Terms of Delivery and Business
All offers, deliveries, digital transmissions, and the granting of licenses are non-binding, and not exclusively subject to the following Terms of Business. Any deviating terms of business of the orderer/user shall only be valid upon written confirmation of MuseumStock.
MuseumStock mainly supplies comprehensive services pertaining to the selection of photographic material, detailed documentation, as well as the provision of digitalised image files. The selected photographic material is supplied in the form of high-quality camera-ready copy (also in digitalised form) and detailed documentation. Additionally, MuseumStock shall grant any licenses that could be acquired from photographs or artists upon request of the orderer/user within the frame of specified use. MuseumStock or the author retains ownership of the supplied material. This always applies no matter whether the material was supplied physically or in digital form, and also if the orderer may have obtained it via third parties. Photographic material shall only be supplied temporarily for the acquisition of a license in the meaning of copyright law (cf. number 2) as well as under industrial property and copyright protection law.
Photographic material for which the orderer/user does not want to acquire or did not acquire a license, is to be returned within the period specified on the delivery note, or to be deleted or otherwise destroyed in the digital/electronic memory immediately. Photographic material, for which the orderer/user acquired a license or stated his intended use, is to be returned or deleted when the stated duration of his license expired, any extension of the borrowing or storage period shall be subject to MuseumStock´s express permission.
Complaints in respect of visible defects are to be notified in writing within 7 days of receipt of the photographic material by the orderer/user. Complaints in respect of technical or otherwise hidden defects within 10 days following their discovery. In the absence of complaints, MuseumStock´s liability for any already incurred or still to be incurred costs shall be excluded.
MuseumStock´s Terms of Delivery can only be effectively contradicted at the same day of receipt via e-mail at the firstname.lastname@example.org address together with the sent confirmation and upon binding declaration that the downloaded or transmitted data were completely deleted, and neither transmitted or otherwise stored, printed or used.
The orderer/user is to fully specify the extent, type, range of application, and duration of the intended use when ordering prior to using the pictures. The permission of use granted by MuseumStock is to refer exclusively to the details provided by the orderer/user, and is only valid if provided in writing. If actual use does not match the orderer/user details, the permission of use shall be deemed not to have been granted.
As a matter of principle, a simple and non-exclusive license to use the copyright of the photographer who produced the photographic material shall be granted according to the time, location, and content specified in the delivery note or on the invoice, provided nothing to the contrary was agreed, like e.g. in those cases in which only one piece of artwork is supplied. The license shall be granted subject to the condition precedent of full payment of the fees.
Digital or electronic processing of the photographic material within the frame of the contractually agreed electronic retrieval is only permitted for the orderer´s/user´s own use. Photographic material may only be stored during lawful use and is then to be deleted immediately. Any distribution is prohibited.
Any electronic storage or processing of image files for archiving - or other - purposes of the orderer/user, as well as distribution of the same to third parties outside work production, is not permitted. Likewise, slide duplications, the production of Internet negatives, reproductions, and enlargements, are not permitted. Distribution of the photographic material or distribution of copyrights to third parties or other editorial departments of a publishing company, or to group affiliated companies, is only permitted upon prior written permission of MuseumStock.
The photographic material may only be used in the original version supplied. Processing is not permitted without MuseumStock´s prior written permission. Digital post-production or processing is excepted as long as the picture content is not modified. The orderer/user shall be solely responsible for any post-production of color and quality-controlled image files, especially originating from art copyrighted authors. In the case of copyrighted works, any authorization of MuseumStock сan not replace other right holders necessary permission.
For images whose contents affect other copyrights (e.g. in case of pictured works of fine arts, performing and visual arts that still fall within the protection period prescribed by copyright law), the according license, as well as other publication authorizations (e.g. from author, collections, museums, copyright collecting societies, etc.) are to be obtained by the user himself.
MuseumStock reserves the right to expressly grant other rights (e.g. to copyright collecting societies), and does not acknowledge any clauses according to which the assertion of other rights is to be excluded (like e.g. exclusive right clauses) upon collection of a fee.
MuseumStock shall undertake every effort to inform the orderer/user about any further owners of rights upon request, yet without obligation. The liability of MuseumStock in connection with such information is excluded insofar as MuseumStock did not act with intent or in gross negligence.
Any order, use, and purchase of MuseumStock photographic material, whether for mere internal selection or for publication purposes, is subject to payment of a fee as described in the following:
MuseumStock reserves the right to charge a fee in case of electronic retrieval and printout of its copy, even without further use thereof. This especially applies to the provision of high-resolution picture data without visible water marking.
Fee for any picture (electronic/digital) transmission are charged by MuseumStock fee depending on type and extent of the incurred expenses, which can be found in MuseumStock current price list. Upon payment of this documentation fee, the orderer/user shall neither acquire license nor ownership rights.
Picture fee/fee for the granting of a license to use photographic material
Fees are also due when using pictures as material for downstream photos, caricatures, drawings, in case of use for layout purposes and customer presentations, as well as upon use of picture details that become an essential part of a new picture through montages, picture composing, electronic picture carriers or similar technologies.
If a pictured object (like e.g. DVD cover, volume, prospect, etc.) appears in a new media, the recognizable picture motive shall thus be subject to new fees, notwithstanding any already paid licenses for the same picture in an original use context. This especially applies if it is used for advertising purposes. Such use may only take place upon the express prior written permission of MuseumStock. MuseumStock is to be informed on the exact intended use and its extent.
Picture fees are to be agreed in advance with MuseumStock. They are dependent on medium, type, extent, and duration of use. If the orderer did not enquire about fees or if no other fee agreement was made, MuseumStock will automatically apply its current scale of fees.
Fees only apply to single use for the indicated purpose, period, extent, and scope of application. Any further use is subject to further fees and always requires prior written permission of MuseumStock.
The user has to inform MuseumStock about the publication in which the photographic material is to be used. If these details are not available or incorrect, an additional expense fee based on the extent of the additional expense is charged.
With regard to § 13 Copyright Act, MuseumStock explicitly requests an agency and copyright notice to prevent any doubts concerning the allocation of the respective picture. Collective pictures may thus only be used insofar as they make it possible to allocate a picture without a doubt. This also applies to use in advertising or in case of spots in films or TV programmes or other (also digital) media if no explicit special agreement was made.
Under § 25 Publishing Act, at least two unrequested complete complimentary copies of each publication in print are to be sent to MuseumStock free of charge. Written information is to be provided on all other uses upon indication of the exact source (publication, page number, on the Internet: domain, heading).
In case of electronic/digital processing of the photographic material, the agency and copyright notice is to be linked with the image data in such a way that details are also retained in case of transmission and public distribution.
The orderer/user shall be liable towards MuseumStock for any unauthorized or right-infringing use of the photographic material, especially in case of unauthorized distribution, exceeding agreed intended use or extent of use, missing agency/copyright notice or distortion.
The orderer/user shall be liable for the deletion of the digital/electronic image data following use/work production and in case of non-use.
The orderer/user is to observe the publication basic principles of the German Press Council (Press Code). He is also liable for any falsifications in image and word, texts, distortions of copyrighted works, especially through signing, subsequently photographing, photo composing or electronic ads, as well as any uses that may result in the degradation of pictured persons or violate general personality rights. This especially applies to any use of image and text contrary to agreement or any distortion of meaning.
The orderer/user shall relieve MuseumStock of all third-party claims in the event of third party right infringement (cf. esp. numbers 2.6; 5.3).
MuseumStock shall not accept liability for any damage incurred by the orderer/user as a result of third-party owner asserting claims, unless MuseumStock expresly made an according written release statement, or caused the damage intentionally or by gross negligence. The general release statement granted by MuseumStock with regard to such rights as assumed by MuseumStock, does not expressly include the assurance that pictured persons or other right owners of pictured copyrighted objects had consented to the orderer´s/user´s use.
In case of unauthorized use (especially also when exceeding the agreed scope of use), distribution, or distortion of MuseumStock photographic material in analog or digital/electronic form, in case of unauthorized distribution of copyrights to third parties, in case of unauthorized production of slide duplicates, Internet negatives, reproductions and enlargements for archiving purposes of the orderer/user (also in digital/electronic form), as well as in case of distribution to the same third parties, MuseumStock shall demand damages as are customary in the industry subject to payment of usual usage fees (e.g. on the basis of the picture fees determined by the Photo marketing SME Community or the MuseumStock price list).
In the absence of a notification on utilization, MuseumStock shall charge a fee for media control and a surcharge of 200% for unauthorized use on the fees to be calculated according to the MuseumStock price list.
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