1. Subject matter of contract
The following general terms and conditions of business and delivery (GTC) refer to the granting of rights of use to photographs, graphics, drawings, illustrations, reproductions, videos, etc. (hereinafter referred to as image material) from the agency mutesouvenir.
All image material is protected by copyright. The customer acquires licences, the general ownership remains with the author.
The customer acknowledges that the photographic material is a copyrighted photographic work within the meaning of Section 2, Paragraph 1, Item 5 of the Copyright Act.
The GTC shall also apply to all future deliveries and services of the picture agency mutesouvenir within the framework of an ongoing business relationship, even without express inclusion, unless deviating provisions are expressly made in writing. Any deviating terms and conditions of the customer are hereby rejected.
2. Services
The agency mutesouvenir shall provide the client with image material in digital form and shall grant the client the respective simple right of use for one-time use in return for a fee for use.
The agency mutesouvenir guarantees the client that it is entitled to license the image material at the respective moment.
3. Usage of image material / fees / copyright remark
With the order, the customer must state for what purpose and to what extent (image size, spatial and temporal distribution) he wishes to use the photographic material.
Should these informations be wholly or partially incorrect, it shall apply to the deviating uses that the right of use was not granted for this and that this is an unauthorised use for which compensation can be demanded under certain circumstances, but at least a subsequent fee with a surcharge of 100% on the fees fixed in the MfM fee guidelines for such a use shall apply.
After two instances of deliberate misrepresentation, the customer may be excluded from using the agency mutesouvenir. Rights of use may never be passed on by the customer to third parties unless this has been approved in writing in advance by means of a corresponding agreement.
According to §13 UrhG (Copyright Act), we expressly insist on the naming of the copyright notice in a form that ensures unambiguous attribution of the copyright notice to the respective image. Collective picture credits must also allow for an unequivocal attribution to the respective picture.
If the author is not named, the agency mutesouvenir shall be entitled to levy a surcharge of 100 % on the agreed fee for use.
The user/customer shall indemnify the agency mutesouvenir against any claims by third parties arising from the failure to mention the copyright.
Uses and falsifications in picture and word which are not in line with the tendency as well as uses which could lead to the disparagement of persons depicted are inadmissible and make the user liable for damages.
Alteration/manipulation of the photographic material by means of photocomposing, montage or by electronic means to create a new work protected by copyright is only permitted with the prior written consent of the agency mutesouvenir and only if marked with [M].
Furthermore, the photographic material may not be copied, re-enacted, photographed or otherwise used as a motif. In the event of contravention, the agency mutesouvenir shall be entitled to charge double the fees stated for this purpose in the MfM fee guidelines.
In accordance with § 25 VerlagsG, at least two complete specimen copies of each publication in print (title page only, cover, 1/1 page, double page, high-quality publications...) must be sent to us unsolicited and free of charge.
4. Storage and deletion of the image material
The photographic material may only be stored for the period of the current production or the agreed period of use. After expiry of this period, the visual material and all copies thereof must be deleted from all storage media (including backups). Archiving is not permitted. The requirement to delete and the archiving ban apply in particular to any type of online database or cloud storage.
5. Terms of payment (all countries except Germany)
All information on usage fees in offers, price lists, etc... are net.
Whether value added tax is charged, or at what rate it is charged, depends on the country of the customer's registered office and on the corresponding agreements between the authorities of the countries.
Reminder fees amount to a flat rate of € 20.00.
6. Final provisions
The law of the Federal Republic of Germany shall be deemed agreed - also for deliveries abroad.
Ancillary agreements to these GTC must be made in writing to be effective. The possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the effectiveness of the remaining provisions. The parties (client/agency) undertake to replace the invalid provision with a valid provision that comes closest in economic and legal terms to the originally intended provision.
Place of performance and jurisdiction is Berlin, Germany.
Berlin, 10 April 2021