Licensing

We offer two types of licensing: Single Use and Extended .

Our standard single-use license allows you to use the purchased media in one design for purely private use. Please also note the terms and conditions.

Our Extended License is exclusively for business use. Please contact us directly for a customized quote.

General terms and conditions of business

1. General

a. All offers, deliveries, electronic transmissions, and the granting of usage rights are non-binding and subject to the following conditions. Deviating conditions and special agreements must be made in writing.

b. Complaints relating to the content of the electronic transmission or the shipment will only be accepted if they are made immediately upon receipt.

c. Any differing terms and conditions of the buyer are only valid if confirmed by us. We hereby object to any terms and conditions of the buyer stated on order forms, delivery confirmations, or similar documents.

d. Complaints relating to the content of the shipment must be reported by telephone within 48 hours of receipt and in writing within one week of receipt. This also applies to the quality of the images. If an immediate complaint is not made, we accept no responsibility for any costs that may be incurred.

e. The customer must specify the intended use of the images on the order form, but no later than before the images are technically used. We grant our consent to the use of the supplied image material based on the customer's specifications. If the customer's specifications do not correspond to the intended use, the usage agreement is considered invalid, and we are indemnified against any third-party usage rights.

f. All delivered or electronically transmitted image material remains our property at all times. It is merely provided for the acquisition of temporary usage rights in accordance with copyright law. The type of use specified on the delivery note within the stated period must be strictly adhered to, unless other arrangements have been agreed upon in writing beforehand.

2. Fees / Charges

a. Any use of our image material is subject to a fee. This also applies to the use of an image in an online publication or on CD-ROM, for use as a template for a drawing, caricature, re-enacted photographs, for use for layout purposes and customer presentations, as well as for the use of image details that become part of a new sculpture through montage, photo-compositing, electronic image carriers, etc.

b. Fees must be agreed upon before use. They depend on the medium, type, and scope of use, which must be communicated to us. If the client does not request a price quote, the currently applicable fee will be charged automatically. If the client does not provide any further details, we are entitled to charge a flat fee. Otherwise, the current guidelines of the German Association of Medium-Sized Businesses in Photo Marketing (Mittelstandsgemeinschaft Foto Marketing) apply to the calculation of fees.

c. All fees quoted in offers, price lists and other documents are net prices, excluding VAT and social security contributions for artists.

d. The fees apply to individual publication under the stated general terms and conditions and only to the first edition, unless otherwise formally agreed. They apply only to one-time use for the stated purpose, scope, and language area. Any further use is subject to a fee and requires our prior written consent.

e. If an illustrated object (such as a book, CD cover, flyer, etc.) is reproduced in a new medium, a new fee is payable for the recognizable photographic subject. This applies regardless of any previously paid usage rights for the same image in its original context. This is particularly relevant for advertising purposes. The user must inform us of the new type of use and obtain our permission for it.

f. In the event of unauthorized use or distribution of our image material, a minimum fee will be charged, which is twice the usual usage fee, without prejudice to further claims for damages.

g. Exclusive usage rights or embargo periods must be agreed upon separately and a minimum surcharge of 100% of the general usage fee will be charged.

h. Payments are due no later than three months after the customer has specified the type of use, even if publication or further use has not yet taken place.

i. Images accepted for publication will be made available for 90 days after delivery without any blocking fees. Exceptions must be discussed on a case-by-case basis.

j. If a planned publication or other use does not take place, a fee already paid will not be refunded.

3. Restrictions on regulation, liability, exploitation rights and copyright

a. All artworks suitable for photography must be treated as originals. Generally, only the right to use the photographic copyright is transferred. This applies in particular to artworks photographed by camera that are subject to further copyright due to their content (e.g., certain works of architecture and art). Obtaining the necessary permissions for publication from artists, collections, museums, etc., is the responsibility of the user. The photographs are provided by us for use under conventional rights and must be returned immediately after use or deleted from electronic storage. The contractually agreed rights apply only to one-time use within the agreed-upon scope. Repetitions or other extensions of the originally granted rights of use are only permitted with our prior written consent. In particular, our prior consent must be obtained for any planned commercial use of the image material. If personal rights could be infringed during commercial use, the client is responsible for obtaining the consent of the person depicted. If a claim for damages arises due to failure to obtain the consent of the injured party, the customer shall indemnify us against such claims. Our consent to the transfer of rights of use is not dispensable even if the transfer occurs in the course of the sale of a company or the sale of parts of a company (Section 34 Paragraph 3 of the German Copyright Act); this clause is to be regarded as a special agreement pursuant to Section 34 Paragraph 3 of the German Copyright Act.

b. Distortion of copyrighted works by means of cropping, imitation, photo-compositing, or electronic means is not permitted. Exceptions require a separate agreement. In case of infringement, we are entitled to charge five times the general fee according to the guidelines of the German Association of Medium-Sized Businesses in the Photo Marketing Sector, or the originally agreed-upon fee, for the type of use. Uses that are inconsistent with the intended purpose or distort the image or text, as well as uses that could lead to the denigration of a depicted person, are prohibited. This obligates the user to pay full damages.

c. The production of slides from digital image material, the duplication of slides and internegatives, reproductions, enlargements, and electronic storage of image data for the client's archiving purposes, as well as the transfer to third parties, is not permitted. Exceptions require our written consent. In case of infringement, we are entitled to charge damages of €1000. We reserve the right to charge a higher amount of compensation in individual cases.

d. The buyer is obligated to inform us without being asked whether and to what extent copies have been made, other templates created for their own archiving purposes, or digital data of our photographs stored without our consent. All copies, etc., made with or without our consent, must be returned after use.

e. The user is obligated to comply with the publication principles of the German Press Council. The user or commissioning party is responsible for ensuring the written form. We assume no liability for violations of general personal rights or copyright due to immoral or distorted use of images and text. In the event of such infringement, the user alone is liable for damages to third parties.

f. We cannot accept liability for damages arising from the use of our images. In any case, the person responsible for the respective printed material or other medium bears full responsibility. This also includes the right to one's own image and the use of the transmitted image material for commercial purposes without first obtaining our consent regarding the infringement of the personal rights of any person depicted.

g. In the event of the transfer of image material or reproduction rights to third parties, a separate contract with us is required.

h. In particular, we reserve the right to transfer secondary rights to collecting societies and do not accept clauses stating that the exercise of further rights is excluded upon acceptance of a fee.

i. The buyer is liable to us until the images arrive in perfect condition, even if the buyer passes the photographs on to a third party. This also applies if we send the images to a third party at the buyer's request.

4. Copyright, complimentary copy

a. We require, in particular, a copyright notice referencing Section 13 of the Copyright Act. This notice must be issued in such a way as to leave no doubt as to its attribution to the respective image. Collective image credits are only accepted if attribution to the respective image is unambiguous. Furthermore, the invoice must specify precisely which image was used in which publication and where. If no credit note is issued, we are entitled to compensation in the form of a 100% surcharge on the respective usage fee, plus any applicable processing fees. The client shall indemnify us against any third-party claims arising from the omission of copyright notices.

b. The right to offset cannot be satisfied by an increased fee.

c. This also applies to advertising, inserts in television programs or films or other media, unless specifically agreed otherwise in a separate agreement.

d. Unless otherwise specifically mentioned above, all types of use are subject to the provisions of the German Copyright Act.

e. For every publication in print, at least one complimentary copy must be submitted unsolicited and free of charge in accordance with Section 25 of the Publishing Act. If our images are used electronically in online media, a screenshot with the URL or equivalent proof must be submitted.

5. Online image service

a. Using our image database and online systems is not required. By using them, each user accepts the terms of use.

b. In case of violations of the terms of use, we are obliged to block the user.

6. Payment terms, jurisdiction, other

a. Our invoices are payable net within 30 days.

b. The exclusive place of jurisdiction for both parties is Landshut (Germany), insofar as this is legally permissible. The place of performance is Buch am Erlbach.

c. For deliveries abroad, German law shall apply.

d. Should any provision of these terms be invalid, the validity of the remaining provisions shall not be affected.

For any uses not listed here, or if you have any questions about our licensing, please contact us.