Copyright, Permissions and Photography

Please note that the intellectual property rights in all content comprising or contained

within this website address (URL) is owned by Kate Simms Artist, and other copyright

owners as specified. Kate Simms Artist is a member of DACS.

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.

Reproducing content from katesimmsartist.com website:

Website content that is Kate Simms Artist 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).

The following uses of Kate Simms Artist copyright content are also permitted, except

where other terms apply:

  • Reproducing Kate Simms Artist copyright content, and Kate Simms Artist owned

copyright expired artworks, for non-commercial research, private study, criticism

and review, or for the purposes of teaching and instruction within an educational

establishment. Where any artworks are published, the source of the content must

be identified and the copyright status of the content acknowledged, e.g. ‘Title,

Artist, Date of Work, Photo: © Kate Simms Artist [current year]’

  • Limited quotation of Kate Simms Artist copyright texts or transcripts, for non-

    commercial research, private study, criticism and review, or use within an

    educational establishment, with due acknowledgement and citation. Where any

    text content is published, the author and/or source of the content must be

    identified and the copyright status of the content acknowledged, e.g. ‘© Kate

    Simms Artist [current year]’

  • Reproducing Kate Simms Artist copyright content for the purposes of an

    educational examination, by a recognised UK exam authority

  • Downloading Kate Simms Artist copyright audio and video content for non-

    commercial offline listening or viewing

  • Downloading and printing of Kate Simms Artist copyright learning content, and

    whiteboard resources, for non-commercial educational use

  • Embedding links to Kate Simms Artist audio and video content, where embedding

    is offered

  • Reusing content published under a Kate Simms Artist licence under the terms of

    the licence specified.

However, the following acts are not permitted in respect of any of the content featured

on Kate Simms Artist’s website:

  • Reproduction of website content for commercial purposes, or any rental, leasing or

lending of content obtained or derived from the katesimmsartist.com

  • Any use of the Kate Simms Artist logo, brand identities or Kate Simms Artist

trademarks without prior consent from Kate Simms Artist

  • 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 Kate Simms Artist website content in any retrieval

system, or inclusion in any other computer program or work

  • Reproduction of Kate Simms Artist website content on any social media platforms,

except where other terms allow

  • Inaccurate or distorted reproductions, colour treatments, alterations or

adaptations of website content, except where other terms allow

  • Publication of any unauthorised translations or transcriptions of website content,

except where other terms allow

  • False attribution of authorial or copyright credits, and the removal of any Kate

Simms Artist metadata from digital file formats

  • Unauthorised text/data mining of website content and metadata

Non-Commercial Use

Kate Simms Artist would usually regard the following uses of Kate Simms Artist imagery as

non-commercial activity:

  • 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-orientated and

obviously non-commercial in nature, e.g. Wikipedia

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

themselves commercially.

Statutory exceptions to copyright also apply in certain situations. It is the user’s

responsibility to satisfy themselves that an exception (such as fair dealing criticism and

review, quotation, or reporting a current event) applies.

To safeguard Kate Simms Artist copyright holder’s rights and income, you can share

images only if you:

1) Attribute (BY) the artist/artwork and collection. You must state the following when

sharing the image:

a) artist name, title of work, year of creation

b) © (copyright holder’s name), Photo © Kate Simms Artist

c) Provide a link back to the work on the Kate Simms Artist website

2) Use it in a Non-Commercial (NC)vcontext only. The image cannot be reproduced in any

manner that is primarily intended for or directed toward commercial advantage or

monetary compensation.

3) Show the image as a Non Derivative Work (ND). This means that the image has not

been re-sized, altered, cropped, metadata removed, or changed before sharing.

All use of Kate Simms Artist images is checked by Kate Simms Artist. Please email us about

how you plan to use the work at katesimms@hotmail.com. Thank you.

Commercial Use

The Tate defines commercial use as “reproducing a work in any manner that is primarily

intended for or directed toward commercial advantage or monetary compensation”.

As well as obviously commercial activities such as merchandise production, use of Kate

Simms Artist images editorially in films and on TV, in publications that are sold, in

advertisements and commercial promotions, Kate Simms Artist would usually regard the

following uses of Kate Simms Artist 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.

If you wish to use the images in a commercial context (anything that has a monetary

value, is promotional or related to a commercial company or charity) or need a larger

digital file, please contact Kate Simms Artist at katesimms@hotmail.com stating the title

of the item you wish to reproduce, and context of reproduction. If you have any questions,

please email katesimms@hotmail.com. Thank you.

Sourcing Images from katesimmsartist.com Website

Kate Simms Artist is committed to providing online access to as many of the works as

possible, via the Kate Simms Artist website.

Many artworks are readily available as reproductions:

  • To view free online

  • To purchase as postcards and posters at katesimmsartist.com shop

  • To order as framed prints

  • To license, purchase and download high-resolution digital files for commercial use

  • Commercial enquiries about other Kate Simms Artist content (e.g. text, video or

design work) should be emailed to katesimmsartist@hotmail.com

Please note that the further reproduction of artworks, or any other images or content,

made available by Kate Simms Artist 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.

Visitor Photography

Photography at exhibition and events is allowed for personal, non-commercial purposes

only. It is the visitor’s responsibility to ensure no copyright is infringed. The use of flash

and tripods is prohibited.

Legal Notice

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 Kate Simms Artist 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.