| TERMS AND CONDITIONS OF BUSINESS Section 1 Preamble All present and future business connections are subject to the following general Terms and Conditions of Business. Differing agreements reached verbally or conflicting general terms and conditions of business of the user shall be binding only in the event that Michael Friedel GbR acknowledges them in writing. The validity of the user's terms and conditions of business that differ is contradicted. A work is taken to mean all photographs, slides, scans and data records delivered to the customer, as well as products that are produced in a manner similar to that used for photographs, no matter in which stage of creation or in which technical form they are present. These Terms and Conditions of Business shall be considered to have been accepted once an invoiced fee has been settled. SECTION 2 ACCEPTANCE OF THE CREATORSHIP The customer shall provide the work or publication with an unambiguous and clearly identifiable originator designation as follows: "PHOTO © MICHAEL FRIEDEL". We expressly require a copyright notice, namely, in such a manner that allows for no doubt regarding attribution to the respective picture. Collective picture credits are sufficient in this context only to the extent that these credits likewise leave no doubt regarding the attribution for each particular picture. The user shall release the image agency from claims of third parties that result from the omission of the copyright notice. SECTION 3 ASSIGNMENT OF RIGHTS Michael Friedel GbR shall assign to the user a simple right of use and enjoyment for the work for the singular use in the respective country according to a written agreement. Each additional and broadened use is subject to authorization and requires the consent of Michael Friedel GbR. The user receives the material only on a loan basis. The assignment of the right of use and enjoyment (even in the framework of a corporate group) or the use of the work in other print products, reprints, auxiliary issues and the like, the editing, revising, reproduction of the work and the re-creation of the motif are permissible only with written consent from Michael Friedel GbR. Ancillary and consequential rights are not assigned. Electronically conveyed image material and delivered originals shall always remain the property of the originator. In the context of proprietary rights, such material is provided exclusively temporarily for the agreed type of use. Image data and images to which the ordering party has acquired a right of use and enjoyment by means of the payment of a fee for the use in accordance with an agreement that are not used within a period of three months, calculated from the date of the payment of the fee for the use, shall be deleted from the electronic storage system or returned. Passing on the image material to a third party or passing on the reproduction rights to a third party shall not be permitted. Likewise, duplications and the production of internegatives, reproductions and enlargements, as well as the copying of digital image material for the ordering party's archiving purposes and passing on the same to a third party shall not be permitted. Special cases require our written approval. The user is obligated to inform us whether and the extent to which it has duplicated or has otherwise produced samples for its own archiving purposes. SECTION 4 MODIFICATIONS TO THE IMAGE MATERIAL Without consent from Michael Friedel GbR, the user is not authorized to use the image material in a manner other than in the original version, meaning, for example, in rough clippings or montages, in a manner that makes the image material unfamiliar by using photographic technology, or by the use of photographic technology to make the image material coloured or black and white printed from colour. The user shall be liable for violations of the right to one's own picture (in the sense of Sections 23, 23 of KUG, the German Art Copyright Act). SECTION 5 DIGITAL STORAGE OF THE IMAGE MATERIAL Permanent digital storage on electronic media is not permitted. The user is not authorized to duplicate by means of data storage media and/or pass on the image material that has been delivered to the user for purposes of approval. After the termination of the contract period or after the termination of the agreed period of use, all data on all media must be deleted. SECTION 6 USE ON THE INTERNET The user may use the image material on the Internet only with the written approval of Michael Friedel GbR. All works published on the Internet must display the notice "PHOTO © MICHAEL FRIEDEL". SECTION 7 EXCLUSIVITY Michael Friedel GbR fundamentally assigns only relative rights of use and enjoyment. Exclusive rights must be agreed to separately; in such a case, Michael Friedel GbR shall be obligated to block similar motifs (e.g., re-exposures, variants, etc.) for the respective media area only according to a written agreement. SECTION 8 OBLIGATIONS OF THE USER The user shall treat the image material with the greatest possible diligence. In the case of all publications with people, no texts or captions are permitted to be used that do not correspond to the spirit of the photograph. The people may not be associated with religious memberships or political parties and may not be defamed or libelled in the text or caption. Likewise, the images are not permitted to be connected to any texts that could make one of the people portrayed feel aggrieved, insulted or discriminated against. In this case, the personal rights must be clarified with the image agency before publication. Likewise, the use of images with people in media with sexual or pornographic content is forbidden; in particular, this also applies to publications on the Internet. The user is obligated to comply with the published principles of the press council (Press Code). The user or the ordering party is responsible for supplying the text. We accept no liability for a violation of the general personal right or the copyright as a result of a use contrary to the understanding or a distorting use in the image and text. In the case of a violation of such rights, the user alone shall be liable for damages with respect to any third parties. SECTION 9 SPECIMEN COPY The user is obligated to inform Michael Friedel GbR promptly of each use of the image material. The user shall send Michael Friedel GbR two specimen copies after each use, at no charge and without being requested to do so. SECTION 10 ROYALTY FEES Each use of the image material is subject to royalty fees. This also applies to the use of an image as a template for drawings, caricatures, reconstructed photos and customer presentations, as well as to the use of image details that become a part of a new image work by means of montages, photocomposing, electronic image recording media or similar techniques. The amount of the royalty fee depends on the agreement reached by the parties. If no agreement has been reached, the general royalty fees of Michael Friedel GbR shall apply; these fees are determined according to the usage, the circulation, the image size and placement and the layout. The list of royalty fees can be inspected at Michael Friedel GbR. The minimum fee for each use is € 150.00. Michael Friedel GbR is authorized to present invoices for the delivered image material after each use, but no later than three weeks by agreement. Payment of the invoice is due immediately. All royalties, fees and costs shall be charged to the user, along with the legal value added tax. SECTION 11 COMPENSATION FOR DAMAGES In the following cases, Michael Friedel GbR shall demand a flat rate compensation for damages, whereby "image fee" is the agreed upon fee or, if no agreement has been reached, the minimum fee according to the general list of fees of Michael Friedel GbR. Improper assignment of the right of use and enjoyment or exploitation without an assignment of rights or the necessary consent: five times the image fee Violation of the acceptance of the creatorship in accordance with Section 2: two times the image fee Modification of the image material in accordance with Section 4: at least two times the image fee Publication without giving notice of the author or without copyright notice: two times the image fee Improper use on the Internet in accordance with Section 6, improper introduction into image pools: three times the image fee We reserve the right to more extensive compensation claims or injunctive relief. The user can provide evidence that no damage whatsoever has occurred or that any damage that may have occurred is considerably less than the stated flat rate. No rights of use and enjoyment or proprietary rights shall be assigned or acquired with the assertion or payment of damage compensation. SECTION 12 FINAL CLAUSES The user has been informed that all data affecting the user has been stored in the framework of electronic data processing, and declares agreement with such storage. The laws of the Federal Republic of Germany apply to the entire legal relationship between the user and Michael Friedel GbR. The jurisdictional venue is, as far as allowed by law, Munich, Germany. The place of performance is Dietramszell. Should one provision in these Terms and Conditions of Business or in the framework of other agreements be or become invalid, the validity of all other provisions or agreements shall remain unaffected. The invalid provision shall thereupon be replaced by a new provision that comes closest to the spirit and economical purpose of these Terms and Conditions of Business and the other agreements. The current Terms and Conditions of Business can be inspected and printed out by the customer at any time under the link "Terms and Conditions of Business". Dietramszell, Germany, in July 2006 |
