1. The following terms apply to all orders given to the photographer. They are considered as agreed upon, if they are not challenged immediately.
2.”Photographs” in the sense of these conditions are all of the photographers manufactured products, in any technical means or in what medium they were created or exist. (Negative, Positive Stop, paper paintings, still-video, electronic still images in digital form, video, etc.)
1. The photographer has the copyright on the photographs to be in accordance with the Copyright Act.
2. The photographs produced by the photographer are normally made only for the personal use of the client.
3. Gives the photographer the right to use his works – is unless expressly agreed otherwise – only the right to use transferred. A transfer of rights is subject to special agreement.
4. The use rights only go on after the full payment of the fee to the photographer.
5. The purchaser of an image i.S. § 60 of the Copyright Act has no right to the photograph to reproduce and distribute, if the rights thereto have been transferred. § 60 Copyright Act is expressly waived.
6. In the recovery of the photos, the photographer, unless otherwise agreed, require to be named as author of the photograph. A violation of the right of the photographer Attribution entitled to compensation.
7. The negatives remain with the photographer. A publication of the negatives to the client is only possible by special arrangement.
III. Remuneration, Retention of title
1. For the production of photographs, a fee as hourly, daily or agreed fee plus VAT is calculated and associated costs (travel costs, model fees, expenses, props, laboratory and materials, studio rental, etc.) are borne by the customer. To end users, the photographer has made the final prices include VAT.
2. Outstanding Invoices are payable within 14 days without deduction. The customer is in default if it is not due invoices within 30 (settles in words: thirty) days after receipt of an invoice or equivalent payment. The photographer reserves the right to bring about the delay by providing the received after due warning to an earlier date.
3. Until full payment of the purchase price remain the property of the photographer and supplied photographs.
4. If the client has the photographer no explicit instructions regarding the format of the photographs given, are complaints about the image and view the artistic and technical design excluded. If the customer during and after shooting production changes, so he has to bear the additional costs. The photographer reserves the right remuneration for work started.
1. For the breach of obligations that are not directly related to significant contractual obligations, the photographer responsible for himself and his assistants only if intent or gross negligence. He is also liable for damages resulting from the loss of life, limb or health or from the violation of essential contractual obligations that have caused him or his agents by culpable dereliction of duty. For damage to host objects, models, films, displays, layouts, negatives or data, the photographer is liable – if nothing else has been agreed – only for intent and gross negligence.
2. The photographer keeps the negatives carefully. He is entitled but not obliged, kept him from negative after three years to destroy since the end of the contract. Before the destruction, he will notify the customer and offers him the negatives for sale.
3. The photographer is responsible for light-fastness and durability of the photographs only in the warranty, the manufacturer of the photographic material.
4. The sending and returning of movies, pictures and documents at the expense and risk of the customer. The contracting authority may determine is how and by whom the return.
1. The client asserts that he has all the documents handed over to the photographer reproduction and distribution rights as well as portraits of people the consent of the persons depicted for publication, reproduction and distribution. Compensation third party based on a violation of this duty borne by the client.
2. The Client undertakes to provide the recording properties in a timely manner and immediately after the recording again to pick up. Holt solicitation for the customer objects to the taking-ment not later than two working days shall entitle the photographer, where appropriate, to calculate storage costs or outsource its studio facilities in blocking the goods at the expense of the customer. Transport and storage costs are charged to the customer.
VI. Default or cancellation fee
1. Allowing the photographer to the customer to choose from several photographs, return the client is not selected photographs within one week of access – if not for some time has been agreed upon – at your own risk and expense. For lost or damaged photographs, the photographer, if he is not responsible for any loss or damage, demand payment.
2. Allowing the photographer to the customer pictures from its archive, the client has not selected images within one month of receipt by the client, the selected returned within one month after use. If the customer is in default of return, the photographer can block a fee of 1 (in words: one) per day and picture in the contract, provided the client does not prove that damage was not created or lower than the cancellation charge. In case of loss or damage that precludes further use of the pictures, the photographer can claim compensation. The damage amounts to at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the customer proves that damage was not created or lower than the cancellation charge. The assertion of greater prejudice to the photographer.
3. If the planned for the implementation of the contract period for reasons that can not be held by the photographer, substantially exceeded, thus increasing the salary of the photographer, unless a fixed price was agreed, accordingly. Is one time fee agreed upon, the photographer also gets to wait the agreed hourly or daily rate, unless the customer proves that the photographer is no damage caused. Be at fault or negligence of the client, the photographer can make a claim for damages.
4. Delivery dates for photographs will only be binding if they have been explicitly confirmed by the photographer. The photographer is responsible for exceeding the deadline only for intent and gross negligence.
Necessary for commerce, personal data of the customer can be stored. The photographer obliged him to treat all as part of the order not disclose information confidential.
VIII Digital Photography
1. The digitization, storage and reproduction of photographs by the photographer on any medium, requires the prior written consent of the photographer.
2. The transfer of rights does not include the right to store and reproduce, if that right was not expressly delegated.
1. The processing of photographs of the photographers and their reproduction and distribution, analog or digital, requires the prior consent of the photographer. Produced by photo-composing or other electronic manipulation of a new work, this is to be marked with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of § 8UrhG.
2. The client is obliged to photographs of the photographer digital to save as and copy the name of the photographer is linked with the image data electronically.
3. The client is obliged to make this electronic link such that it is maintained for each type of data transmission, in each reproduction on screens, with all types of projections, especially when any public, and the photographer as author of the images clearly and easily identifiable is.
4. The client asserts that he is entitled to charge the photographer with the electronic processing of other photographs, in issuing such an order. He releases the photographer from all third party claims arising from the breach of that duty.
X. Use and dissemination
1. The spread of photographs of the photographer on the Internet and intranets, in-line databases, in electronic archives, which are intended not only for internal use by the client, on a diskette, CD-ROM or similar media only by special agreement between the photographer and the client allowed.
2. The transmission of digitized photographs on the Internet and intranets, and on disks and devices that are suitable for reproduction on screens or for the manufacture of soft and hard copies, requires the prior written consent of the photographer.
3. Reproduction and dissemination of studies, the photographer has made electronically, requires the prior written consent of the photographer.
4. The photographer is not obligated to issue disks, files and data to the client if it has not been expressly agreed in writing.
5. If the customer requires that the photographer him volumes, files and data availability, this has to be agreed and charged for separately.
6. Does the photographer the client disks, files and data made available, these should be changed only with the prior consent of the photographer. 7th Risk and cost of transport of data media and data files online and offline are owned by the client and the method of transmission may be determined by the contractor.
XI. Final Provisions
Performance for all obligations under the contract is the seat of the photographer, if the contractor is not a consumer. If both parties are merchants, legal persons under public law or a public special fund, so is the address of the photographer as area of jurisdiction.