Terms and Conditions -- Image Sourcing

This addendum forms part of the main Terms and Conditions for services provided by Officina Publishing Services Ltd. It applies specifically to image sourcing, research and co-ordination services.

1. Scope of Services

Image sourcing services may include:

• Research and identification of suitable images from various sources including Creative Commons repositories, museum collections, commercial stock libraries, archives and specialist collections
• Investigation of apparent licensing status and usage rights
• Co-ordination with rights holders, institutions, or licensing agencies
• Facilitation of image licensing transactions
• Generation of images using artificial intelligence tools
• Creation of image logs and permissions tracking documentation

2. Nature of Service

Officina Publishing Services Ltd provides image sourcing as a research and co-ordination service. We apply professional knowledge and reasonable care in locating images and investigating their apparent licensing status. However:

• We are not legal advisers and do not provide legal advice regarding copyright, licensing, or intellectual property matters
• We cannot guarantee the accuracy or completeness of licensing information provided by third parties
• Licensing status and terms can change after our research is completed
• The client and their publisher remain ultimately responsible for ensuring proper permissions are obtained and licensing terms are complied with

3. Client Responsibilities

The client agrees to:

• Verify all licensing information before publication
• Obtain independent legal advice where appropriate regarding copyright and licensing matters
• Ensure compliance with all licensing terms including attribution requirements, territorial restrictions, print run limitations and usage conditions
• Bear ultimate responsibility for any copyright infringement or licensing violations
• Provide clear briefs for image requirements to enable efficient research

4. Free and Creative Commons Sources

When sourcing images from Wikimedia Commons, museum websites, Unsplash, or similar free repositories:

• We identify images that appear to be available under Creative Commons or similar free licences based on information provided by the source
• The client must verify current licence status before use, as licensing terms can be changed or revoked
• Attribution requirements, where applicable, remain the client’s responsibility to fulfil
• We cannot guarantee that images marked as public domain or freely licensed are genuinely free from all rights restrictions

5. Commercial Stock Libraries

Subscribed stock libraries:

• Images sourced through stock libraries to which Officina Publishing Services Ltd subscribes are licensed in the company’s name
• The client receives usage rights as sublicensee for the specific project agreed
• The client must comply with the stock library’s standard licence terms
• Extended licences or special usage rights require separate arrangement

Other commercial sources:

• We facilitate image licensing, either by arranging for the licence to be issued directly to the client or their publisher, or by purchasing the licence on the client’s behalf
• The client is responsible for all licensing fees
• Officina Publishing Services Ltd’s fee covers research and co-ordination only, not the image licence itself
• Where licences are purchased on the client’s behalf, the client must comply with all licence terms as if they had purchased directly

6. AI-Generated Images

Artificial intelligence image generation is offered as an experimental, cost-effective option with acknowledged limitations. By requesting AI-generated images, the client explicitly accepts the following:

• The legal status of AI-generated images regarding copyright, training data and derivative works remains unsettled in many jurisdictions
• AI models are trained on large datasets that may include copyrighted works, and there is ongoing legal debate about whether this constitutes infringement
• We perform basic reverse image searches to check for obvious replication of existing images, but acknowledge that this will not be comprehensive
• Image modification tasks such as extending backgrounds, removing or altering elements, or filling in missing details typically involve AI tools, and in some cases this may raise similar considerations to fully AI-generated images
• Future legal precedents may affect the permissibility of using AI-generated content
• AI-generated images are recommended for non-critical illustrations, decorative elements and internal use rather than high-visibility applications where originality claims might be scrutinised
• The client bears all risk associated with the use of AI-generated images and indemnifies Officina Publishing Services Ltd against any claims arising from such use
• Different AI image generation services have varying terms of use; we will use services with appropriate commercial licensing, but the client should verify terms if needed for specific use cases

7. Limitation of Liability

Officina Publishing Services Ltd’s liability in relation to image sourcing services is limited as follows:

• We are not liable for copyright infringement, licensing violations, or any legal claims arising from the client’s use of images we have sourced, researched, or generated
• We are not liable for changes in licensing terms, revocation of permissions, or rights disputes that arise after our research was completed
• Our maximum liability for any errors or omissions in image sourcing research is limited to the fees paid by the client for the specific image sourcing services in question
• We are not liable for consequential losses including publication delays, recall costs, legal fees, or reputational damage
• The client indemnifies Officina Publishing Services Ltd against all claims, costs and expenses arising from their use of images sourced through our services

8. Recommendations

While the client bears ultimate responsibility for rights clearance, we strongly recommend:

• Obtaining written permission for all images used, even those that appear to be free or public domain
• Maintaining comprehensive documentation of image sources and permissions
• Consulting a qualified intellectual property lawyer for high-risk or high-value publications
• Obtaining appropriate insurance coverage for publishing activities
• Providing clear attribution where required by licensing terms
• Being transparent about the use of AI-generated images if these are included in published works

9. Acceptance

By commissioning image sourcing services from Officina Publishing Services Ltd, the client confirms they have read, understood and accepted these terms. Clients who do not accept these terms should not proceed with image sourcing services.

These terms supplement and should be read in conjunction with Officina Publishing Services Ltd’s main Terms and Conditions. In the event of any conflict, these image sourcing terms take precedence for image-related services.