Supply and business conditions for the supply of picture material in
analogous and digital form for the granting of utilization rights.
All offers, supplies and the granting of utilization rights are exclusively
provisional and not exclusive with regard to the business conditions
below. Other arrangements of utilization rights must be agreed upon/negotiated
Any differing business conditions of the customer are only valid after
written confirmation by the agency. Any business conditions of the
ordering customer referred to by the customer in order forms, delivery
confirmations or the like in files of his own, computers, in the
Internet or appropriate media are herewith invalidated. In the case
of delivery and the following use of analogous pictures as well as
in the case of the transmission and the following use of electronically
transmitted picture data a contractual relationship only comes about
on the basis of these general business terms, otherwise the sent
pictorial material or the transmitted picture data may not be used.
The refusal of our terms of supply only gains validity through the
return of the supplied picture material within three working days
of receipt by the customer and (with digital pictorial material)
by deletion of the so-called “Low resolution material” and
a referring written confirmation through the agency before high-resolution
data is demanded.
Complaints concerning the content of the consignment (when analogous
material is being sent) must be reported by phone within two working
days of receipt of the picture material and within a further three
working days in writing; complaints (also in the case of digital
pictorial material) concerning technical or other hidden faults are
to be made immediately on their discovery in writing. With the omission
of such complaints a liability on our part for possible already incurred
or possibly developing future costs/damage is excluded.
When ordering but at the latest before technical use of the pictures,
the customer must state the type, extent and language area of the
planned utilization and in case of advertisement also the product.
The use of the material is only permitted after the agency has agreed
upon the planned use and the communicated intended purpose. “Low
resolution material” from the website of the agency may strictly
not be used for any further publication and spreading. A digitization
of analogous material and the passing on of digital material by means
of data transmission or via data carriers is only permitted to the
extent in which the customer’s granted rights of use require
If the type of utilization does not correspond with the customer’s
information or if the utilization does not correspond with the customer’s
information on the actual utilization, the agreement for utilization
will be regarded as not given and the agency is released from entitlements
of third parties; in any other case the regulations of section E of
these business terms will be applied to such cases.
The delivered or offered picture /the offered picture data may not
be changed or worked upon in any way without previous written agreement
by the agency.
Supplied analogous picture material always remains the property of
the agency /originator. It will only be made available for a certain
period and for the acquisition of utilization rights based on the
copyright. A corresponding regulation is valid for digital picture
material, respectively for picture data provided to the user.
Picture material on which the customer does not want to acquire utilization
rights or has not acquired them must be returned within the period
stated on the delivery note (if analogous material is concerned),
with excess of the lending term blocking costs according to column
E of these general business terms will result. In case of non-acquisition
of utilization rights on digital picture material the electronic
picture data are to be deleted immediately.
The picture to which the customer has acquired utilization rights
and/or has stated his intention for usage, has to be returned within
90 days after receipt (for analogous material), no matter whether the
customer has used it or not. As regards to digital material an appropriate
period for deletion of likewise 90 days is applicable.
All pictures supplied are subject to administrative charges and postage
and packing according to the type and extent of costs incurred. In
addition, we charge for the obtaining of third party material and
information commissions or information fees according to the type
and extent of costs incurred; this applies likewise for the procurement
of corresponding digital picture material or suitable electronic
picture data. A balancing with possible utilization fees is ruled
out. With the payment of administrative charges, the customer acquires
neither utilization nor ownership rights (See in addition column
Through the payment of compensation and/or a penalty calculated on
the basis of these contractual terms according to column E, the customer
acquires neither ownership nor utilization rights of the picture material.
Any utilization of our picture material is subject to royalties. This
applies also to the utilization of a picture as a model for drawings,
caricatures, postpositive photos or layout purposes and presentations
for customers as well as when utilizing picture details for new pictures
developed with montage, photo composing, electronic picture carriers
or similar techniques.
Fees must be agreed upon before utilization. They relate to the media,
type and extent of utilization which must be declared before utilization.
If the customer does not inquire about charges or if no charges are
agreed, the respective valid charges of the agency will apply; beyond
that the standard rates of the German tariff commission MFM (Mittelstandsgemeinschaft
Foto-Marketing) in their latest published version will be considered
as valid basis for each fee-calculation.
All charges stated in offers, price lists or other documents are calculated
without VAT and artist’s welfare/ social security contributions.
Any charges and cost calculations are to be paid to the agency within
one week after invoice without any deductions.
Photos involving photographic models, aerial photos, underwater photos,
expedition photos and other photos made under exceptional circumstances
and costs are always subject to an additional charge based on the
basic fee and the respective utilization purpose.
Fees apply only for one utilization and for the purpose, extent and
language area announced. Any further use requires new charges and
our written approval in advance. In case of non permitted usage and/or
the passing on of our picture material to others penalties according
to column E.1. of these general business terms will come into effect.
If an illustrated object (such as a book, a record sleeve, a CD-Cover,
a DVD cover, a brochure or the like) is depicted in a new medium
and is still recognizable from its photo-content, a fee must be paid
for the photo depicted in it in addition to the fee paid for the
utilization rights of the same photo in the original context of usage.
This applies in particular to any usage in advertising. The user must
inform the agency on the new utilization and seek written agreement
for this utilization in advance, otherwise the penalties according
to column E .1. of these general business terms will be applied.
Exclusive rights or required limitations of further circulation and
usage on the side of the agency must be agreed upon separately and
a minimum additional charge of 100% on top of the basic fee is payable.
The compilation of a choice of analogous pictures is charged with a
handling fee which depends on the quality and amount of work involved,
but will always amount to a minimum of € 30.-. Charges for scans
and data transfer are calculated according to the arrangement between
ordering customer and agency. Intensive research and additional procurement
of pictures require additional handling charges, which depend upon
the invested amount of work.
The customer is liable to pay postage, aerial freight and courier
costs; the same applies to photographic and repro-technical expenses.
As soon as the customer has given notice that he wants to use the picture
material which he has received by post, courier or by means of an
electronic transfer, the agency is entitled to charge the fees, even
if the publication or other intended use has not yet been realized.
If the planned publication or intended use does not take place, any
fees already paid cannot be reimbursed / reclaimed.
Payments of fees must always be made by stating the customer number,
photo number (guide number) and the name of the originator. Without
this information, an additional administrative fee must be paid subject
to the extent of the additional costs.
In addition, when settling the account the customer must state in detail
which photo was used
in which publication and in which place.
C. Limitation of disposal, liability, utilization rights and copyright.
All picture documents must be treated as originals. On principle, only
the utilization right of the photographic copyright will be transferred.
This applies in particular to picture documents which, based on the
content of the picture, are subject to another copyright (for example,
pieces of fine and performing arts). Fees for further utilization
rights and permission for publication from collections, museums etc.
must be paid or obtained by the user.
The distortion of the piece (photo) protected by copyright through
copying, re-photographing, photocomposing or by using other electronic
aids is not permitted. Exceptions are subject to a special agreement.
Usages which are contradictory to the innate message of the picture,
falsifications/changes in picture and word as well as usages which
might lead to a disparagement of illustrated persons are not permitted
and make the user liable to pay damages; furthermore in such cases
the user is obliged to keep the agency free from any claim from the
injured persons and/or involved third parties.
The passing on of the picture material or of electronically transferred
picture data or the passing on of reprinting rights to third parties
is not permitted (See in addition column B.4). In addition, slide
duplication and the production of inter-negatives, reproductions
and enlargements for the customer’s archives as well as the
storage of electronic picture data and the passing on of these to
third parties is not permitted. Exceptions are subject to a special
agreement and require our written approval. The customer is obliged
to inform us whether and to what extent he has duplicated, stored
data of pictures or other lay-outs and copies for his own archival
The user is obliged to observe the journalistic principles of the German
Press Council (Press Code). The user or customer is responsible for
his text. We are not liable for infringements of the general personal
right of pictured persons or the copyright of the originator caused
by a non-agreed or distorting utilization of the picture and / or
text. If such rights are violated, the user alone is obliged to pay
compensation to third parties.
The publication of photos of well-known personalities is only permitted
for editorial purposes and by stating their names; any entitled interest
of the pictured person in the sense of § 23 Abs. 2 Kunsturhebergesetz
(German law regulating art and copyright questions) which might hinder
such publications is to be considered by the user of the images.
We explicitly reserve the right to transfer secondary rights to utilization
companies and do not acknowledge clauses which rule out the exploitation
of further rights after acceptance of a fee with the exception of
cases in which the ordering customer/user was granted the exclusive
right for the concerned pictorial material.
The postage risk for the return of analogous picture material is borne
by the sender due to the legal relationship of a loan which is underlying
this transaction. Costs and risks for the complete and correct return
and for unsuitable or inadequate packaging are borne by the customer
who is obliged to pay compensation in the case of loss or damage
even if the return to the picture agency has been made by a third
party commissioned by the customer (§ 278 BGB); concerning the
payment of damages which can be carried out in such a case, the regulations
in column E4. relating to these general business terms will be applied
. If picture masks and labeling are missing, the consignment is regarded
as incomplete and possible administrative costs must be met by the
D. Copyright / voucher copy
Based on § 13 UrhG (Copyright) we require that the agency procuring
the picture material and the originator are named explicitly, i.e.
in such a way that no doubt may arise over the assignment of the respective
picture. Summaries are only sufficient if they clearly assign the picture
to the agency and originator. The user will release the agency from
entitlements of third parties resulting from the omission of copyright
notes referring to author and/or agency.
As long as no special agreement has been concluded, point 1 will also
apply to advertising, insertions in TV programs, movies or other
According to § 25 VerlagsG. (Publishing Act), a minimum of two
complete copies of publications must, free of charge and without being
asked for, be submitted to us during the print-run.
E. Conventional penalty / Flat rate compensation
(compare also with E in the appendix)
In case of unauthorized utilization, distortion or passing on of our
picture material or unauthorized passing on of reprinting rights
to third parties as well as unauthorized production of slide duplications,
internegatives, reproductions and enlargements, and the production
of copies from digital data material or physical presentations of
the picture contents contained in the digital material for the customer’s
archives or passing on of these to third parties and for the case
that the customer has failed to delete the data after usage as it
is foreseen in this contract, a minimum charge of five times the
usual basic utilization fee is agreed respectively five times the
fee which would be due according to the latest published version
of the royalty recommendations of the MFM. In addition we reserve
the right to demand compensation.
If no labeling of the originator and/or agency was made we are entitled
to charge an additional fee of 100% of the respective utilization fee
plus possible administration costs incurred.
If the material is returned after the charge-free deadline agreed,
blocking costs will, in accordance with E, point 1 in the appendix,
be charged for utilized pictures. For longer continuing blocking
periods such blocking costs are limited to the loss value of the
respective pictorial material according to appendix E2c
This applies also for offers made without obligation as long as the
receiver of the consignment is a permanent user of picture material
offered free of charge (in constant business relation).
According to E, point 1 in the appendix, so-called blocking-charges
must, in addition to the utilization fee, be paid if the picture material,
of which the user has acquired utilization rights and/or which he has
announced the intent to do so, has not been returned within 90 days
In accordance with the graduation stipulated under E, point 2 in the
appendix, compensation must be paid for damaged or unreturned analogous
picture copies. The respective amounts for each analogous picture
stipulated in the graduation are regarded as agreed. The picture
agency has no obligation to prove individual damages. Compensation
will be calculated based on the lapse of further utilization opportunities.
The customer may prove that the damage was lower than calculated.
Moreover, we reserve the right to claim additional compensation and
blocking costs (in case of damage or loss, up to the amount of compensation).
Spare duplicates or scanned picture data or stored electronic data
or replacing material produced in any other way by the customer who
is liable for damage compensation, will not be accepted.
If analogous picture copies reported as lost are found and returned
within one year we will reimburse one third of compensation, whereas
blocking costs which are due at the time of return of the picture
remain due, respectively will not be refunded if they have been paid.
F. Conditions of payment, place of jurisdiction, other matters
Our invoices are to be paid within 30 days after receipt without
any deductions; at the expiration of this term we charge an accumulated
interest at the rate of 5% above usual German interest rates according
to § 288 Abs. 1 BGB (German Civil Code).
As long as both sides are qualified merchants, the place of jurisdiction
and performance is Hamburg.
For any supplies abroad (via post, courier or data-transfer) German
Should one paragraph of these supply and business terms be invalid,
the validity of the remaining paragraphs and contract as a whole
Appendix to E (Conventional penalty / flat rate compensation)
Blocking costs for each analogous picture and day after the deadline
has been exceeded:
- colour slides, colour prints and colour negatives
- black and white prints
Flat rate compensation in case of damage, destruction/loss of colour
slides, colour prints, negatives (i.e. of any original picture material)
a) in the case of minor damage allowing further
b) in the case of serious damage allowing limited
c) loss / destruction:
slides up to 6 x 9
slides 9 x 12 and 13 x 18
slides 18 x 24
Layout, Fees per picture
Pretest, Fees per picture
Data transfer for digital deliveries / Download
1st - 3rd picture, per picture:
4 pictures and more, per picture
Terms as stated in July 2005