Terms & Conditions


Copyright Permissions and Photography

Please note that the intellectual property rights in all content comprising or contained within this website address is owned by The Fleming-Wyfold Art Foundation (‘FWAF’) and other copyright owners as specified.

The contents of this website are published for your enjoyment. You may freely access and store the majority of the website’s contents on a temporary basis for the purposes of personal or private viewing, interaction or listening.

You might not be able to legally download or copy certain works in your country. It is your responsibility to ensure that your local law permits you to do this.

Website content that is FWAF copyright may be reproduced for the non-commercial purposes of research, private study, criticism and review, or for limited circulation within an educational establishment (such as a school, college or university).

Nothing in these terms restricts your right to use Content where the use is covered by a copyright exception under the UK Copyright, Designs and Patents Act 1988. It is your responsibility to make sure you comply with the copyright exceptions before using in-copyright Content.

 

Permissions

The following uses of FWAF copyright content are also permitted, except where other terms apply:

• Reproducing FWAF copyright content, and FWAF owned copyright expired artworks, for non-commercial research, private study, criticism and review; for the purposes of teaching and instruction within an educational establishment or for the purposes of parody, caricature and pastiche.

• Limited quotation of FWAF copyright texts or transcripts, for non-commercial research, private study, criticism and review, use within an educational establishment or for the purposes of parody, caricature and pastiche.

• Reproducing FWAF copyright content for the purposes of an educational examination, by a recognised UK exam authority

• Use in free educational lectures and classes;

• Use on an individual or group’s website discussing the artwork in question;

• Use on websites that are primarily information-led, research-oriented and obviously non-commercial in nature, for example Wikipedia;

• Use on personal social media accounts, provided the individual is not promoting themselves commercially

For all uses, a sufficient acknowledgment must be made to the copyright holder of work. For any FWAF Owned Content, the following copyright credit line must be used, unless otherwise stated: © Fleming Collection [current year]

 

The following acts are not permitted in respect of any of the content featured on FWAF’s website:

• Reproduction of website content for commercial purposes*, or any rental, leasing or lending of content obtained or derived from the website

• Any use of the FWAF logo without prior consent from FWAF

• Any considerable public dissemination, display or hosting of website content via any third-party platforms, including without limitation, the substantial or repeated extraction and/or storage of FWAF website content in any retrieval system, or inclusion in any other computer program or work

• Reproduction of FWAF website content on any social media platforms, except where other terms allow

• Inaccurate or distorted reproductions except where other terms allow

• False attribution of authorial or copyright credits, and the removal of any FWAF metadata from digital file formats

• Unauthorised text/data mining of website content and metadata

*Commercial activities, in addition to obviously commercial activities such as merchandise production, use of FWAF images editorially in films and on TV, in publications that are sold, in advertisements and commercial promotions, FWAF would usually regard the following uses of FWAF imagery as commercial activity:

• Use online or in print by commercial organisations, including (for the avoidance of doubt) trading arms of charities;

• Use on an individual’s website in such a way that adds value to their business, or for promotional purposes, or where offering a service to third parties

• Use of images by university presses in publications online or in print;

• Use in publicity and promotional material connected with commercial events;

• Unsolicited use of images by news media, including front covers and centre-page spreads;

• Use in compilations of past examination papers;

• Use by commercial galleries and auction houses.

Under charity law, conflicts can arise when one charity is seen as assisting another. Therefore FWAF needs to treat other charities (and their trading arms) as if they were ‘commercial’ organisations.
FWAF is committed to providing online access to as many of the works in its collection as possible, via  www.flemingcollection.com/searchthecollection.

FWAF actively develops agreements with copyright holders and other licensing agents for the artists they represent. Whilst these agreements enable FWAF to illustrate artworks, the permissions do not extend to any other party, unless specified.

Commercial enquiries about other FWAF content (e.g. text, video or design work) should be emailed to [email protected]

Please note that the further reproduction of artworks, or any other images or content, made available by FWAF may constitute an infringement of copyright. It is therefore your responsibility to investigate and obtain permission from copyright holders or their agents before publishing such content.

 

Takedown Policy

FWAF is committed to respecting copyright and other intellectual property rights. FWAF has made all reasonable efforts to ensure that images on flemingcollection.com are reproduced with the consent of their copyright holders. However, there are some copyright holders who so far have proven untraceable. If you are a rights holder and are concerned that you have found material on this website for which you have not granted permission (or is not covered by a copyright exception under the UK Copyright, Designs and Patents Act 1988) please contact FWAF in writing stating the following:

1. Your contact details
2. The full details of the material’s creator
3. The exact and full web address (URL) where you found the material
4. Proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative.

This Copyright Statement does not obligate FWAF to respond to all complaints or other correspondence received about alleged unauthorised use of third party rights. However FWAF will respond to and take any action it considers necessary in respect of all genuine and evidenced complaints or other correspondence received about all such alleged unauthorised use of third party rights.