Stock Photography from Mistral Images

Mistral: a famed wind that blows through France. It is said to be named after the Provencal poet Frederic Mistral.

Mistral Images was born after 25 years of graphic design, photo art direction, photo shoot production, and photo styling. The knowledge of photography, photographers, and client needs seemed to be a perfect fit. Owners Susan and Gary Cox strive to bring creative images to you in a no-hassle fashion. Here’s to a positive and lasting relationship. Cheers!

How to Buy

Assignments

Photographer Submissions

Terms and Conditions

How to Buy

Royalty-Free/Rights-Protected

Mistral Images are available, for the most part, Royalty-Free. All images can also be licensed for Rights-Protected use. A few rare or historical images are available Rights-Protected only.

Following is a brief overview of the two kinds of license agreement offered by Mistral Images.

1. Royalty-Free: A Royalty-Free License permits Licensee to use, display, reproduce, or distribute an image as many times and for as many individual uses as Licensee wishes for the period of one year from download.

2. Rights-Protected: A Rights-Protected License permits Licensee to use, display, reproduce, and distribute an image for a particular use for one year from the date the image is received. The rate is established by a number of factors including usage medium and circulation. If Licensee wishes to make any additional use of the licensed image, the Image must be re-licensed for each additional use.

Comping Images

A low resolution watermarked image is available for your review or client presentations. After registering with Mistral Images, simply click on “Download Comp” to access this image. See Terms and Conditions for usage restrictions.

Purchasing

To purchase usage rights for a Royalty-Free image, simply click on the thumbnail version, then choose the resolution/image size you prefer. You will be directed to provide a credit card in our secure SSL system. Then you will be able to download your image.

Contact Mistral Images at info@mistralimages.com or 619-295-1456 for additional information, pricing, and availability of Rights-Protected images.

Image Specifications

	Comping image	Low Res	Med Res	High Res
File Size	300-350KB	1-3MB	9-15MB	23-35MB
Color	RGB	RGB	RGB or CMYK	RGB or CMYK
Dimensions (Approx)	4x5.5"	8x12"	5x7"	8x12"
Resolution	72dpi	72dpi	300dpi	300dpi

All comping and low resolution images are RGB JPGs. Our Medium and High resolution images are CMYK JPGs. Contact Mistral Images if you have any questions.

Editorial Usage

When an image is used for an Editorial Purpose, Licensee will display the appropriate copyright notice, the photographer’s name, and the name “Mistral Images”, to indicate that the image is being licensed from Mistral Images.

Assignments

Have a special photo concept in mind? Many of Mistral Images’ photographers are available for assignments. Contact Mistral Images at 619-295-1456 or info@mistralimages.com to book one of Mistral Images’ photographers.

Photographer Submissions

What images are we looking for? We want images that are bold and creative. We respect your professional judgment. We only ask that images fall within the guidelines of our categories. These categories will change over time and any suggestions are welcome.

Submission Options. Send us scans on CD or original slides, prints or proof sheets to the address below. Mistral Images will take precautions for the safety of your photos but will not assume any liability for damage to or loss of originals. Please ship via Federal Express or other safe carrier. Originals will be reviewed and returned within 30 days. Upon acceptance of your images a contract will be sent for you to review and sign. The following terms will then apply.

Contract Terms. To summarize the terms of the contract, the agreement is for a period of three years with an annual renewal after that; the photographer will receive 50% of the gross billings for their photographs, for which a quarterly statement with payment will be sent. See Agreement for full details.

Exclusivity. We do not require an exclusive agency contract. However, we request that you do not provide dupes or similars (images of the same subject taken in the same manner) to any other stock agency.

Rights-Protected and Royalty Free. Images will be available to clients royalty-free (a flat rate for a period of one year). Upon request clients may purchase rights to an image which has not previously been used royalty-free. Some images are determined to be available only on a rights-protected basis.

Releases. Model and property releases are an important aspect of selling stock photography. If anyone in an image is recognizable, or if the image includes a recognizable or identifiable building exterior (private or commercial), it is necessary that you obtain (and provide to us) model and property releases. Trademarks and logos must be removed from images as well as identifying numbers (such as license plates and names on boats and planes).

When submitting accepted images, you will need to provide comprehensive signed and dated model and/or property releases which meet the highest industry standards. Mistral Images will keep a copy of your releases on file. Sample model and property releases are available for your use.

You may also need a Sensitive Issues release if your images show a sick or disabled person, someone engaged in illegal activity, or illustrate controversial behavior. (A Sensitive Issues release should clearly state that all models are aware of the potential for this kind of usage and specifically agree that such usages are approved.)

Scanning. After images have been selected by Mistral images, it is the responsibility of the photographer to provide images scanned to our requirements, or to pay a scanning charge of $10 per image if we have the photographs scanned. The charge will be deducted from future payments.

Scanning Requirements: High resolution scans, 25-35MB file, RGB, approximately 9" x 12" at 300dpi, colors adjusted to your own quality standards.

Captions. The photographer is asked to accompany the submissions with a numbered list with a caption describing each image (such as location, activity, date, etc.).

Photographer Bio. Please accompany your submission with a brief biography and portrait of yourself if desired to include under "Our Photographers" on www.mistralimages.com. If no portrait is provided we may substitute one of your images.

Site Features and Publicity. We will periodically select photographers and images to feature on the site. All publicity and promotion will be handled by Mistral Images.

Send Submissions to: Mistral Images, PO Box 16287, San Diego, CA 92176-6287.

Terms and Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU (also referred to as “Licensee”) AND MISTRAL IMAGES. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD ANY IMAGE AND/OR SOFTWARE. BY DOWNLOADING ANY IMAGE AND/OR SOFTWARE FROM OUR WEBSITE OR CD, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE ANY IMAGE PUBLISHED BY MISTRAL IMAGES. THESE IMAGES ARE COPYRIGHT PROTECTED.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

Licensing Options

Following is a brief overview of the two kinds of license agreement offered by Mistral Images.

1. Rights-Protected: A Rights-Protected License permits Licensee to use, display, reproduce, and distribute an image for a particular one-time use for one year from the date the image is received. If Licensee wishes to make any additional use of the licensed image, the Image must be re-licensed for each additional use.

2. Royalty-Free: A Royalty-Free License permits Licensee to use, display, reproduce, or distribute an image as many times and for as many individual uses as Licensee wishes for the period of one year from download.

Ownership of the Web Site and Images

Mistral Images is the exclusive owner of all web site content, including all copyrights, trademarks, service marks, trade names, web site trade dress and/or other intellectual properties therein. No web site content or images may be copied, reproduced, republished, uploaded, posted, transmitted, exploited, or distributed in any way, except as specifically permitted under this Agreement and the terms and conditions of the license granted herein. All of the images are copyrighted material, the copyright owned by either by Mistral Images or by a third party that has licensed the use of the images to Mistral Images.

An image may not be incorporated into a derivative artwork for which a new copyright may be obtained. An image may not be incorporated in a product for the purpose of redistributing, sublicensing or re-selling the image, and the image(s) themselves may not be sold or rented, or downloaded or transferred electronically in a format designed or intended for permanent storage or re-use such as on an electronic network or bulletin board. You may not copy the image(s) in its entirety, nor may it be stored on a server, nor shared by others.

Warranty

Mistral Images warrants the digital copy of the image in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the image. Mistral Images makes no other warranty, express or implied, including, without limitation, any implied warranties for merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights which may vary from state to state. Neither Mistral Images nor its licensors shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental or other damages arising out of this license or otherwise.

About Copyrights

Please know your responsibilities when it comes to intellectual property. Artwork, including photographs, drawings, paintings and illustrations, is considered "intellectual property" and in so being is protected by the U.S. Federal Copyright laws and the Berne Convention. These copyright laws were put in place to protect the interest of the artist. Without these protections it would be difficult for an artist to control the use of his/her work or to simply make a living. Permission MUST be obtained from the artist of the image or his/her agent before ANY use takes place. Failure to obtain this permission is a violation of the U.S. Federal Copyright laws and the Berne Convention.
Since copyright law can be difficult to interpret for the general public, the following "The Copyright Commandments" was complied by PACA (The Picture Archive Council of America).

The Copyright Commandments

When it's created, it's copyrighted.

Use the copyright notice.

The photographer or his/her agent has the exclusive right to exploit the copyright in each image. That right is for the life of the photographer plus 75 years.

Permission to use a copyrighted photograph for any purpose whatsoever must be obtained in advance in writing to avoid possible violation of the federal law on copyright.

Any unauthorized use constitutes an infringement.

Combining, altering or scanning photographs or any part thereof, including electronically, is an exclusive right held by the photographer and permission to combine or alter should be obtained in writing prior to any such changes or uses.

Exceeding the terms of a license has been held to be an infringement.

A new license is required prior to additional use.

An artist's rendering of a photograph in another medium is a derivative use of an image and does require the written permission of the copyright owner prior to use.

Re-creating a copyrighted photograph is a derivative use and therefore requires the permission of the copyright holder of the original image.

Reference use of a photograph or any part thereof requires the permission of the copyright holder.

Releases, Permissions and Sensitive Subjects

Unless we indicate that an image has a model or property release, no such release exists. Mistral Images gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.

Advance written permission is required for use of images for sensitive subjects, including, but not limited to, contraception, matters of a sexual nature, substance abuse, physical or mental abuse, alcohol, tobacco, aids, cancer, other serious physical or mental ailments or the disparagement of a person or product. Mistral Images reserves the right to not permit use of an image for any reason whatsoever.

Miscellaneous

Licensee represents to Mistral Images that Licensee has the full right and authority to enter into this Agreement. This Agreement constitutes the complete and exclusive agreement between Mistral Images and Licensee with respect to the subject matter hereof and supersedes all prior discussions, understandings and agreements with respect to the subject matter hereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect. Waiver by a party of any breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent or other breach. This agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. In any dispute arising out of this agreement, Licensee consents to the exclusive jurisdiction of the state of California and venue in the state and Federal courts within California. Licensee may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of Mistral Images. This Agreement shall be binding on and inure to the benefit of the parties hereto, their successors and permitted assigns.