- Terms
of Business
Copyright
All photographs appearing
at this site are the property of Werner Schüring and are protected
under German, and international copyright laws. The photographs may
not be manipulated without my permission .
General Conditions
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- 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. 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 the pictures before licencing,
at the latest, prior to technical utilization. According to the customers
declaration, I will grant permission for utilization of the delivered
photographic materials. If the customers declaration does not correspondent
with the intended utilization, the permission for utilization is void
and I am not liable for claims of compensation from third parties.
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Fees
- All utilization of my 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 me in advance. If the customer
does not inquire about the fee the respective valid fee will apply.
If the customer supplies no exact information for utilization, I am
authorized to charge a flat fee.
Fees are only applicable for a single utilization of a declared purpose
mentioned extent and agreed lanuage 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 allready 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 me about the new utilization and needs a further permission
to utilization.
If my photographic material is utilized or passed on without authorization,
a minimum fee of five times the basic fee is due, subject to further
claims of compensation.
Exclusive rights or waiting periods have to be agreed seperately a require
a minimum surcharge of 100% of the respective basic fee. Fees are due
at the latest, three months from the customers started utilization,
even if the publication or utilization has not taken place.
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Limitation of Disposal, Liability,
Utilization and Copyright Laws
- In principle, only the utilization
right of the copyright is transferred. This applies particularly to
images with several copyrights (e.g. to works of plastic arts or performing
arts). The redemption of further copyrights as well as the obtaining
of publishing permission from collections, museums etc. is the responsibilty
of the utilizer.
The photos supplied by me can only be utilized as stipulated in the
contract/ licence-agreement. The rights stipulated in the contract /licence
agreement are valid in the agreed extent only for a single utilization.
Repetitions or other extensions of the initially permitted utilization
era subject to my prior permission. My prior permission has to be obtained
particularly in the case of an intendedutilization of my photographic
material for advertising purposes.
If during a utilization in advertising personal rights of a portrayed
person era 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,
I am 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.
The customer is obliged
to inform me without request about the extent of unauthorised storage
of my material.
The utilizer is obliged to obeserve the journalistic principles of
the German Press Council (Press Code). The utilizer, respectively
the customer, is responsible for the wording. I am 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.
Copyright, Voucher Copy
- With reference to international
and German copyright law (§13UrhG) I explicitly demand a copyright
entry, which has to be printed at a place, permitting no doubts about
the relation between the picture and the copyright holder. 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.
If the customer failes to print the copyright entry, I am authorized
to charge a compensation fee of 100% of the respective utilization fee
as well as additional administration charges. The utilizer has to release
me from all compensation claims of third parties if he fails to print
the copyright entry.
The right of citing the copyright 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 programmes, movies or
other medias if no other special agreement was made.
Conditions of Payments, Place
of Jurisdiction, Miscellaneous
- My invoices are allways
payable net within 30 days.
Place of jurisdiction and place of performance is for both parties,
as far as legally permissible, exclusively 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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