This contract defines the relationship between Christoph & Friends + Das Fotoarchiv. (agency) and the respective contractual partner (the user). Christoph & Friends + Das Fotoarchiv. sells digital photo data-files, for a fee, to professional users for use in books, press and digital media, and for inclusion in film and television projects. Any commercial usage of pictures requires the explicit written permission of the agency, before publication.
Sales will take the following form: after conclusion of this contract the user will be entitled to download
photo-data-files from Christoph & Friends + Das Fotoarchiv.īs photo-databank. Christoph & Friends + Das Fotoarchiv. will charge the user a fee for the transfer of this data. The user must pay a royalty fee for each and every usage of a photograph. The fee will be determined by the nature of the usage in each case.
In accordance with these principles, the parties conclude the following contract:
The agency:
Christoph & Friends
Das Fotoarchiv. GmbH
Henning Christoph (president)
Kortumstr. 61a
D - 45130 Essen / Germany
The User:
Company/Publisher/individual: ............
Official representative: ............. (first name and surname)
street:
Place:
Post code:
Country:
Username:
Fee for data transfer
The user will pay the agency a fee of EURO / $ 2,50 for each download of a picture
in high resolution (HIGH RES) and of EURO / $ 1,50 for each download of a picture
in lower resolution (LOW RES). If ordered by the user, the agency will transfer
HIGH-RES photo data-files electronically (by email or ISDN). For a data transfer
via ISDN, the user will pay a basic fee of EURO / $ 10,- plus EURO / $ 5,- per
picture. The transfer via email costs EURO / $ 5,- per picture. These prices
are exclusive of relevant value-added taxes (VAT). Payment of the fees will
be due after the data transfer has succeeded.
In the event that the user does not ultimately use the pictures, transfer fees will still be paid. The agency retains the right to alter these prices according to developments in the market. The user will be informed of any such changes in advance.
Data quality/limitation of liability
Complaints regarding deficiencies, technical or otherwise, of photo data-files must be directed to the agency within twenty-four hours of the transfer. In such a case, the user will be entitled to download the picture anew or receive the picture by electronic transfer for no further charge. All further claims for damges resulting from deficiencies in data-files will not be accepted, except in cases of severe negligence or premeditation on the part of Christoph & Friends + Das Fotoarchiv.
Password and liability
The user is liable for payment of the fees for all transfers of data which occur with the use of his or her username and password. The user is also liable for meeting and fulfilling the rights of the agency. The user is entitled at any time to register a new password with the agency. The user is obliged to take all due care and precaution in the use of his or her password. Any unauthorised use of a password must be notified immediately.
Additional picture information from the agency
The user is obliged to read and comply with all picture-specific information and instructions, as supplied by the agency in the caption (IPTC-Header). Such information can be viewed online during the picture research, before any download or transfer takes place. Such information may include instructions on limitations or modifications to usage or royalties.
By commencing transfer of data, the user declares his or her willingness to comply with all such instructions.
Legal position of the user vis a vis the agency
With the transfer of a photo data-file the user attains neither ownership nor any other rights to the digital picture. The user is permitted only to use the digital picture within the terms of the royalty agreement concluded between the user and the agency. All rights to the digital picture remain with the agency. Any forwarding of the data-file to third parties, or copying of the data-file is forbidden. The photo data-file must be erased not later than three months after the data transfer. 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.
Royalty fees for copyright
The agency maintains a table of fees for respective usages of pictures. This table of fees can be viewed on the agency's internet pages. The table of fees as it exists at the point of time of the data transfer to the user will be considered as valid. Royalty fees for usages which are not indicated in the table of fees must be negotiated directly between the user and the agency.
Legal position of user and agency
Prior to the transfer of a photo data-file the user will select and indicate in the table of fees, the anticipated usage. Thereupon, the relevant fee for this usage will be displayed. The User must confirm this royalty fee as displayed. Only then is the data transfer technically possible. With the user's confirmation, and the subsequent data transfer, a royalty agreement comes into effect between the user and the agency. This agreement allows the user to use the photograph according to the indicated anticipated usage, and obliges him or her to pay the agency the displayed royalty. With the transfer of a photo data-file, the user receives no other rights to the picture which is contained in the data-file. All rights remain fully with the agency. Any unauthorised usage on the part of the user entitles the agency to exercise his or her legal right and claim for damges.
Obligation to declare the actual usage
Not later than one week after the data transfer, the user must declare to the agency the actual form of usage of the photograph. The declaration must include the following details: medium (book, publication, film, TV, online, advertising etc.); date of publication; scale of usage (circulation, duration of display in film, etc.); area of distribution.
Should the actual usage of the picture by the user diverge from the usage indicated at the time of transfer, the user will be obliged to pay the fee for the actual usage according to the table of fees, or according to the recommendations of the MFM (Mittelstandsgemeinschaft Fotomarketing - German organisation for the marketers of photography). If the user declares his or her actual usage of the picture within the alotted time, the actual usage will count as permitted by the agency.
Failure to declare the actual usage
Should the user fail to declare the actual usage inside the alotted time, the indicated usage will be taken as valid. Not later than one week after the data transfer, the user will be indebted for the royalty fee for the originally indicated usage. Should the actual usage however exceed the anticipated usage, and the user not declare this to the agency, the agency will be entitled to demand the full royalty for the actual usage. The actual usage exceeds the anticipated usage when, according to the table of fees, a higher royalty is due. The agency's own right to take further action for damages against the user remains unaffected.
Cancellation and minimum royalties
Should the user decide to make no use of a photo data-file once it has been transferred, he or she may declare this to the agency within one week of the data transfer. This cancellation is free of charge. When informed of a cancellation later than one week after the data transfer, the author will be entitled to invoice the user for a cancellation-fee of not less than EURO / $ 20,-.
Agency's invoices and payment of fees
The agency will invoice the the user for the royalty fee. The user makes payment to the agency.
Proof copies
The user is obliged to send the agency a copy of the publication, not later than two months after the date of the data transfer.
General Terms of Trade
The user declares in signing this contract, that he or she has read and accepted the agency's general terms of trade. (As they are presented on the website of www.das-fotoarchiv.com). The user stands under the particular obligation to observe the principles for publication as maintained by the German Press Council (the code of conduct for the press).
Period of Notice
This contract may be cancelled, in writing, by either party, with a period of notice of two weeks. All rights for extraordinary notice remain intact.
Concluding this contract
This contract becomes valid when the user sends the agency, by fax or by post (not by email), a properly
completed version, signed by him or herself. The agency declares acceptance by confirming receipt of the contract, and freeing the option to download photo data-files online.
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Place / Date / Signature / Stamp