Terms and conditions of the photographers trade
(Federal Gazette No. 88 of May 15, 2002, page 10,436)
I. General
1. The following terms and conditions apply to all orders placed with the photographer. They are deemed to have been agreed if they are not contradicted immediately.
2. Photographs within the meaning of these GTC are all products made by the photographer, regardless of the technical form or medium in which they were created or are available. (Negatives, slides, paper images, still videos, electronic stills in digitized form, videos, etc.)
II. Copyright
1. The photographer is entitled to the copyright to the photographs in accordance with copyright law.
2. The photographs produced by the photographer are basically only intended for the client's own use.
3. If the photographer transfers rights of use to his works, unless expressly agreed otherwise, only the simple right of use is transferred in each case. A transfer of usage rights requires the special agreement.
4. The rights of use are only transferred to the photographer after full payment of the fee.
5. The orderer of a picture i.S. from § 60 UrhG has no right to reproduce and distribute the photograph if the corresponding rights of use have not been transferred. § 60 UrhG is expressly waived.
6. When using the photographs, the photographer can, unless otherwise agreed, demand to be named as the author of the photograph. A violation of the right to be named entitles the photographer to compensation.
III. Remuneration, retention of title
1. A fee will be charged for the production of the photographs as an hourly rate, daily rate or agreed flat rate plus statutory VAT. The photographer shall show the final prices including VAT to end consumers.
2. Due invoices are to be paid within 7 days without deduction. The customer is in default if he does not pay due invoices no later than 30 (in words: thirty) days after receipt of an invoice or an equivalent request for payment. The photographer reserves the right to bring about the delay at an earlier point in time by issuing a reminder that is received after the due date.
3. The supplied photographs remain the property of the photographer until the purchase price has been paid in full.
4. If the client has not given the photographer any express instructions regarding the design of the photographs, complaints regarding the image design and the artistic-technical design are excluded. If the client wishes changes during or after the recording production, he has to bear the additional costs. The photographer retains the right to remuneration for work that has already begun.
IV. Liability
1. For the violation of obligations that are not directly related to essential contractual obligations, the photographer is only liable for himself and his vicarious agents in the case of intent and gross negligence. He is also liable for damages resulting from injury to life, limb or health as well as from the breach of essential contractual obligations that he or his vicarious agents have caused through culpable breaches of duty. Unless otherwise agreed, the photographer is only liable for damage to objects, templates, films, displays, layouts, negatives or data in the event of intent and gross negligence.
2 . The photographer keeps the files carefully. He is entitled, but not obliged, to destroy files he has kept three years after the end of the contract.
3. The photographer is only liable for the light resistance and durability of the photographs within the framework of the guarantee provided by the manufacturer of the photographic material.
4. Films, images and templates are sent and returned at the expense and risk of the client. The client can determine how and by whom the return is made.
V. Ancillary Obligations
1. The client assures that he has the right to reproduce and distribute all templates handed over to the photographer and, in the case of portraits of people, the consent of the people depicted to publication, reproduction and distribution. Claims for compensation by third parties based on the violation of this obligation shall be borne by the customer.
2. The client undertakes to make the objects to be recorded available in good time and to collect them again immediately after the recording. If the client does not pick up the objects to be photographed after two working days at the latest, the photographer is entitled to charge storage costs if necessary or, if his studio space is blocked, to outsource the objects at the expense of the client. Transport and storage costs are at the expense of the client.
VI. Performance disruption, cancellation fee
1If the photographer gives the customer several photographs to choose from, the customer must return the unselected photographs within one week of receipt - unless a longer period has been agreed - at his own expense and risk. The photographer can demand payment for lost or damaged photographs, provided that he is not responsible for the loss or damage.
2. If the photographer provides the client with images from his archive, the client must return the unselected images within one month of receipt by the client and the selected images within one month of use. If the customer is in default with the return, the photographer can demand a blocking fee of 1 (in words: one) euro per day and picture, unless the customer can prove that no damage has occurred or that it is lower than the damage flat rate. In the event of loss or damage that precludes further use of the images, the photographer can demand compensation. The compensation amounts to at least 1000 (in words: one thousand) euros for each original and 200 (in words: two hundred) euros for each duplicate, unless the customer can prove that no damage has occurred or that it is lower than the lump sum. The photographer reserves the right to claim higher damages.
3. If the time provided for the execution of the order is significantly exceeded for reasons for which the photographer is not responsible, the photographer's fee increases accordingly, provided that a flat rate was agreed. If a time fee has been agreed, the photographer will also receive the agreed hourly or daily rate for the waiting time, unless the client can prove that the photographer has not suffered any damage. In the event of intent or negligence on the part of the client, the photographer can also assert claims for damages.
4. The client has the obligation to either attend an agreed photo session or to cancel it in good time (at least 24 hours in advance). The photographer reserves the right to charge a cancellation fee of at least 80% of the shooting price in the event of non-attendance.
4. Delivery dates for photographs are only binding if they have been expressly confirmed by the photographer. The photographer is only liable for exceeding the deadline in the case of intent and gross negligence.
VII. Online Gallery
1. To select the photos, the photographer creates a password-protected online gallery for the client.
2. A first selection will be made by the photographer to the best of his conscience. It is not possible to see all photos taken during a photo shoot.
3. The online gallery is available to the customer for 30 days online and free of charge. If the 30 days are exceeded, a new activation is possible for a flat rate of €5. The gallery will be made available for another 7 days.
4. The photographer does not pass on any RAW photos to his client.
viiI. data protection
Personal data of the customer required for business transactions can be stored. The photographer undertakes to treat all information that has become known to him as part of the order as confidential.
IX. Digital photography
1. The digitization, storage and duplication of the photographs of the photographer on data carriers of all kinds requires the prior written consent of the photographer.
2. The transfer of usage rights does not include the right to storage and reproduction if this right has not been expressly transferred.
XI. image editing
1. The processing of photographs by the photographer and their duplication and distribution, analogue or digital, requires the prior consent of the photographer. If a new work is created through photo composing, montage or other electronic manipulation, this must be marked with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of §8UrhG.
2. The client is obliged to store and copy photographs of the photographer digitally in such a way that the name of the photographer is electronically linked to the image data.
3. The client is obliged to set up this electronic link in such a way that it is retained for any type of data transmission, any display on screens, any type of projection, in particular any public display, and the photographer as the author of the images is clear and is clearly identifiable.
4. The client assures that he is entitled to commission the photographer with the electronic processing of third-party photographs if he issues such an order. He releases the photographer from all third-party claims based on the violation of this obligation.
X. Use and Distribution
1. The distribution of the photographer's photographs on the Internet and intranets, in online databases, in electronic archives that are not only intended for the internal use of the client, on diskettes, CD-ROMs or similar data carriers is only permitted on the basis of a special agreement between the photographer and the client.
2. The forwarding of digitized photographs on the Internet and intranets and on data carriers and devices that are suitable for public display on screens or for the production of soft and hard copies requires the prior written consent of the photographer.
3. The duplication and distribution of edits made by the photographer electronically require the prior written consent of the photographer.
4. The photographer is not obliged to hand over data carriers, files and data to the client if this has not been expressly agreed in writing.
5. If the client wishes the photographer to provide him with data carriers, files and data, this must be agreed and paid for separately.
6. If the photographer has made data carriers, files and data available to the customer, these may only be changed with the prior consent of the photographer.
7. The client bears the risk and costs of transporting data carriers, files and data online and offline; the contractor can determine the manner of transmission.
XII. Final Provisions
The place of performance for all obligations arising from the contractual relationship is the photographer's registered office if the contractual partner is not a consumer. If both contracting parties are merchants, legal entities under public law or a special fund under public law, the place of jurisdiction is agreed to be the place of business of the photographer.