LAST UPDATED: August 2016
The following restrictions apply if you are licensing content from these collections: Digital Globe, BBC Motion Gallery, NBA.
Digital Globe. Digital Globe content may not be incorporated into any type of interactive map viewer.
BBC Motion Gallery Video. (i) Please contact your local Getty Images representative prior to any use of a video clip contained in the BBC Motion Gallery collections if either: (a) you are a social media platform or an online video aggregation service; (b) where any work created using BBC Motion Gallery content includes >25% or >15 mins of the original BBC programme (or >10% series); or (c) where the work contains >20% BBC clips (or >10% BBC Earth clips). (ii) Please note, where a clip requires prior approval, it is licensed exclusive of any and all third party (other than BBC) copyright and other clearance costs and, prior to exploitation of the licensed content, you agree to obtain any such clearances and to make all associated payments to such third parties, if needed. Such third parties may, for example, include: actors, writers, composers, musicians, producers, directors, artists, designers, photographers and any other persons who have performed services in connection with the licensed content; and any third party copyright owner whose copyright material is contained in the licensed content.
NBA Licensed Material. NBA IMAGERY MAY NOT BE LICENSED WITHOUT PRIOR APPROVAL. PLEASE CONTACT YOUR LOCAL GETTY IMAGES OFFICE TO OBTAIN APPROVAL.
Additional NBA Image Licence Terms. The following additional provisions apply to licensees of any content of the National Basketball Association ("NBA") or taken at NBA games. In the event that the terms of these additional provisions conflict or are otherwise inconsistent with the terms set forth elsewhere in the Getty Images Content Licence Agreement, the terms of these additional provisions shall govern.
Third-Party Beneficiary. Licensee agrees that (i) for licences of NBA content, NBA Entertainment, a division of NBA Properties, Inc., is a third-party beneficiary of this Agreement, (ii) for licences of Women's National Basketball Association ("WNBA") content, WNBA Enterprises, LLC is a third-party beneficiary of this Agreement and (iii) for licences of National Basketball Developmental League ("NBDL"; and together with NBA and WNBA, the "NBA Parties") content, NBDL Enterprises, LLC is a third-party beneficiary of this Agreement.
Additional Restrictions. With regard to NBA, WNBA or NBDL content or content taken at NBA games, no reproduction, storing, archiving, redistribution or other use of the content may be made without separate written approval from NBA Entertainment.
Editorial Website Users. For any licensee that is an editorial website user of NBA, WNBA or NBDL content or content taken at NBA games hereunder, unless otherwise agreed, licensee shall not display or otherwise use such content for a period longer than thirty (30) days following the date on which such licensee is authorised to first post such content; licensee shall not be permitted to display or otherwise use more than thirty (30) such images at any one time, and licensee shall not use any such content as part of a photo gallery or slide show.
Reproductions. NBA, WNBA and NBDL content or content taken at NBA games must be reproduced exactly as furnished to licensee by Getty Images (or its designee) without alteration or cropping, unless such a change has been approved in writing by Getty Images.
NBA Parties Photo Credit. The following photo credit must appear adjacent to the use of NBA, WNBA or NBDL content or content taken at NBA games, as the case may be: (i) for all NBA content provided to Getty Images by any of the NBA Parties, "(c) [Year] NBA Entertainment. Photo by [Photographer's Name]/NBAE/Getty Images."; (ii) for all WNBA content provided to Getty Images by any of the NBA Parties, "(c) [Year] WNBA Enterprises. Photo by [Photographer's Name]/WNBAE/Getty Images."; (iii) for all NBDL content provided to Getty Images by any of the NBA Parties,"(c) [Year] NBDL Enterprises. Photo by [Photographer's Name]/NBDLE/Getty Images."; (iv) for all NBA, WNBA and NBDL content shot by or on behalf of Getty Images, "(c) [Year] Getty Images. Photo by [Photographer's Name]/Getty Images."
Intellectual Property and Trademark. This Agreement does not grant any right to licensee with respect to the name, likeness or other attribute of any NBA, WNBA or NBDL player or other person or entity appearing in the content. Licensee acknowledges and agrees that it shall be solely responsible for obtaining any and all necessary licences, releases or waivers permitting licensee to use the name, likeness or other attribute of any such individual or entity appearing in the content.
Intellectual Property. Subject to the terms of this Agreement, licensee shall have the right to use the names, symbols, emblems, designs, logos, trademarks, uniforms and identifications of the NBA and its member teams, the WNBA and its teams or the NBDL and its teams, as the case may be (collectively, the "NBA Marks"), solely insofar as certain of the NBA Marks appear in the content as properly incorporated into the approved use specification for such licensed content. Licensee shall make no other use of the NBA Marks for any other purpose without a separate written licence agreement with the applicable NBA Party or its affiliates. Licensee acknowledges that NBA Parties and/or their affiliates own the exclusive right to license the use of the NBA Marks and that no use of the NBA Marks can be made for any reason (including in connection with the sale of a product or service) without the prior approval of the applicable NBA Party or its applicable affiliate. Licensee recognises the value of the NBA Marks and acknowledges that the goodwill attached thereto belongs to the applicable NBA Party and/or its applicable affiliate and that the NBA Marks have secondary meaning in the mind of the public. Licensee agrees that it shall not attack the property rights of any NBA Party and/or its affiliates in and to the NBA Marks or attack the validity of this Agreement.