Terms of Service
1. The following general terms and conditions (hereinafter referred to as GTC) apply to all orders, offers, deliveries and services carried out by the photographer.
2. They are deemed to have been agreed upon acceptance of the delivery or service or the offer from the photographer by the customer, but no later than upon acceptance of the image material for publication.
3. If the customer wishes to contradict the terms and conditions, this must be declared in writing within three working days. Deviating terms and conditions of business of the customer are hereby contradicted. Deviating terms and conditions of the customer are not valid unless the photographer acknowledges them in writing.
4. The terms and conditions also apply to all future orders, offers, deliveries and services of the photographer in the context of an ongoing business relationship, even without express inclusion.
II. Image material provided
1. The terms and conditions apply to any image material provided to the customer, regardless of the level of creation or the technical form. They also apply in particular to electronically or digitally transmitted image material.
2. The customer acknowledges that the photographic material supplied by the photographer is a copyrighted photographic work within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.
3. Design proposals or concepts commissioned by the customer are independent services that are to be paid for.
4. The photographic material provided remains the property of the photographer, even in the event that compensation is paid for this.
5. The customer has to treat the image material carefully and with care and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.
6. Complaints concerning the content of the delivery or the content, quality or condition of the image material must be communicated within 48 hours of receipt. Otherwise the image material is deemed to have been received properly, in accordance with the contract and as recorded.
III. Usage rights
1. In principle, the customer only acquires a single right of use for one-time use.
2. Exclusive usage rights, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
3. With the delivery, only the right of use is transferred for the one-time use of the image material for the purpose specified by the customer and in the publication and in the medium or data carrier that the customer has specified or which / -s / -r results from the circumstances in which the order was placed. In case of doubt, the object (newspaper, magazine, etc.) for which the image material has been made available as evidenced by the delivery note or the shipping address is decisive.
4. Any use, exploitation, duplication, dissemination or publication going beyond paragraph 3 is subject to a fee and requires the prior express consent of the photographer. This applies in particular to:
secondary use or publication, in particular in anthologies, brochures accompanying the product, in advertising or in other reprints,
any editing, modification or redesign of the image material,
the digitization, storage or duplication of the image material on data carriers of all kinds (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, CDi, floppy disks, hard drives, memory, microfilm, etc.), provided this is not just the technical processing of the image material in accordance with . Section III 3 of the General Terms and Conditions serves,
any reproduction or use of the image data on CD-ROM, CDi, floppy disks or similar data carriers,
any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (including those relating to the customer's internal electronic archives),
the forwarding of the digitized image material by way of remote data transmission or on data carriers that are suitable for public display on screens or for the production of hard copies.
5. Changes to the image material through photo composing, montage or electronic aids to create a new work protected by copyright are only permitted with the prior written consent of the photographer and only if marked with [M]. The image material may also not be copied, photographed reproduced or used in any other way as a motif.
6. The customer is not entitled to transfer the rights of use granted to him in whole or in part to third parties, not even to other group or subsidiary companies.
7. Any use, reproduction or distribution of the photographic material is only permitted on condition that the information provided by the photographer is attached
The photographer assumes no liability for the infringement of rights of persons or objects depicted, unless an appropriately signed release form is attached. The customer is responsible for acquiring usage rights beyond photographic copyright law and obtaining publication permits for collections, museums, etc. The customer is responsible for the text as well as the contexts resulting from the specific publication.
1. The agreed fee applies. If no fee has been agreed, it is based on the current picture fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee is exclusive of the applicable VAT.
2. The fee applies only to the one-time use of the image material for the agreed purpose in accordance with Section III. 3. or 2. AGB. If the fee is also intended for further use, this must be agreed in writing.
3. Costs and expenses incurred through the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses, etc.) are not included in the fee and are to be borne by the customer.
4. The fee according to IV. 1. AGB is to be paid in full even if the image material ordered and delivered is not published. If the recordings are used as a template for layout and presentation purposes, unless otherwise agreed, a fee of at least € 75.00 per recording is due.
5. Offsetting or exercising the right of retention is only permitted against undisputed or legally established claims of the customer. It is also permissible to offset counterclaims that are contested but ready for decision.
VI. Return of the picture material
1. The image material is to be returned in the form supplied immediately after publication or the agreed use, but no later than 3 months after the delivery date, without being requested to do so; two specimen copies must be enclosed. An extension of the 3-month period requires the photographer's written approval.
2. If the photographer only provides photographic material at the customer's request or with the customer's consent for the purpose of checking whether use or publication is possible, the customer must return the photographic material within one month of receipt at the latest, unless a different period is noted on the delivery note is. An extension of this period is only effective if it has been confirmed in writing by the photographer.
3. The return of the image material is carried out by the customer at his own expense in packaging customary in the industry. The customer bears the risk of loss or damage during transport to the photographer's receipt.
VII. Contractual penalty, blocking, compensation
1. In the event of any unauthorized use, application, reproduction or transfer of the image material (without the consent of the photographer), a contractual penalty in the amount of five times the usage fee must be paid for each individual case, subject to further claims for damages.
2. If the copyright notice is omitted, incomplete, incorrectly placed or not assignable, a surcharge of 100% of the usage fee must be paid.
3. If the image material is not returned in good time (blocking), a contractual penalty of € must be paid for the period following the expiry of the periods set out in Clause V.1 or 2.
€ 0.25 per day and picture for b / w or color prints or slide duplicates
€ 1.00 per day and picture for slides, negatives or other unique items.
4. Damages must be paid for damaged, destroyed or lost image material without the photographer having to prove the amount of the damage in the amount of
€ 40.00 per b / w or color print or 35mm slide duplicate
€ 125.00 per medium or large format duplicate slide
€ 250.00 per slide original, negative or other unique specimen
€ 500.00 per non-repeatable slide, negative or other unique item.
In the event of damage, the rates are to be reduced according to the degree of damage and the scope of further use. Both contracting parties reserve the right to prove that greater or lesser damage or no damage at all has occurred.
5. If there is no specimen copy or if the invoice does not contain a specimen copy or if the invoice does not state which image was used in which position in which publication, a contractual penalty of 50% of the usage fee must be paid.
6. The payments provided in Section VII. Do not constitute any rights of use.
1. The law of the Federal Republic of Germany applies as agreed, also for deliveries abroad.
2. Subsidiary agreements to the contract or to these terms and conditions must be made in writing to be effective.
3. The possible nullity or ineffectiveness of one or more provisions of these terms and conditions does not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a meaningful and effective provision that comes as close as possible to the intended regulation economically and legally.
4. If the customer is a registered trader, the place of fulfillment and jurisdiction is the photographer's place of residence.