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1. Introduction

This Media Contributor and Licensing Agreement governs the submission of photographs, video and other visual editorial material to the Elsenham Herald.

The Elsenham Herald is operated by Knelstrom Ltd, referred to in this Agreement as “the Herald”, “we”, “our” or “us”.

This Agreement applies in addition to the Herald Member Agreement.

By submitting media, you agree to this Agreement.

2. Definitions

In this Agreement:

Content means photographs, video, captions, descriptions, metadata, supporting documents and other material submitted by a contributor.

Contributor means the individual who submits Content.

Herald Use means publication or use by the Elsenham Herald and related Knelstrom Ltd editorial services.

Agency Use means submission to Cover Images or another approved editorial licensing partner.

Net Receipts means the amount actually received by the Herald after agency commission, refunds, taxes, transaction charges and other directly related deductions.

3. Eligibility

You must be at least 18 years old to enter into this Agreement.

A person under 18 may only submit Content with the permission and involvement of a parent or legal guardian.

You must have authority to enter into this Agreement.

4. Copyright Ownership

You retain copyright in original Content you submit.

This Agreement does not transfer ownership of your copyright to the Herald.

You appoint the Herald to use, publish and, where authorised, represent approved Content for editorial licensing.

5. Herald Use Permission

For every submission, you must grant permission for Herald Use.

You grant the Herald a non-exclusive, worldwide, royalty-free licence to:

  • Review the Content
  • Store the Content
  • Create working copies
  • Edit captions and metadata
  • Crop or resize the Content
  • Publish the Content on Herald websites
  • Publish the Content through Herald social media
  • Include the Content in newsletters
  • Use the Content in articles
  • Promote the related story
  • Archive the Content
  • Display the Content on your public Herald profile
  • Use the Content in connection with the Herald’s editorial activities

This licence applies only to Content approved or used by the Herald.

6. Cover Images Permission

During submission, you may choose whether to authorise the Herald to consider the Content for submission to Cover Images.

Selecting Cover Images permission means:

  • You appoint the Herald as your non-exclusive editorial licensing representative for that Content
  • The Herald may submit approved Content to Cover Images
  • The Herald may supply captions, keywords and metadata
  • The Herald may communicate with Cover Images about the Content
  • The Herald may accept editorial licence transactions relating to the Content
  • The Herald may receive licensing payments on your behalf
  • The Herald may calculate and pay your agreed share

Providing permission does not guarantee that Content will be submitted, accepted, licensed or sold.

7. Editorial-Only Licensing

Cover Images licensing through this system is intended for editorial use.

Suitable Content may include:

  • Breaking news
  • Serious road traffic incidents
  • Fires
  • Police operations
  • Public disorder
  • Flooding
  • Severe weather
  • Major transport disruption
  • Aviation incidents
  • Air ambulance activity
  • Significant court cases
  • Demonstrations
  • High-profile public figures
  • Major planning disputes
  • Events of wider public interest
  • Significant documentary material

The following may be suitable for Herald publication but are unlikely to be submitted to Cover Images:

  • Village fêtes
  • Coffee mornings
  • School fairs
  • Routine community events
  • Local club meetings
  • Birthday celebrations
  • General village life
  • Ordinary landscapes
  • Pet photographs
  • Flower photographs
  • Promotional business images

The Herald decides whether Content is suitable for agency submission.

8. Editorial Review

All Content is subject to editorial review.

The Herald may:

  • Approve Content
  • Reject Content
  • Request more information
  • Publish it on the Herald only
  • Submit it to Cover Images
  • Delay publication
  • Remove it
  • Correct captions
  • Add context
  • Apply restrictions
  • Decline to provide a reason for rejection

Submission does not guarantee publication, licensing, sale or payment.

9. Contributor Warranties

You confirm that:

  • You created the Content yourself
  • You own the copyright
  • You have not copied it from another source
  • The Content is genuine
  • The Content has not been fabricated
  • The Content has not been misleadingly manipulated
  • Dates, locations and descriptions are accurate to the best of your knowledge
  • You have disclosed any material editing
  • The Content does not infringe copyright
  • The Content does not breach confidence
  • The Content was not obtained unlawfully
  • You have not trespassed to obtain it
  • You have not breached a court order
  • You have not knowingly submitted defamatory material
  • You have not impersonated another photographer or contributor

10. Artificial Intelligence and Manipulation

AI-generated images must not be submitted through the editorial contributor system.

You must not submit:

  • Fully AI-generated images
  • AI-generated reconstructions presented as real events
  • Composite images presented as documentary evidence
  • Digitally added people or objects
  • Digitally removed material that changes the meaning of a scene
  • Misleading alterations
  • Fake screenshots
  • Recreated social media posts presented as genuine

Normal editorial adjustments may be acceptable, including:

  • Exposure correction
  • White balance correction
  • Minor cropping
  • Dust removal
  • Reasonable sharpening
  • Noise reduction

You must disclose material alterations.

11. Captions and Metadata

You authorise the Herald to write, edit and add:

  • Headlines
  • Captions
  • Keywords
  • Dates
  • Locations
  • Credit lines
  • Copyright notices
  • Usage restrictions
  • Agency references
  • Editorial classifications
  • IPTC metadata
  • XMP metadata

The Herald may correct or replace information supplied by you where necessary.

12. Credit

Where practical, the Herald will credit Content using your chosen display name or agreed professional name.

A typical credit may appear as:

© Contributor Name/Elsenham Herald/Cover Images

The precise format may depend on the publication, agency or customer.

The Herald cannot guarantee that every third-party publisher will display a credit.

13. Revenue Share

Where Content produces licensing income, the Contributor will receive a percentage of the Herald’s Net Receipts.

Unless otherwise agreed in writing:

  • Contributor share: 70%
  • Herald share: 30%

This split applies to the amount received by the Herald after Cover Images or another agency has deducted its commission.

Example:

  • Customer licence fee: £100
  • Cover Images commission: £50
  • Herald receives: £50
  • Contributor receives 70% of £50: £35
  • Herald retains 30% of £50: £15

The original customer licence fee is not the amount divided between the Contributor and the Herald.

14. Payment

Payments will normally be made by PayPal.

You are responsible for providing an accurate PayPal email address.

Contributor earnings may be subject to:

  • A minimum payment threshold
  • A monthly or periodic payment schedule
  • Confirmation that the Herald has received the agency payment
  • Refund adjustments
  • Chargebacks
  • Currency conversion
  • Transaction fees
  • Tax reporting obligations

Balances below the minimum payment threshold may be carried forward.

The Herald may request identity or payment verification before issuing payment.

15. Statements and Sales Records

The contributor dashboard may show:

  • Number of approved submissions
  • Number of licensed files
  • Number of sales
  • Pending earnings
  • Available balance
  • Amount paid
  • Payment references
  • Payment dates

Sales information may depend on statements supplied by Cover Images or another licensing partner.

There may be a delay between a licence being granted, the Herald receiving a statement and the Contributor being paid.

16. Public Sales Count

Your public Herald profile may display the number of licensing sales linked to your approved Content.

Public profiles will not normally display:

  • Total earnings
  • PayPal details
  • Payment references
  • Private statements
  • Customer identities
  • Confidential licence values

17. Refunds and Chargebacks

If a licence is cancelled, refunded or charged back, the relevant amount may be deducted from:

  • Pending contributor earnings
  • Future earnings
  • An unpaid balance
  • A future payment

The Herald will not be required to pay money that it has not received or has been required to return.

18. Releases

You must tell the Herald whether model or property releases exist.

For editorial Content, releases may not always be required, but you must not falsely claim that a release has been obtained.

Where a release is required, the Herald may request a signed copy.

The Herald may reject Content where legal permissions are uncertain.

19. Children and Vulnerable People

Extra care must be taken when Content includes children or vulnerable individuals.

You must not submit Content that:

  • Exploits a child
  • Identifies a protected child unlawfully
  • Breaches a reporting restriction
  • Reveals sensitive personal information
  • Creates an unnecessary safeguarding risk

The Herald may crop, restrict, withhold or reject such Content.

20. Emergency Incidents and Crime

You must not:

  • Cross police cordons
  • Enter restricted areas
  • Obstruct emergency services
  • Interfere with investigations
  • Photograph victims intrusively
  • Publish protected identities
  • Stage scenes
  • Move objects for a photograph
  • Encourage unlawful behaviour

Safety must take priority over obtaining Content.

21. Accuracy and Corrections

You must provide accurate information about:

  • Location
  • Date
  • Approximate time
  • What happened
  • People shown
  • Organisations involved
  • Whether you personally witnessed the event
  • Whether information came from another source

You must notify the Herald promptly if you discover an error.

The Herald may correct captions and metadata at any time.

22. Exclusivity

Unless otherwise agreed in writing, representation is non-exclusive.

You may continue to use or license your Content elsewhere, provided doing so does not breach an existing exclusive licence or agency restriction.

The Herald may request temporary exclusivity for particularly significant material.

Any exclusive arrangement must be confirmed separately.

23. Removal Requests

You may request that Content is removed from future Herald use.

The Herald will consider reasonable removal requests.

However, removal may not affect:

  • Licences already granted
  • Material already supplied to Cover Images
  • Archived editorial records
  • Published articles
  • Legal records
  • Accounting records
  • Copies retained by third-party customers
  • Content required for dispute resolution

The Herald cannot revoke a valid licence already granted to a third party.

24. Termination

Either party may end this Agreement for future submissions.

Termination does not affect:

  • Existing licences
  • Unexpired licences
  • Agency submissions already made
  • Outstanding payments
  • Accounting records
  • Legal obligations
  • Rights granted before termination

25. Suspension

The Herald may suspend contributor access where:

  • Copyright ownership is disputed
  • False information is supplied
  • Content is fabricated
  • A contributor repeatedly submits unsuitable material
  • A legal complaint is received
  • Fraud is suspected
  • Payment details cannot be verified
  • Platform rules are breached

26. Taxes

Contributors are responsible for their own tax obligations.

Payments may represent self-employed, freelance, royalty or other income depending on individual circumstances.

The Herald does not provide personal tax advice.

27. No Guarantee of Income

The Herald does not guarantee:

  • Agency acceptance
  • Licensing sales
  • Customer demand
  • A particular price
  • A particular payment date
  • Continuing agency representation
  • Continuing access to Cover Images
  • Future commercial value

28. Liability

The Herald is not liable for indirect or consequential loss arising from:

  • Rejection
  • Non-publication
  • Non-licensing
  • Delayed statements
  • Agency decisions
  • Customer misuse
  • Missing credits
  • Website downtime
  • FTP failure
  • Metadata errors corrected in good faith

Nothing in this Agreement excludes liability that cannot legally be excluded.

29. Indemnity

You may be responsible for losses, legal costs or claims arising from a serious breach of your warranties, including where:

  • You did not own the Content
  • The Content was stolen
  • The Content was fabricated
  • You knowingly supplied false information
  • You breached a court order
  • You unlawfully invaded privacy

This clause does not apply where the claim arose solely from an unauthorised alteration made by the Herald.

30. Changes to This Agreement

The Herald may update this Agreement.

Changes will normally apply to future submissions.

Where legally or operationally necessary, changes may also affect continuing agency representation.

Material changes will be published on the Herald website.

31. Governing Law

This Agreement is governed by the laws of England and Wales.

The courts of England and Wales will have jurisdiction over disputes arising from this Agreement.

32. Contact

The Elsenham Herald
Operated by Knelstrom Ltd

Website: https://elsenhamherald.co.uk

Contact page: [INSERT CONTACT PAGE URL]

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