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Terms of use

GENERAL BUSINESS TERMS AND CONDITIONS

  

 

 

 

I. Validity of Business Terms 

Image material is made available by SCHREYER Photo Agency, Owner: Thomas Schreyer, referred to in the following as SCHREYER, exclusively on the basis of these business terms and conditions (referred to in the following as GTC).

Deviating business terms of the purchaser only apply if they have been confirmed in writing. General Terms and Conditions of the purchaser are herewith expressly not accepted.

  

II. Copyright and Liability

The customer accepts and recognizes that the image material supplied by the photographer is photographic works protected by copyright in terms of § 2 Sect. 1 item 5 of Copyright Law (UrhG).

The copyright note must be clearly executed.

The image material supplied is the property of the SCHREYER Agency. It is only available on loan and must be returned within one month or must be removed again from the storage medium of the customer within one month.

The image material may only be used editorially. SCHREYER accepts no liability for violation of rights of persons or items photographed. The customer bears responsibility for the texts and any contexts arising from concrete publication.

In addition to agreements made, the terms of the Copyright Act apply for each use.

Rights of use granted can also not be transferred, without approval from SCHREYER, if such transfer is made within the scope of overall sale of a company or the sale of parts of a company (§ 34 Sect. 3 UrhG).

Exclusive rights or blocking periods must be agreed separately.

  

III. Use of the Image Material, Rights of Use

After registration has been completed, image material can be called up electronically or transferred, and is exclusively made available temporarily. The image material remains the property of SCHREYER and, in the case of non-use, must be returned at the latest within one month or must be deleted from the electronic memory of the customer. Image material for which rights of use are acquired is to be returned immediately after use, or at the latest within three months as of the date of the delivery note or data recall or data transfer, or must be deleted from the electronic memory. Costs for return or deletion are borne by the customer.

The customer always acquires only simple right of use for non-recurring use.

Exclusive rights of use, media-related or territorial exclusive rights or blocking periods must be agreed separately. Additional costs are specified in the fee conditions (refer to fees).

The image material delivered remains the property of the photographer, also in the case of claims for damages.

On delivery, only the right of use is transferred for non-recurring use of the image material for the purpose specified by the customer and in the publication, medium or data carrier specified by the customer or whichever results from the circumstances of the placing of order. In case of doubt, the item (newspaper, magazine etc.) for which the image material has been made available in accordance with the respective delivery note or dispatch address is authoritative.

Any additional use, utilization, duplication, distribution or publication is subject to a fee and requires prior express approval on the part of the photographer. This especially applies to:

  • second utilization or second publication, especially in anthologies, product-support brochures, in advertising measures or other reprinting,
  • any processing, changing or rearranging of image material,
  • digitalization, storing or duplication of image material on data carriers of any kind (e.g. magnetic, optic, magneto-optic or electronic carrier medium such as CD-ROM, CDi, disks, fixed disks, working memory, microfilm etc.) in so far as this not only serves technical processing of the image material,
  • any copying or use of image data on CD-ROM, CDi, disks or similar data carriers,
  • any recording or reproduction of image data on the internet or in online databases or in other electronic archives (also in so far as this involves internal electronic archives of the customer),
  • transfer of digitalized image material in the course of data communication or on data carriers suitable for public reproduction on screens or the production of hardcopies.

Changes to the image material, e.g. by photo-composing, montage or by electronic tools to create a new work protected by copyright are only admissible after prior written approval has been received from the photographer and only if such work is clearly marked and identified. The image material must also not be drawn, photographed in replicate or used as a motif in any other way.

The customer must treat the image material with care. The customer is not entitled to assign the rights of use granted to him wholly or partially to third parties, also not to other group companies or subsidiaries. The customer may only pass on the image material to third parties for internal business purposes of inspection, selection and technical processing.

Claims relating to the contents of the shipment supplied or to content, quality or condition of the image material must be notified within 48 hours of receipt. Otherwise the image material is deemed to have been received correctly, in accordance with the contract and as documented.

In the case of unauthorized use or transfer of material, a minimum fee amounting to twice the utilization fee is due, subject to further claims for damages.

  

IV. Image verification and Vouchers

The copyright note must be clearly placed for all publications pursuant to § 2 Sect.1 item 5 Copyright Act. 

Vouchers are to be submitted without request and free of charge.

 

V. Costs and Terms of Payment

Downloads from the database are, in principle, free of charge. However, handling fees may arise if downloads are not utilized.

Larger volumes of download must be clarified in advance, since there may be subsequent billing.

Each use of image material is subject to a fee. This also applies to layout and other drafts, unless agreed otherwise.

Fees are to be settled on instruction immediately after use of the image material, and in the case of invoicing at the latest 14 days after the invoice date, net, without any deduction and plus respective VAT.

Handling costs (over EUR 45.-) may also arise in case of lack of vouchers or in the case of settlement without voucher or settlement without specifying details as to which image has been used in which place in which publication.

  

VI. Fees

Each agreed use and each further use of material is subject to a fee. The fee recommendations of the Photo-Marketing SME Group in the Federal Association of Press Image Agencies (MFM/BVPA) apply exclusively, unless another fee has been expressly agreed or fees-(contracts) already exist. The fee is a net amount and is subject to additional VAT (currently at the reduced rate of 7 %). Legal minimum claim to appropriate payment (§ 32 UhrG) remains unaffected.

The fee only applies for non-recurring use of image material for the agreed purpose.

  

VII. Orders from the analog section

Supplementary terms apply for orders of original copies from the slides/negatives (image material before 2001). 

 

VIII.  Final Clause

It is agreed that German law will apply, also for deliveries abroad.

Collateral agreements to this contract or to these GTC must be made in writing to become effective.

If any of the terms of these GTC are void or ineffective, the remaining terms are not affected. The parties undertake to replace the invalid term with a term which most closely complies with the original business and legal intention of the invalid clause.

Where legally admissible, Forchheim (Bav. / GER) is the place of fulfillment and venue of jurisdiction.

Gößweinstein, 01.01.2008

 

SCHREYER photo-agency
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