FOTOFINDER - Terms of Business

COPYRIGHT NOTICE

All photographs appearing in the FOTOFINDER site are the property of Fotofinder GmbH, the photographers and the associated agencies, and are protected under German, US-American, and international copyright laws. The photographs may not be used, reproduced, stored, or manipulated without the permission of Fotofinder GmbH and / or the rightsholder.

FOTOFINDER Website Terms and Conditions of Use

General Conditions
Legal position of customer (user) and copyright holder (author)
Third party-rights
Fees
Limitation of Disposal, Liability, Utilization and Copyright Laws
Copyright
Voucher Copy
Account security and liability
Conditions of Payments, Place of Jurisdiction, Miscellaneous

General Conditions

The following terms and conditions apply to all customers outside Germany, Switzerland and Austria.
Fotofinder GmbH conveys digital photo data-files to professional customers for use in books, press and digital media and for inclusion in film and television projects (editorial usage) as well as for commercial usage.

Any commercial usage of digital images requires permission of the agency or copyright holder (author), before publication.

The customer must pay a royalty fee to the copyright holder for each and every usage of a digital image. The level of the fee will be determined by the nature of the usage in each case.

Non-authorised usage gives rise to claims for compensatory damages from the applicable General Terms and Conditions of the author.

All offers, consignments, electronic transmissions as well as the allocation of rights of utilization (licencing) are exclusively provisional and not excluding the following standard conditions of contract.

Varying terms of contract of customers are only applicable if confirmed in writing from Fotofinder GmbH or the rightsholder. Contract terms of the customer, printed on order forms, delivery confirmations or other documents are hereby declared inapplicable.

The customer must declare the intended use of our pictures before licencing, at the latest, prior to technical utilization. According to the customers declaration, Fotofinder GmbH / and or the rightsholder will grant permission for utilization of the delivered photographic materials.

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Legal position of customer (user) and copyright holder (author)

With the transfer of a photo data-file the user receives neither ownership nor any other rights to the digital image. The user is permitted to only use the digital image within the terms of the royalty agreement concluded between the user and the author. Non-authorised usage gives rises to claims for compensatory damages from the applicable General Terms and Conditions of the author.

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Third party-rights

Fotofinder GmbH and the photographers and agencies represented by it accept no liability for cases of unauthorised publication of photographic material giving rise to infringement of third-party rights (personal rights, copyrights or artistic works, proprietary rights and other resale rights). To avoid claims for compensatory damages, it is recommended in cases where doubt exists (advertising, commercial usage etc.) to obtain permission prior to publication.

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Fees

a) Royalty Fees
All utilization of our photographic materials are subject to fees. Fees have to be agreed prior to utilization and are dependent on the type of media as well as the type and extent of utilization, which has to be declared to the agency or copyright holder (photographer) in advance. All fees in offers, price lists and other documents are always without VAT and contributions to the social security for artists. Fees are only applicable for a single utilization of a declared purpose mentioned extent and agreed language area. Further utilization is subject to prior written permission and renewed fees. If an illustrated object (e.g. a book, CD-cover, brochure etc.) is displayed in a new media, an additional fee is payable for the displayed photographic motive, regardless of the fee already paid for the utilization rights of the same picture in connection with the original use of the photographic material. This applies particularly to utilization for advertising purposes. The user must inform the copyright holder about the new utilization and needs a further permission to utilization. Non-authorised usage gives rise to claim for compensatory damages in the five-fold amount of the agreed fees or standard fees which are usual in the market, as far as there is no other indication in the General Terms and Conditions of the copyright holder.

b) Fees for data transfer
Some of the agencies and photographers charge different download fees that are indicated before the download. These download fees will not be charged by Fotofinder GmbH but will be invoiced directly from the agency or photographer concerned. Price List

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Limitation of Disposal, Liability, Utilization and Copyright Laws

All images should be treated like originals. In principle, only the utilization right of the copyright is transfered. Fotofinder GmbH and the photographers and agencies represented by it accept no liability for cases of unauthorised publication of photographic material giving rise to infringement of third-party rights (personal rights, copyrights of artistic works, proprietary rights and other resale rights).

To avoid claims for compensatory damages, it is recommended in cases where doubt exists (advertising etc.) to obtain permission prior to publication. The photos supplied by Fotofinder GmbH can only be utilized as stipulated in licence-agreement before download. The rights stipulated in the licence agreement are valid in the agreed extent only for a single utilization. Repetitions or other extensions of the initially permitted utilization are subject to our prior permission. Our prior permission has to be obtained particularly in the case of an intended utilization of our photographic material for advertising purposes.

If during a utilization in advertising personal rights of a portrayed person are effected, the obtaining of permission from the portrayed person lies within the responsibility of the utilizer. If because permission is not obtained, compensation claims of the portrayed person arise, Fotofinder GmbH is not liable. Trend-strange utilization and distortions of pictures or tone as well as utilizations which could lead to the disparagment of portrayed persons, are not permitted and lead to compensation claims against the utilizer.

If these terms are violated, the agency or copyright holder is authorized to charge a compensation fee of up to Euro 500 but has the right to claim in particular cases higher compensation.

The utilizer ist obliged to observe journalistic guidelines and ethics, as defined by the Society of Professional Journalists (SPJ) USA, the BBC (UK) and the German Press Council (Press Code).

The utilizer, respectively the customer, is responsible for the wording. Fotofinder GmbH is not liable for violation of the general personality law or copyright law through wrong arrangement or distorted meaning in pictures or wording. Only the utilizer ist responsible for compensation claims from third parties if these laws are violated. The publishing of pictures of prominent people is only permitted editorially and with citing of their names.

All rights to the digital image remain with Fotofinder GmbH and / or the rightsholder. Any forwarding of the data-file to third parties, or copying of the data-file is forbidden. All kinds of storage and archiving of the data-files is forbidden. The transfer of data-files to the user does not guarantee exclusivity of use.

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Copyright

With reference to international and German copyright law (§13UrhG) we explicitly demand an agency and copyright entry, which has to be printed at a place, permitting no doubts about the relation between the picture, the agency and the copyright holder(photographer). Lists of reference are only adequate if an unambiguous relation to the respective picture is established. Additionaly, with the payment of the balance, the customer has to cite explicitly in which publication and place the picture has been published.

Additional image information from the author
The user is obliged to read and comply with all image-specific information and instructions, as supplied by the author in the caption (IPTC header). Such information can be viewed online during the image research, before any download or transfer takes place. Such information may include instructions on limitations or modifications for usage or royalties. By starting the transfer of data, the user declares his or her willingness to comply with all such instructions.

The utilizer has to release Fotofinder GmbH from all compensation claims of third parties if he fails to print the copyright entry. The right of citing the copyright and Fotofinder GmbH cannot be settled through payment of a higher fee. This also applies to advertising, web-site-pages, any other electronic medias (e.g. CD-Rom) insertions in television programms, movies or other medias if no other special agreement was made.

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Voucher Copy

The user is obliged to send the author a copy of the publication, not later than two months after the date of the data transfer.
The photo credit /author's designation as per Art. 13 of the German Copyright Act (UrhG) and the agency designation in accordance with the General Terms of Business of the author are always and without exception required for each picture.

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Account security and liability

The user is liable for payment of the fees for all data transfers that occur with the use of his or her login name and password. The user ist likewise liable for meeting and fulfilling the rights of the author.
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (b) maintain and promptly update the Registration Data, and any other information you provide to Fotofinder GmbH, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Fotofinder GmbH immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the registration data and any other information you provide to Fotofinder GmbH.

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Conditions of Payments, Place of Jurisdiction, Miscellaneous

Invoices are payable net within 30 days. Place of jurisdiction and place of performance is for both parties, as far as legally permissible, Berlin, Germany. For deliveries in foreign countries, German law is applicable, as agreed. Should one of these delivery and standard conditions of contract be void, the validity of the remaining conditions of contract remains unaffected.

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