Terms and Conditions

General Terms and Conditions for Photographers (GTC/BFF)

Validity of the Terms and Conditions

1.1 The production of images and the granting of image licenses are carried out exclusively on the basis of the following terms and conditions. These terms and conditions also apply to all future production and licensing agreements, unless expressly agreed otherwise.

1.2 Terms and conditions of the client that deviate from the following terms and conditions are not recognized. Such deviating terms and conditions do not become part of the contract even if the photographer does not expressly object to them.

2 Production Orders

2.1 Cost estimates provided by the photographer are non-binding. The photographer only needs to notify the photographer of cost increases if they are expected to exceed the originally estimated total costs by more than 15%.

2.2 For photographs of people and objects subject to third-party copyrights, property rights, or other rights, the client is obligated to obtain the consent required for the creation and use of the images from the persons depicted and the rights holders.

The client must indemnify the photographer against any claims for compensation from third parties resulting from a breach of this obligation. This indemnification obligation shall lapse if the client proves that they are not at fault. The above provision also applies if the photographer selects the persons or objects to be photographed themselves, provided that they inform the client of their selection in a timely manner so that the client can obtain the necessary consents or select and provide other suitable persons or objects for the photographic work.

2.3 If the services of a third party must be utilized or another contract concluded with a third party is concluded during the execution of the order, the photographer is authorized to enter into the corresponding obligations in the name and for the account of the client.

2.4 The photographer selects the images to be presented to the client for approval upon completion of production. Rights of use are granted, subject to full payment (Section 3.4), only for those images that the client accepts as contractually agreed.

2.5 The client is obligated to examine the images presented to him after completion of the photographic work within a reasonable period of time and to notify the photographer of any defects. Obvious defects must be reported in writing within two weeks of delivery of the images; non-obvious defects must be reported within two weeks of the defect being discovered. Timely dispatch of the complaint is sufficient to meet the complaint deadline. In the event of a breach of the obligation to examine and notify the client, the images shall be deemed approved with regard to the defect in question.

3 Production Fee and Incidental Costs

3.1 If the time allocated for the photographic work is significantly exceeded for reasons beyond the photographer's control, an agreed flat fee shall be increased accordingly. If a time-based fee has been agreed, the photographer shall also receive the agreed hourly or daily rate for the time by which the photographic work is extended.

3.2 In addition to the fee owed, the client shall reimburse the photographer for any incidental costs incurred in connection with the execution of the order (e.g., for film material, digital image processing, photo models, travel).

3.3 The production fee is due upon delivery of the images. If an image production is delivered in installments, the corresponding partial fee is due upon delivery of each installment. If the execution of an order extends over a longer period, the photographer may request advance payments in accordance with the work performed.

3.4 The client only acquires the copyright usage rights upon full payment of the fee and reimbursement of all incidental costs.

4 Requesting Archive Images

4.1 Images requested by the client from the photographer's archive will be made available for viewing and selection for a period of one month from the date of the delivery note. If no license agreement is concluded within the selection period, analogue images and image data storage devices provided by the photographer must be returned by the end of the period, and all image data stored by the client on their own data storage devices must be deleted.

4.2 The provision of images for viewing and selection does not transfer any usage rights. Any use requires a prior written release from the photographer.

4.3 The use of the images as working templates for sketches or layout purposes, as well as presentations to clients, already constitutes a chargeable use. If slide frames or transparencies are opened, the photographer is entitled – subject to any further payment claim – to charge a layout fee, even if the images have not been used.

4.4 The photographer may charge a processing fee for compiling the image selection, which is calculated based on the type and extent of the effort incurred and shall be at least €30. The client must also reimburse shipping costs (packaging, postage), including the costs for special shipping methods (taxi, air freight, express courier).

If the return period for analog image material stipulated in 4.1 or agreed in the license agreement is exceeded, a blocking fee must be paid in addition to the other costs and fees until the images are received by the photographer. The blocking fee is €1.50 per day and image. The maximum amount that can be claimed for each individual image, regardless of the blocking duration, is the amount stipulated in Section 7.5 (sentence 2) of the Terms and Conditions as a lump sum for the loss of the image. The client reserves the right to prove that the photographer has not suffered any damage as a result of the delayed return of the images, or that the damage incurred is significantly lower than the blocking fee.

5 Rights of Use

5.1 The client acquires rights of use to the images only within the scope contractually agreed. Ownership rights are not transferred. Regardless of the scope of the rights of use granted in the individual case, the photographer remains entitled to use the images for his or her own advertising purposes.

5.2 The granting and transfer of the rights of use acquired by the client to third parties, including other editorial departments of a publishing house, requires the photographer's written consent.

5.3 Use of the images is generally only permitted in their original form. Any change or modification (e.g., montage, photo-technical alteration, colorization) and any alteration in the image reproduction (e.g., publication in sections) requires the photographer's prior consent. The only exception to this is the removal of unwanted blurriness or color weaknesses by digital retouching.

5.4 The photographer must be named as the author of each image publication. This name must be included with the image.

6 Digital Image Processing

6.1 The digitization of analog images and the distribution of digital images by

remote data transmission or on data storage media is only permitted if the exercise

of the granted rights of use requires this form of reproduction and distribution.

6.2 Image data may only be digitally archived for the client's own purposes and only for the duration of the right of use. The storage of image data in online databases or other digital archives accessible to third parties requires a separate agreement between the photographer and the client.

6.3 When digitally capturing images, the photographer's name must be electronically linked to the image data. The client must also take appropriate technical precautions to ensure that this link is maintained during every data transmission, the transfer of the image data to other data storage media, display on a screen, and public reproduction, and that the photographer can be identified as the author of the images at any time.

7 Liability and Damages

7.1 The photographer is only liable for damages caused by him or his vicarious agents intentionally or through gross negligence. Excluded from this are damages resulting from the breach of a contractual obligation that is essential for achieving the purpose of the contract (cardinal obligation), as well as damages resulting from injury to life, body, or health, for which the photographer is also liable in cases of slight negligence.

7.2 The photographer assumes no liability for the manner in which his images are used. In particular, he is not liable for the admissibility of the use under competition and trademark law.

7.3 Claims by the client arising from a breach of duty by the photographer or his vicarious agents shall expire one year after the statutory limitation period begins. Excluded from this are claims for damages based on an intentional or grossly negligent breach of duty by the photographer or his vicarious agents, and claims for damages due to injury to life, body, or health, even if they are based on a slightly negligent breach of duty by the photographer or his vicarious agents; the statutory limitation periods apply to these claims for damages.

7.4 The sending and return of images is at the client's risk and expense.

7.5 If analogue images are lost within the client's area of risk or are returned in a condition that precludes further use according to normal practice, the client shall be liable for damages. In this case, the photographer is entitled to claim at least €1,000 for each original and €200 for each duplicate, unless the client proves that no damage was incurred or that the damage was significantly lower than the claimed flat-rate compensation. The photographer reserves the right to assert a higher claim for damages.

7.6 In the event of unauthorized use, modification, alteration, or distribution of an image, the photographer is entitled to demand a contractual penalty of five times the agreed or, in the absence of an agreement, five times the usual usage fee, but at least €500 per image and individual case. The assertion of further claims for damages remains unaffected.

7.7 If the photographer is not named in the publication of an image (Section 5.4) or the photographer's name is not permanently linked to the digital image (Section 6.3), the client must pay a contractual penalty of 100% of the agreed or, in the absence of an agreement, the usual usage fee, but at least €200 per image and individual case. The photographer also reserves the right to assert further claims for damages.

8 Value Added Tax, Artists' Social Security Contribution

In addition to the fees, charges, and costs to be paid by the client, the photographer shall be subject to value added tax and the artists' social security contribution, which may be incurred for third-party services, at the applicable statutory rate.

9 Statute and Place of Jurisdiction

9.1 The law of the Federal Republic of Germany shall apply.

9.2 In the event that the client does not have a general place of jurisdiction in the

Federal Republic of Germany or relocates their registered office or habitual residence abroad after the conclusion of the contract, the photographer's place of residence shall be agreed as the place of jurisdiction.