Anti-AI Use & Training Policy (Photography & Video Services)
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1. Scope and Intent
This policy applies to all photography, videography, and related creative services provided by the Service Provider (“Provider”), including but not limited to raw footage, edited content, still images, video files, audio, metadata, project files, and any derivative works (collectively, the “Work”).
The Provider expressly prohibits the use of any Work in connection with artificial intelligence systems.
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2. Absolute Prohibition on AI Use
The Client is strictly prohibited from engaging in any of the following actions:
Uploading, submitting, or transferring any Work to artificial intelligence platforms, including but not limited to generative AI tools, machine learning systems, or dataset repositories.
Using the Work in any capacity to train, fine-tune, calibrate, or otherwise improve AI Systems.
Using the Work as prompts, reference material, or stylistic input for AI-generated images, video, or media.
Allowing any third party (including contractors, agencies, or partners) to use the Work for AI-related purposes.
Storing the Work in any system that automatically collects, analyzes, or uses content for AI training or model improvement (including platforms with default training clauses).
Reverse engineering, replicating, or simulating the Provider’s visual style, editing techniques, or creative direction using AI Systems.
This prohibition is absolute unless explicitly waived in a signed, written agreement by the Provider.
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3. No Implied Rights
No rights are granted to the Client for AI-related use under any circumstances unless:
A separate, signed licensing agreement explicitly permits such use, AND
Additional fees have been paid in full.
Silence, prior dealings, partial permissions, or industry norms shall not be interpreted as consent.
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4. Intellectual Property and Moral Rights
All Work remains protected under applicable copyright and intellectual property laws. The Provider retains all rights not expressly granted.
The Client acknowledges that:
The Work reflects the Provider’s unique creative style and professional methodology.
Unauthorized AI use constitutes both copyright infringement and misappropriation of creative identity.
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5. Strict Liability for Breach
Any violation of this policy shall be treated as a material breach under strict liability, regardless of intent, negligence, or third-party involvement.
The Client is fully responsible for:
Actions taken by employees, contractors, partners, or affiliates
Any platform terms they agree to that conflict with this policy.
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6. Financial Penalties and Compensation
6.1 Liquidated Damages
In the event of breach, the Client agrees to pay:
£25,000 per individual asset (photo, clip, or file) used in violation, OR
Five (5) times the total project fee, whichever is greater
Each individual file or asset constitutes a separate breach.
6.2 Revenue Participation
If the Work contributes in any way to an AI System, dataset, or generated output:
The Provider is entitled to 20% of all gross revenue attributable to such system or outputs, in perpetuity, OR
A mandatory buyout fee determined solely by the Provider, not less than £50,000
6.3 Retroactive Licensing FeesUnauthorized use may, at the Provider’s sole discretion, be converted into a retroactive license subject to:
A fee no less than 10x the standard commercial licensing rate, AND
Immediate payment prior to continued use
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7. Injunctive Relief
The Provider reserves the immediate right to pursue:
Injunctive relief without notice
Forced removal of the Work from AI systems, datasets, or platforms
Takedown demands across any distribution channels
The Client waives any defense claiming damages are insufficient to justify such action.
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8. Audit and Disclosure
Upon request, the Client must:
Provide written confirmation of compliance within 5 business days
Disclose any platforms, tools, or systems where the Work has been stored or processed
Allow reasonable audit of relevant workflows where a breach is suspected
Failure to comply constitutes a separate breach.
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9. Indemnification
The Client agrees to fully indemnify and hold harmless the Provider from:
Any claims, damages, or losses arising from unauthorized AI use
Legal costs associated with enforcement of this policy
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10. No Limitation of Liability
All penalties outlined in this policy are cumulative and do not limit the Provider’s right to pursue additional damages under law.
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11. Survival
This policy survives indefinitely, including after project completion, contract termination, or delivery of Work.
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12. Acknowledgment
By commissioning or using the Provider’s services, the Client explicitly acknowledges that:
They have read and understood this policy in full
They accept all restrictions and financial liabilities
They agree that these terms are reasonable and enforceable
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13. Governing Law
This policy shall be governed by the laws specified in the primary service agreement.