Terms and Conditions
1. All offers, deliveries, electronic transmissions and the granting of rights of use are subject to change without notice and are subject to the following terms and conditions.
2. Any deviating terms and conditions of the customer shall only apply if confirmed in writing by the Agency. Any terms and conditions of the customer to which reference is made in order forms, delivery confirmations or similar are hereby rejected.
3. The customer must indicate the type of intended use when placing the order, at the latest, however, before the technical use of the pictures. The agency declares its consent to the use of the supplied photographic material in accordance with the information provided by the customer. If the information provided by the customer does not correspond to the type of use, the consent to use shall be deemed not to have been granted and the Agency shall be released from claims for damages by third parties.
4. Delivered or electronically transmitted photographic material shall always remain the property of the Agency. It is made available exclusively for the acquisition of rights of use within the meaning of copyright law and temporarily for the type of use indicated on the delivery note within the specified period.
5. By paying damages and/or other costs and fees, which are calculated according to these conditions, the customer acquires neither ownership nor rights of use to the picture material of the agency.
1. Each use of our picture material is subject to a fee. This also applies to the use of a picture as a template for drawings, caricatures, reproduced photos, for use for layout purposes and customer presentation as well as for the use of picture details which become part of a new work of art by means of montages, photo composing, electronic image carriers or similar techniques.
2. Fees are to be agreed before use. They depend on the medium, type and extent of use, which must be specified to us. If the customer does not request a fee, we will automatically charge our applicable fee rates. If the customer does not provide precise information, the picture agency is entitled to charge a flat fee. For the rest, the current fee recommendations of the Mittelstandsgemeinschaft Foto-Marketing apply for the calculation of the fee. All fee information in offers, price lists and other documents are always net without VAT.
3. The fees apply only for the one-time use for the stated purpose, the stated scope and the agreed language area. Any further use is subject to a fee again and requires our prior written consent.
4. If an illustrated object (e.g. a book, record cover, brochure, etc.) is reproduced in a new medium, a fee shall be due again for the photo motif recognisable on it, irrespective of already paid rights of use for the same image in the original context of use. This applies in particular to use for advertising purposes. The user has to inform the picture agency about the new purpose of use and to get the consent for the use given.
5. A minimum fee of five times the usage fee shall become due in the event of unauthorized use or passing on of our picture material, subject to further claims for damages.
6. Exclusive rights or blocking periods must be agreed separately and require at least a surcharge of 100% of the respective basic fee.
7. Pictures accepted for publication will be made available for a maximum of 90 days from the date of delivery without charging blocking costs (see also section C "Fees, costs"). Exceptions must be agreed in individual cases.
8. If the intended publication or other use does not take place, a fee already paid cannot be refunded.
9. Five times the fee of the respective fee recommendations of the Mittelstandsgemeinschaft Foto-Marketing will be charged for unauthorized or non-registered use of the photographic material.
C Fees, costs
1. For all picture deliveries and transmissions, processing costs and dispatch or transmission costs will be charged which result from the type and extent of the expenditure incurred. A settlement with possible usage fees cannot take place. With the payment of the processing costs the customer acquires neither rights of use nor property rights.
2. The delivery of ordered pictures constitutes a loan relationship which is free of charge within the return period granted on the delivery note. From the date of return, blocking costs for pictures that are not used shall become due in accordance with the separate "Costs" section. This shall also apply to free offers if the recipient of the consignment is a permanent purchaser of freely offered photographic material. For images intended for use which remain with the customer for longer than 30 days from the date of delivery, the corresponding blocking costs will also be charged in addition to the usage fee from the 31st day until the date of return.
3. Damages shall be paid for damaged or non-returned picture originals in accordance with the attached scale of charges. In the event of total loss, a compensation sum of EUR 1,000 per picture shall be deemed agreed, without the picture agency having to prove the amount of the damage in detail. This sum is calculated from the loss of further usage possibilities. The orderer reserves the right to prove any lesser damage in individual cases. We reserve the right to further claims for damages as well as blocking costs. Replacement duplicates offered to us by the party liable for damages for damaged or lost picture originals will not be accepted. In detail the loss fees apply according to the separate column "fees".
D Restrictions on disposal, liability, exploitation rights and copyrights
1. All image templates shall be treated as originals. In principle, only the right to use the photographic copyright is transferred. This applies in particular to image originals which are subject to further copyright protection in terms of image content (e.g. works of fine and performing arts). The user shall be responsible for the replacement of further copyrights as well as the effect of publication permits on collections, museums, etc. The photos are only made available by us for use in accordance with the contract and must be returned immediately after use or deleted from the electronic memory. The contractually granted rights shall only apply to one-time use within the agreed scope. Repetitions or other extensions of the originally granted rights of use are only permitted with our prior consent. Our prior consent must be obtained in particular in the event of intended use of the photographic material for advertising purposes. Insofar as the personal rights of a person depicted may be infringed during advertising use, the customer shall be responsible for obtaining the consent of the person depicted. If claims for damages of the injured person arise due to a consent not obtained, the customer must indemnify the agency from these claims for damages. Our consent to the transfer of usage rights shall not be dispensable even if the transfer took place within the scope of the overall sale of a company or the sale of parts of a company (§ 34 para. 3 German Copyright Act); this clause shall be regarded as a separate agreement pursuant to § 34 para. 4 German Copyright Acts.
2. No distortion of the copyrighted work by copying, re-photographing, photocomposing or electronic means is permitted. Exceptions require a separate agreement. In case of violations against this, the picture agency is entitled to charge five times the usual fee for the type of use according to the fee recommendations of the Mittelstandsgemeinschaft Foto-Marketing or the originally agreed fee. Uses which are not in line with the trend and falsifications in picture and word as well as uses which can lead to the degradation of depicted persons are inadmissible and make the user liable for damages.
3. We cannot accept any claims for damages which may arise from the use of our pictures. The person responsible for the respective printed work or other medium shall in any case bear full responsibility himself, including those resulting from the right to his own image and the use of the photographic material provided for advertising purposes without the prior obtaining of our consent with regard to any violation of personal rights of persons depicted.
E Copyright, specimen copy
1. We demand with reference to §13 UrhG expressly an agency and copyright note, namely in such a way that no doubt can exist about the allocation to the respective picture. Collective picture credits are only sufficient in this sense if they can also be used to make an unequivocal allocation to the respective picture. In addition, we must be told exactly which picture was used in which publication and where. If the name is not mentioned, we shall be entitled to compensation in the form of a surcharge of 100% on the respective usage fee plus any administrative costs. The user shall indemnify the picture agency against any claims of third parties resulting from the omission of the copyright notices. The naming right cannot be compensated by an increased fee.
2. This also applies to advertising, insertions in television programs and films or other media if no express special agreement has been made.
3. Unless specifically stated above, any use is subject to the provisions of the German Copyright Act.
4. at least two complete specimen copies of each publication in print must be sent to us unsolicited and free of charge in accordance with § 25 VerlagsG.
F Costs and fees
1. Blocking costs for exceeding the free viewing period per piece and day for colour slides, colour samples and negatives EUR 2,-. Per piece and day for b/w-templates EUR 1,-.
2. Replacement fees in the event of loss or damage (see heading C "Fees, costs", point 3). Color slides, color originals, negatives a) Slight damage, further use permitted EUR 200,- b) Severe damage, limited further use permitted EUR 500,- c) Loss/total damage Slides up to 6 x 9 EUR 1.000,- Slides 9 x 12 and 13 x 18 EUR 1.200,- Slides 18 x 24 EUR 1.500,-
3. Replacement fees for duplicates, if recoverable/recoverable EUR 250,-
4. The processing costs for sampled items from EUR 50,-. The processing costs depend on the scope of the order and the research required.
5. Layout and presentation fees EUR 150 for photos with persons from EUR 200,-. In case of later use within half a year will be charged. A quantity discount is possible for orders of 5 or more pictures for the same presentation.