specified in Section 10 of the Special Terms (or if not so specified, in ITN's Ratecard) for the total amount of Material supplied (without prejudice to ITN's other rights or remedies); and

3.4 if payment is not made in accordance with this Clause 3, then to pay to ITN interest calculated on a daily basis at the rate of 4% above the United Kingdom base rate of Barclays Bank from time to time from the due date until the date payment is made (before as well as after judgment).

4. Clearances and Third Party Material
4.1 The Customer undertakes at the Customer's expense before using the Material, and as a condition precedent to the grant of the licence under Clause 2.1, to obtain and pay for all Third Party Consents and any other consents which may be required for the use of the Material in the Production.

4.2 The Customer acknowledges and agrees that ITN does not grant or purport to grant any rights in respect of Third Party Material and that it is its sole responsibility to determine whether any Third Party Consents are required.

5. Customer's Warranties and Undertakings
5.1 The Customer warrants and undertakes with ITN:-

Use of Material by the Customer
5.1.1 that it shall not use or edit the Material in any way which will or is likely to impair its meaning or damage or bring ITN or ITN's Licensors into disrepute. It shall be the sole responsibility of the Customer to ensure that, in its use of the Material, it does not (i) defame, libel or slander any person; (ii) infringe any moral rights or rights of privacy or publicity of any person (or any similar, analogous or related personal rights); (iii) infringe any copyrights, trade marks or other rights of any person; or (iv) breach any relevant laws, rules, codes or guidelines.

5.1.2 not without ITN's prior written consent to:-

No use of news reporters and presenters
5.1.2.1 use any part of the Material in which any news reporter or presenter is visible or audible;

No use in advertising or promotional material
5.1.2.2 use in advertising or promotional material (whether for the Production or otherwise) any part of the Material or any stills contained in, or still extracts or "grabs" from, the Material except to the extent that such rights have been obtained as a Promotional Use;

Obligations if Customer acting as an agent
5.1.3 that if the person named in Section 2 of the Special Terms is acting as an agent on behalf of a principal then such person:-

5.1.3.1 shall inform ITN in writing of the identity of the principal prior to entering into this Licence Agreement;

5.1.3.2 represents and warrants that the principal has authorised them to enter into this Licence Agreement, that the principal has agreed to be bound by this Licence Agreement, and that such person has express authority to act on behalf of and bind such principal; and

5.1.3.3 will comply with all of the terms and conditions of this Licence Agreement and shall be jointly and severally liable for any breach of this Licence Agreement by the principal.

5.2 The Customer undertakes and agrees with ITN:

Credit
5.2.1 that the credits required by Section 8 of the Special Terms shall appear in an appropriate and prominent place in the Production. The Customer shall not be liable for any casual or inadvertent failure to provide credits, provided that the Customer shall use its best endeavours to remedy such failure once it is notified of the same;

Supply of copies of the Production/digitised Material
5.2.2 to provide ITN, promptly on request, with a viewing copy of the final version of the Production following final editing (or, where applicable to notify ITN when the Production is available for viewing by other means (for example on line));

Deletion of Material
5.2.3 promptly upon expiry of the Licence Period, or on termination of this Licence Agreement, to delete all copies of all Material from all servers and other databases and electronic storage media under the control of the Customer and to procure that the Customer's permitted licensees promptly do the same;

Copyright theft
5.2.4 to maintain in place effective copy protection security and file sharing deterrents in accordance with current industry standards as long as any Material is made accessible by the Customer via media which allows the end-user to store a copy (for example internet and mobile devices); and

Legal proceedings affecting the Material
5.2.5 that in the event ITN notifies the Customer that the Customer, ITN or ITN's Licensors are subject to a threatened or actual claim in connection with the Material, or the Customer's use may expose ITN or ITN's Licensors to any liability, the Customer will, on ITN's request, promptly remove all affected Material from all physical and electronic storage media and take all reasonable steps to cease use of the affected Material and, where applicable, ensure its customers do the same. As the Customer's sole remedy, ITN shall in its discretion either refund the Licence Fee (or part thereof applicable to the affected Material) or supply the Customer, free of charge, with comparable replacement material.

6. ITN's Warranties
ITN warrants to the Customer that it owns and/or controls the film footage comprised in the Material other than the Third Party Material.

7. Termination
7.1 This Licence Agreement shall terminate, upon notice by and without penalty to ITN, if there is a breach by the Customer of any of its material obligations under this Licence Agreement which (if the breach is capable of remedy) the Customer has failed to remedy within 14 days after receipt of notice in writing from ITN giving particulars of the breach and requiring the Customer to remedy it.

7.2 ITN may terminate this Licence Agreement with immediate effect by written notice to the Customer if (i) ITN is or reasonably believes that it will become subject to any material costs (including legal costs), damages, loss or liability howsoever arising as a result of or in connection with the use by the Customer of the Material or (ii) the Customer goes into receivership or liquidation (other than for the purposes of solvent amalgamation or reconstruction) or becomes insolvent or makes any composition or arrangement with its creditors (other than as part of a solvent reorganisation) or anything analogous to any of the foregoing occurs to the Customer anywhere in the world.

7.3 Save where otherwise provided herein or where the context otherwise requires, all rights and obligations of the parties shall cease to have effect immediately upon termination of this Licence Agreement except that termination shall not affect the accrued rights, liabilities and obligations of the parties at the date of termination.

7.4 Upon termination of this Licence Agreement the Customer shall cease all use of the Material. For the avoidance of doubt termination shall not cancel any indebtedness of Customer to ITN.

8. Indemnity
8.1 The Customer hereby indemnifies ITN, and shall keep ITN fully and effectively indemnified, against all costs (including without limitation legal costs), damages, losses and liabilities incurred by ITN as a result of (i) any breach by the Customer of its obligations under this Licence Agreement; and (ii) any claim made against ITN in respect of or arising out of any use or exploitation of the Material by the Customer (save only where such claim arises out of a breach of warranty by ITN). ITN shall notify the Customer in writing of any such claim, reasonably consult with the Customer on the defence of such claim and shall agree to any reasonable settlement thereof, in each case at the Customer's cost.

9. Limitation of ITN's Liability

9.1 Subject to Clause 9.6, ITN shall not be liable (whether in contract, tort or otherwise) for any consequential, indirect, incidental, economic or financial losses or loss of profits, goodwill, savings, business, wasted management, operation or other time, or damage to reputation, in connection with the supply or use of the Material even if such losses are foreseeable and/or ITN has been advised of or is aware (or should have been aware) of the possibility of the Customer incurring or suffering such losses.
9.2 Without prejudice to Clause 9.1 (but subject to Clause 9.6) the aggregate liability of ITN howsoever arising from or in connection with this Licence Agreement and/or the supply or use of the Material (whether for breach of contract, negligence, misrepresentation (except fraudulent misrepresentation) or otherwise) shall not in any circumstances exceed an amount equal to 125% of the Licence Fee.
9.3 ITN shall not be liable for any losses of any nature arising from late delivery of Material to the Customer.
9.4 Except as expressly set out in Clause 6 all terms, conditions, warranties, representations or guarantees whether express or implied by statute, common law or otherwise relating to delivery, description, performance, quality or fitness for purpose are hereby excluded.
9.5 Nothing in this Licence Agreement purports to exclude or limit ITN's liability for fraud, death or personal injury caused by negligence, breach of terms regarding title implied by Section 12 Sale of Goods Act 1979 and/or Section 2 Supply of Goods and Services Act 1982, or any other liability which may not be excluded or limited as a matter of law.
9.6 If any part of this Clause 9, or any other part of this Licence Agreement, is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that part will, to the extent required, be severed and will be ineffective without, as far as possible, modifying any other part of this Licence Agreement and this will not affect any other part of this Clause 9 or any other provisions of this Licence Agreement which will remain in full force and effect.

10. General

10.1 This Licence Agreement and the rights under it may not be assigned or sub-licensed (other than as provided under this Licence Agreement) by the Customer without ITN's prior written consent. The Customer shall be entitled to assign this Licence Agreement to its commissioning broadcaster, distributor or financier provided always that the Customer remains primarily liable for its obligations.

10.2 No variation of this Licence Agreement shall be valid unless it is agreed by or on behalf of each of the parties. Where the parties subsequently agree in writing that the Customer shall be entitled to purchase rights beyond those granted in this Licence Agreement, the terms and conditions of this Licence Agreement shall apply to any such extension of rights.
10.3 Any notice under or in connection with this Licence Agreement shall be in writing in the English language.
10.4 This Licence Agreement constitutes the entire agreement, and supersedes any previous agreement, between the parties relating to the Material.
10.5 In the event of any conflict between the provisions of the Schedules to this Licence Agreement, the provisions of Schedule 1 shall prevail.
10.6 The Customer shall make all payments under this Licence Agreement without any set-off, deduction, withholding or counterclaim for any reason whatsoever, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
10.7 The parties to this Licence Agreement are not in partnership with each other.
10.8 The failure of ITN to enforce any term of this Licence Agreement does not constitute, and shall not be construed as, a waiver of such term and shall in no way affect ITN's right to enforce it.
10.9 Excluding payment obligations, neither party shall be liable for any failure to perform its obligations where such failure is caused by an act of God, act of government or state, terrorism, war, strike, fire, flood, breakdown of communications systems or any other event, circumstances or occurrence beyond either party's reasonable control.
10.10 ITN's Licensors shall be beneficiaries under this Licence Agreement with the intention and effect that they shall be entitled to enforce the terms of this Licence Agreement. The Contracts (Rights of Third Parties) Act 1999 shall accordingly apply to this Licence Agreement. This Licence Agreement may however be varied or terminated without the consent of ITN's Licensors or any other third party.
10.11 This Licence Agreement shall be governed by, and shall be construed in accordance with, English law and the parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.

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Can I use footage that features reporters?

Reporter's commentary and pieces into camera are available to view on the site and help to place the item in context. Release of such footage requires editorial approval and requests should come in writing to the Sales Operations team.

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Can ITN Source supply other copyrighted material?

Material will not to be supplied to customers without prior written consent from the copyright holder. A handling fee will be applied.

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Rights and clearance

The customer needs to obtain and pay for all Third Party Consents and any other consents which may be required for the use of the Material in the Production. This includes without limitation (i) all materials expressly stated to be owned or controlled by any third party (ii) all literary, artistic, dramatic and musical works, sound recordings, films, broadcasts and cable programmes, and performances contained in the Material and (iii) those rights controlled by collecting societies, unions or guilds, in each case where the relevant rights are not (or may not be) owned or controlled by ITN.

Failing to licence a clip for the correct copyright is a criminal offence.

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Privacy statement

We take data protection and your privacy very seriously. Find out more by reading our Privacy Policy.

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