General Terms and Conditions
II. Commission products
III. Provision of photographic material (analog and digital)
IV. Utilization rights
5. Any modifications to the photographic material using photo composing, mounting or electronic means to produce a new copyright work shall require the photographer’s prior written approval and shall be designated as such by [M]. In addition, the photo-
graphic material may not be copied in drawing form, recreated photographically or
used in any other manner as a motive.
6. The customer may not transfer the rights of utilization or any part thereof granted to
it to any third parties unless these are members of its group or subsidiaries. All use, reproduction and transfer of the photographic material shall be subject to the condi- tion that the copyright information stipulated by the photographer be included in such a way that it can be clearly allocated to the picture in question.
7. The grant of the rights of utilization shall be subject to the condition precedent of full settlement of all of the photographer’s claims for payment under the applicable contractual relationship.
1. The photographer shall not be held liable for the breach of any rights held by per- sons or objects depicted in the photographic material unless a duly signed release is enclosed. The customer shall be responsible for acquiring the rights of utilization over and above the copyright to the photograph in question and for obtaining releases from collections, museums etc., e.g. for images showing works of applied or plastic arts. The customer shall be responsible for the legend as well as the context in which the photograph is used.
2. The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery.
1. The agreed fee shall apply. If no fee has been agreed upon, it shall be determined on the basis of the prevailing list of photographic fees issued by Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee shall be subject to value added tax at the applicable rate.
2. The fee shall be deemed to constitute good consideration for the one-time utiliza- tion of the photographic material for the agreed purpose in accordance with Section IV.3 herein.
3. The fee shall not include any costs and expenses arising in connection with the order (e.g. cost of materials, laboratory, models, props, travel, other necessary expenses), which shall be borne by the customer.
4. The fee shall be payable upon delivery of the photographs. If the results of the pro- duction are supplied in parts, the corresponding part payment shall fall due upon receipt of the corresponding delivery. In the case of commission productions, the photographer may request advance payments matching the percentage of completion of the production.
5. The fee provided for in Section VI. 1 herein shall be payable in full notwithstanding the fact that the photographic material ordered and supplied is not published. If the photographic material is to be used as a basis for layout and presentation purposes, a fee of at least ? 75.00 shall be payable in the absence of any other agreement to the contrary.
6. Only counter-receivables which are not disputed or have been upheld in a court of law may be netted or shall be subject to a right of retention. Moreover, counter- receivables which are disputed but on which a decision is soon to be made may also be netted.
VII. Return of photographic material
1. Analog photographic material shall be returned in the form in which it was supplied immediately after it has been published or utilized for the agreed purpose provided that this is no later than three months after the date of delivery; two sample copies of the publication in which the photographic material appears shall be enclosed. An extension to this three-month period shall require the photographer’s written approval.
2. Digital data shall be deleted and/or the data media destroyed upon completion of utilization. The photographer shall be under no duty to ensure the continued exi- stence and/or possibility of renewed delivery of the data.
3. If at the customer’s request or with its approval the photographer supplies photo- graphic material solely for the purpose of determining whether it is suitable for use or publication, the customer shall return analog photographic material no later than one month of receipt in the absence of any other period stated on the consignment note. Digital data shall be deleted and/or the data media destroyed or returned. This period may only be extended with the photographer’s written consent.
4. The customer shall return the photographic material at its own cost in standard pak- kaging. The customer shall bear the risk of loss or damage during transportation until the photographic material reaches the photographer.
VIII. Penalties, damages
1. In the event of any unauthorized utilization, use, reproduction or disclosure of the photographic material (i.e. without the photographer’s consent), the customer shall be liable to pay a penalty equaling five times the applicable fee for each individual instance, it being understood that this shall not operate to restrict any other reme- dies available to the photographer.
2. If the copyright notice is missing, incomplete, in the wrong position or not possible of being clearly allocated to the picture in question, a surcharge of 100% of the agreed or customary fee shall be payable.
IX. General provisions
1. The contractual relationship anticipated by these Standard Terms and Conditions shall be subject to German law including in the case of deliveries to foreign destinations. 2. Any additions or modifications to these Standard Terms and Conditions shall be in
3. If any of the provisions contained herein are void, this shall not prejudice the vali-
dity of the remaining provisions. In such a case, the Parties undertake to replace the void provision with a valid one coming as commercially and economically close as possible to what they intended with the void provision.
4. The place of fulfillment and the legal venue shall be the photographer’s domicile in cases in which the customer is a full merchant as defined by German commercial law.