For the purpose of this agreement ‘the Publisher’, 'the Agency' and 'the Advertiser' shall, where the context so admits, include their respective assignees, sublicensees and successors in title. In cases where the Photographer's client is a direct client or private client (i.e. with no agency or intermediary), all references in this agreement are to ‘the Publisher’, 'the Agency' and 'the Advertiser' shall be interpreted as references to the Photographer's client. 'Photographs' means all photographic material furnished by the Photographer, whether digital images, transparencies, negatives, prints or any other type of physical or electronic material.
Copyright for the purposes of this agreement is entirely related to and governed by the German copyright law. The entire copyright in the Photographs is retained by the Photographer at all times and unless otherwise agreed, the work in question must not be re-produced without the express permission of the photographer. A 'base usage ' is expected to be agreed prior to use or commission, any further use of, in part or whole of the photograph outside this,would normally be granted on the payment of a further fee, to be agreed. ‘Base Usage’ for stock photographs is Germany only and for a single edition of the magazine, book, publication or website. Use in countries, continents or languages outside of Germany are subject to negotiation. See item 15 below. Internet web usage of an image is licensed for one year only unless otherwise agreed in writing.
3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs or media on which they are carried must be returned to the Photographer in good condition within 30 days. Images transferred electronically must be deleted and destroyed at the end of the license period unless an extension period has been agreed in writing.
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photograph(s) before payment in full of the relevant invoice(s) without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Publisher is put into receivership or liquidation. Where applicable the Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of "all media" licence is granted, the Photographer's permission must be obtained before any use of the Photographs for other purposes, e.g. use in relation to another product or sub-licensing through a photo library, or use in another, country, continent or language.
The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer where Exclusivity is requested, agreed and paid for. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
The Photographer agrees to indemnify the Agency and the Advertiser (Excluding Publishers) against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
All work is priced and charged in Euro (€) unless otherwise agreed. All foreign currency conversion and transaction expenses are payable by the Publisher/Agency/Advertiser/Licensee. Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. Or as expressly agreed beforehand.
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses shown overleaf as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT
At all times the Photographer has the right to credit for all material used and the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). Where the Photographer is acting as an Agent for another photographer it is expected that the credit of ‘km-pics’ will be assigned to the photograph. The Photographer also asserts his statutory right to be identified, Designs or any amendment or re-enactment thereof.
13. ELECTRONIC STORAGE
Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
14. APPLICABLE LAW
This agreement shall be governed by the German laws.
These Terms and Conditions shall not be varied except by agreement in writing.
Terms and Conditions amended 28 October 2014