Copyright
All photographs appearing on this site are the
property of version
and are protected under German and international copyright laws.
The photographs may not be manipulated without the permission
of the photographer.
General
Conditions
Any and all offers, consignments,
electronic transmissions as well as the allocation of utilization
rights (licencing) are exclusively provisional and do not exclude
the following standard contract conditions. Any and all offers,
consignments, electronic transmissions as well as the allocation
of utilization rights (licencing) are governed by the following
standard contractual conditions irrespective of additional agreements
made for individual transactions. Varying contract terms for
customers are only applicable if confirmed in writing by the
photographer. Contract terms declared by the customer, printed
on order forms, delivery confirmations or other documents are
hereby declared invalid. The customer must declare the intended
use of the pictures before licencing, and at the latest, prior
to technical utilization. The photographer will grant permission
for use of the delivered photographic materials for the purpose
specified in the customer‰s declaration only. If the customer‰s
declaration does not correspond with the subsequent usage, the
permission for utilization is void and the photographer will
not be liable for compensation claims from third parties. Fees
Use of any photographic material is subject to a fee.
Fees
Fees must be agreed before use
and are dependent on the intended media as well as the type
and extent of use. The type and extent of use must be declared
to the photographer in advance. If the customer does not inquire
about the fee the appropriate standard fee will apply. If the
customer supplies no detailed information on intended use, the
photographer is authorized to charge a flat fee. Fees entitle
the purchaser only to a single use of the agreed material and
only for the declared purpose, type of media, and number of
reproductions within an agreed language and geographic area.
Further use must be subject to prior written permission and
renewed fees. If an illustrated object (e.g. a book, CD-cover,
brochure etc.) is produced in a new media, an additional fee
is payable for the displayed photographic material, regardless
of any fee already paid for the right to use the same picture
for the originally agreed purpose. This applies particularly
to advertising use. The customer must inform the photographer
about the new usage and must obtain further permission. If photographic
material is utilized or passed on without authorization, a minimum
fee of five times the basic fee is due from the user, and such
misuse may be subject to further claims for compensation. Exclusive
rights or waiting periods must be agreed separately and attract
a minimum surcharge of 100% of the appropriate basic fee. Fees
are due at the latest three months from the date customers arranged
for the use of material, even if the publication or use has
not taken place.
Limitation
of Disposal, Liability, Utilization and Copyright Laws
Only the utilization right of
the copyright is transferred. This applies particularly to images
with several copyrights (e.g. to works of art or performing
arts). The customer will be solely responsible for adherence
to any further copyrights as well as obtaining publishing permission
from collections, museums etc. The photos supplied may only
be used as stipulated in the contract/ licence-agreement. This
agreement is valid only for the use agreed upon and only for
a single use. Repetitions or other extensions of the usage require
further prior permission, particularly (but not exclusively)
where the intended use of photographic material is for advertising
purposes. If utilization of the licenced photographic materials
affects the personal rights of a portrayed person, it is the
responsibility of the customer to obtain the relevant permission
from the portrayed person. If compensation claims arise because
such permission is not obtained, the photographer will not be
liable. Trend-strange utilization and distortions of pictures
or tone, as well as usage which could be considered disparaging
to portrayed persons, are not permitted and may lead to compensation
claims against the user. The customer is required to inform
the photographer of any unauthorised storage or use of the material
whether such information has been directly requested by the
photographer or not. The user is obliged to observe the journalistic
principles of the German Press Council (Press Code). The user
is responsible for the wording of any text accompanying the
photographic material. The photographer shall not be held liable
for violation of the general personality law or copyright law
resulting from erroneous arrangement or distorted meaning in
pictures or wording. Only the user will be responsible for compensation
claims from third parties if these laws are violated.
Copyright,
Voucher Copy
With reference to international and German
copyright law (§13UrhG), the photographer explicitly requires
a copyright entry, which must be printed in a place permitting
no doubts about the relation between the picture and the copyright
holder. Lists of reference are only adequate if an unambiguous
relationship to the relevant picture is established. Additionally,
with the payment of the balance of the licence fee, the customer
must cite explicitly in which publication and/or place the picture
has been published. If the customer fails to print the copyright
entry, the photographer is authorized to charge a compensation
fee of 100% of the appropriate utilization fee as well as additional
administration charges. In accepting these terms of business,
the customer releases the photographer from all third party
compensation claims if the customer fails to print the copyright
entry. The requirement to cite the copyright will not be waived
for a higher fee. The requirement to cite copyright also applies
to advertising, use of photographic material on web-site-pages,
in any other electronic media (e.g. CD-Rom), insertions in television
programmes, movies or other media unless other special written
agreements were arranged in advance.
Conditions
of Payments, Place of Jurisdiction, Miscellaneous
Invoices must always be paid in full within
30 days. The place of jurisdiction and place of performance
is exclusively Berlin, Germany for both parties, as far as legally
permissible. Deliveries in other countries will be governed
by the terms of this contract and German law. Should one or
more of the above contract conditions be void, the validity
of the remaining conditions of the contract remain unaffected.
Translation
by Maggie Watson / Expertext Contact: info@expertext.net
Allgemeine
Liefer- und Geschäftsbedingungen (AGB)
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