We provide two types of licensing: One Time Use and Extended.

Our standard One Time Use license permits you to use the purchased media in one design for purely private use. Please also see the terms and conditions.

Our Extended license is purely for the business use. Here please contact us directly for an individual customized quotation.

Terms and conditions

 

1. General

 

a. All offers, deliveries, electronic transfers and the allocation of rights of use are solely subject to confirmation and not exclusive under the following terms and conditions. Variant terms and special agreements have to be agreed on in written format.

b. Complaints applying to the content of the electronic transfer or the consignment are only accepted if they are claimed straight after receiving.

c. Variant terms and conditions of the purchaser are only valid if confirmed by us. Terms and conditions of the purchaser which are stated on order forms, delivery confirmations or the like are herewith contradicted.

d. Complaints applying to the content of the consignment have to be reported by telephone within 48 hours after receiving and in written format within one week after receiving. That also applies to the qualitative condition of the pictorial material. If an immediate complaint was neglected, there won’t be any responsibility on our part for possible incurred costs.

e. The purchaser has to specify on the order the intended type of use of the images or at the latest before the technical use of the images. Accordingly to the specifications of the purchaser we give our approval to the usage of the delivered pictorial material. If the specifications of the purchaser do not correlate to the type of use, then the agreement of usage counts as not granted and we are exempted of the rights of use of a third party.

f. Delivered or electronic transferred pictorial material stays our property at all times. It is only placed at the disposal to purchase temporarily rights of use within the meaning of the copyright. The type of use within the stated period specified on the delivery note has to be strictly adhered unless there were other regulations agreed on in written format in beforehand.

2. Fees

a. Any usage of our pictorial material is subject to a charge. This also applies for the usage of an image in an online-publication or on CD-ROM, for usage as a template for a drawing, caricature, post positioned photographs, for usage of layout purposes and client presentations as well as for the usage of image details which become part of a new sculpture through montage, photocomposing, electronic image carrier or the like.

b. Fees have to be agreed on before usage. They depend on the medium, type and complexity of usage which have to be specified to us. If the purchaser does not do a price enquiry, automatically the currently set fee will be charged. In the case the purchaser does not give specifics, we are entitled to charge a flat-rate fee. Besides for the calculation of the fees the current references of the “Mittelstandsgemeinschaft Foto Marketing” apply.

c. All fees in offers, price lists and other documents are strictly net and do not include VAT and “Künstlersozialversicherungsabgabe”

d. The fees are valid for the single publication for the specified general conditions and only for the first edition unless something else is formally agreed on. They are only valid for the single usage for the specified purpose, the named coverage and the agreed on language area. Every further usage will have to be charged and needs our former approval in written format.

e. If an illustrated object (such as e.g. a book, a CD cover, a flyer etc.) is pictured in a new medium, fees must be paid again for the recognizable photo motive. Independently of already paid rights of use for the same image in the original context of usage. This specifically applies to the usage for the purpose of advertising. The user has to inform us about the new type of use and has to get the permission for the usage from us.

f. In case of unauthorized usage or passing on our pictorial material, a minimum fee will be charged in subject to further compensation demands, which is double the normal usage fee.

g. Exclusive rights of use or blocking periods have to be arranged separately and a minimum surcharge of 100% of the general fee will be charged.

h. Payments are due at the latest three months after the specification of the type of use from the purchaser, even though if the publication or any further usage has not happened yet.

i. Images which are accepted for publishing are made available for 90 days after delivery without charge of blocking costs. Exemptions have to be discussed in a given case.

j. If a planned publication or any other usage does not take place, an already paid fee will not be restored.

3. Decree restriction, Liability, Exploitation right and Copyright

a. All camera-ready art have to be treated as originals. Principally only the right of use of the photographic copyright is transferred. That is the case especially for camera-read art which because of the image content underlie a further copyright (e.g. certain works of architecture and art). The redemption of the further copyrights as well as the impact of approval of publication from artists, collections, museums etc. rests on the user. The photographs are placed at the disposal by us for the conventional right if use and after the usage they are to be returned immediately or deleted from the electronic memory. The contractual acknowledged rights are only valid for the single usage within the agreed dimensions. Repetitions or other amplifications of the original granted rights of use are only permitted with our former agreement in written format. Our former agreement must be obtained especially in the case of planning to use the pictorial material commercially. As far as with the commercial usage personal rights could be hurt, the obtaining of the agreement of the depicted person underlies the purchaser. If it comes to a compensation demand because of not obtaining the agreement by the hurt person, must the purchaser keep us free from compensation demands. Our agreement to transfer rights of use is also then not dispensable if the transfer happened in the course of the total divestment of a company or the divestment of parts of a company (§34 par. 3 copyright law); this clause has to be seen as special agreement according to §34 par. 4 copyright law.

b. Disfiguring of the copyright protected works through delineating, imitate, photocomposing or electronic means is not permitted. Exemptions require a special agreement. In the case of trespassing we are entitled to charge for the type of use five times as much as the general fee according to the references of the “Mittelstandsgemeinschaft Foto Marketing” or the initially agreed fee. Tendency strange usage or disfiguring in form of images or words as well as usage which can lead to degrading of a pictured person is prohibited. This obligates the user to pay all damage.

c. The production of slides made from digital pictorial material, duplication of slides and inter-negatives, reproductions, blow ups and electronic saving of image data for the purpose of archiving of the client as well as passing on to a third party is not permitted. Special cases need our agreement in written format. In the case of trespassing we are entitled to charge a compensation sum of € 1000. It is subject to us to charge a higher compensation sum in a given case.

d. The purchaser is obliged to inform us without incitement if and in what extend duplications were made, miscellaneous templates were created for own archiving purposes or digital data of our photographs were saved without our permission. All created copies etc. with or without our permission have to be returned after using.

e. The user is obliged to regard the publication principals of the German Press Council. The user or purchaser bears the responsibility for the writing. We assume no liability for the damage of general personal rights or the copyright because of immoral usage or usage distorting the meaning in picture and text. In the case of hurting such rights only the user is liable for the damage to the third party.

f. We cannot assume compensation demands which emerge from the usage of our images. The person in charge of the respective printed matter or any other medium bears the entire responsibility in any case. Also that of the right on the own image and at usage of the conveyed pictorial material for commercial purposes without the former obtaining of our agreement with regard to the hurting of personal rights of a pictured person.

g. A separate contract with us is necessary in case of passing on pictorial material or rights of reproduction to a third party.

h. We particular reserve the transfer of second rights to collecting societies and do not accept clauses stating that with acceptance of a fee the appreciation of further rights should be excluded.

i. The purchaser is liable to us until the arrival of the images in sound condition, even though if photographs are passed on to a third party by the purchaser. This also applies if images are sent to a third party by us at the desire of the purchaser.

4. Copyright, Specimen copy

a. We particular demand a copyright mention with reference to §13 Copyright. It hast to be done in a way that there is no doubt in the allocation to the respective image. Collective photo credits are only accepted if an allocation to the respective image is unequivocal possible. Furthermore, it has to be stated exactly in the settlement which image in which publication was used in which place. If we are not credited we are entitled to compensation in form of a surcharge of 100% to the respective usage fee plus possible handling fees. The purchaser has to dispense us from claims of a third party which result from the omission of copyright mentions.

b. The credit right cannot be satisfied through an increased fee.

c. This also applies to advertising, overlay in TV programs or films or other media unless it was particularly agreed on in a special agreement.

d. Insofar previously not specially mentioned, any type of use underlies the settlement of the German copyright law.

e. Every time the publication is in form of a print a minimum of one specimen copy must be submitted unsolicited and without charge according to §25 publishing law. Is the usage of our pictorial material electronic in online-media then a screenshot with mentioning the URL or applicable evidence has to be submitted.

5. Online-Image service

a. An application of using our image database and the online-systems is not necessary. Every user accepts the terms and conditions by using it.

b. In the case of infringement against the terms and conditions, it is subject to us to block the user.

6. Payment terms, Place of jurisdiction, Other

a. Our invoices have to be paid strictly net within 30 days.

b. Place of jurisdiction is for both parts solely Landshut (Germany), to the extent permitted by law. Place of fulfillment is Buch am Erlbach.

c. Including deliveries into foreign countries the German law applies as agreed.

d. Should there be one settlement of these terms and conditions be invalid, then the validity of the other settlements will not be affected.

 

For any uses not listed here, or for questions regarding our licensing please contact us.

Klaus Leidorf in his Cessna 172

Subscribe To Our Newsletter

Join now and receive a 20% sign up reward to spend on your first purchase.

You have Successfully Subscribed!