GTC

General terms and conditions of delivery and business


I. General information
1. the following general terms and conditions of delivery and business (hereinafter referred to as GTC) shall apply to all orders, offers, deliveries and services performed by the photographer.
2. they shall be deemed to have been agreed upon when the customer accepts the photographer's delivery or service or offer, but no later than when the photographic material is accepted for publication.
3. if the customer wishes to object to the general terms and conditions, this must be declared in writing within three working days. Any deviating terms and conditions of the customer are hereby rejected. Deviating terms and conditions of the customer shall not be valid unless the photographer accepts them in writing.
4. the terms and conditions apply in the context of an ongoing business relationship even without express inclusion for all future orders, offers, deliveries and services of the photographer.


II. Surrendered graphical material
1. the GTCs apply to all photographic material provided to the customer, regardless of the stage of creation or technical form in which it is available. They also apply in particular to electronic or digitally transmitted photographic material.
2. the customer acknowledges that the photographic material supplied by the photographer is copyright-protected photographic work within the meaning of § 2 (1) no. 5 of the German Copyright Act.
3. design proposals or concepts commissioned by the customer are independent services which are to be remunerated.
4. the photographic material made available shall remain the property of the photographer, even in the event that compensation is paid for it.
5. the customer shall treat the photographic material with due care and attention and may only pass it on to third parties for internal business purposes of viewing, selection and technical processing.
6. complaints concerning the content of the delivered consignment or the content, quality or condition of the photographic material shall be notified within 48 hours of receipt. Otherwise, the photographic material shall be deemed to have been received properly, in accordance with the contract and as recorded.


III. Rights of use
1. the customer acquires in principle only a simple right of use for single use.
2. exclusive rights of use, media-related or spatial exclusive rights or blocking periods must be agreed separately and require a surcharge of at least 100% on the respective basic fee.
3. upon delivery, only the right of use shall be transferred for the one-time use of the photographic material for the purpose specified by the customer and in the publication and in the medium or data carrier which the customer has specified or which results from the circumstances of the order. In case of doubt, the object (newspaper, magazine, etc.) for which the photographic material has been made available as evidenced by the delivery bill or shipping address shall be decisive.
4. any use, exploitation, reproduction, distribution or publication beyond the scope of item 3. is subject to a fee and requires the photographer's prior express consent. This applies in particular to:
* a secondary use or secondary publication, in particular in anthologies, product-accompanying brochures, in advertising measures or other reprints,
* any editing, modification or redesign of the image material,
* the digitalisation, storage or duplication of the photographic material on data carriers of any kind (e.g. magnetic, optical, magneto-optical or electronic carrier media such as CD-ROM, CDi, floppy disks, hard disks, main memory, microfilm, etc.), provided that this does not only serve the technical processing of the photographic material in accordance with Section III 3 GTC,
* any duplication or use of the image data on CD-ROM, CDi, floppy disks or similar data carriers
* any recording or reproduction of the image data on the Internet or in online databases or in other electronic archives (also insofar as these are internal electronic archives of the customer),
* the passing on of the digitalized picture material by way of remote data transmission or on data carriers which are suitable for public reproduction on screens or for the production of hard copies.
5. alterations to the photographic material by means of photo-composing, mounting or electronic aids for the production of a new copyright work shall only be permitted with the photographer's prior written consent and only if marked with [M]. Nor may the photographic material be copied, re-photographed or otherwise used as a motif.
6. the customer shall not be entitled to transfer the rights of use granted to it in whole or in part to third parties, including other groups or subsidiaries.
7. any use, reproduction or transfer of the photographic material shall only be permitted provided that the copyright notice specified by the photographer is affixed in such a way that it can be clearly allocated to the respective image.


IV. Liability
The photographer does not assume any liability for the violation of rights of depicted persons or objects unless an appropriately signed release form is enclosed. The acquisition of rights of use beyond the photographic copyright as well as the obtaining of publication permissions from collections, museums, etc. is the responsibility of the customer. The customer shall be responsible for the text and the context of meaning resulting from the specific publication.


V. Fees
1. the agreed fee applies. If no fee has been agreed upon, it is determined by the current picture fee overview of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee is understood to be exclusive of the applicable value added tax.
2. the fee shall only apply for the one-time use of the photographic material for the agreed purpose in accordance with Section III 3. or 2. of the General Terms and Conditions. If the fee is also intended for further use, this must be agreed in writing.
3. costs and expenses incurred by the order (e.g. material and laboratory costs, model fees, costs for necessary props, travel costs, necessary expenses, etc.) are not included in the fee and shall be borne by the customer.
4. the fee according to IV. 1 GTC shall be paid in full even if the commissioned and delivered photographic material is not published. If the photographs are used as a working model for layout and presentation purposes, a fee of at least € 50.00 per photograph shall be payable, unless otherwise agreed.
5. a set-off or the exercise of the right of retention is only permitted against undisputed or legally binding claims of the customer. Furthermore, the offsetting of disputed but decision-ready counterclaims is also permitted.


VI. return of the image material
1. the photographic material shall be returned in the form in which it was supplied without being asked immediately after publication or the agreed use, but no later than 3 months after the delivery date; two specimen copies shall be enclosed. An extension of the 3-month period shall require the Photographer's written consent.
2. if the photographer provides photographic material at the customer's request or with the customer's consent solely for the purpose of examining whether such use or publication is possible, the customer shall return the photographic material within one month of receipt at the latest, unless a different period is stated on the delivery bill. An extension of this period shall only be effective if confirmed in writing by the photographer.
3. the customer shall return the photographic material at its own expense in packaging customary in the industry. The customer shall bear the risk of loss or damage during transport until the photographic material reaches the photographer.



VII. contractual penalty, blocking, damages
1. in the event of any unauthorized use, utilization, reproduction or transfer of the photographic material (without the Photographer's consent), a contractual penalty amounting to five times the usage fee shall be payable for each individual case, subject to further claims for damages.
2. if the copyright notice is omitted, incomplete, incorrectly placed or unassignable, a surcharge of 100% of the usage fee shall be payable.
3. if the photographic material is not returned on time (blocking), a contractual penalty shall be payable for the period after expiry of the deadlines set out in Clause V.1.or 2 in the amount of
* € 0.25 per day and image for b/w or color prints or slide duplicates
* € 1.00 per day and picture for slides, negatives or other unique specimens.
4. for damaged, destroyed or lost photographic material, compensation shall be paid without the photographer having to prove the amount of damage in the amount of
* € 40.00 per b/w or color print or KB slide duplicate
* € 125.00 per medium or large format slide duplicate
* € 250,00 per slide original, negative or other unique specimen
* € 500.00 per non-reproducible slide, negative or other unique specimen.
In case of damage, the rates are to be reduced according to the degree of damage and the extent of further use. Both contracting parties reserve the right to prove that a higher or lower damage or no damage at all has occurred.
5. if a specimen copy is missing or in the event of invoicing without a specimen copy or in the event of invoicing without stating which picture has been used at which place in which publication, a contractual penalty amounting to 50% of the usage fee shall be payable.
6. no rights of use shall be established by the payments provided for in Section VII.


VIII.

1. the law of the Federal Republic of Germany shall be deemed agreed, even in the case of deliveries abroad.
2. collateral agreements to the contract or to these general terms and conditions must be in writing to be effective.
3. the possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that corresponds to the meaning of the invalid provision and which comes as close as possible to the intended provision in economic and legal terms.
4. place of performance and jurisdiction is, if the customer is a registered trader, the residence of the photographer.
Rainer Jahns, photo journalist, Posthalterweg 1, 83259 Schleching
Phone 08649-3856009- Fax 08649-3858025- E-Mail info@rainerjahns.de