General Terms and Conditions of Business of the German Documentation Center for Art History – Bildarchiv Foto Marburg
A General
(1) The German Documentation Center for Art History - Bildarchiv Foto Marburg is a central institution of Philipps University in Marburg. The Statutes of March 10, 2009 apply.
(2) As a supporting organization of the "Image Index of Art and Architecture", Bildarchiv Foto Marburg also makes inventories of images from third parties available on the Internet and forwards order inquiries to the respective image provider.
(3) We provide goods and services exclusively on the basis of these General Terms and Conditions of Business.
(4) We hereby expressly reject any terms of the buyer which may contradict these. Agreements to the contrary require written confirmation.
(5) Complaints regarding the contents of a consignment shall only be considered if they are brought forward immediately upon receipt. This also applies to notification of defects in image quality when electronic pictorial material (image files) are transmitted.
B Delivery, Costs, Fees
(1) Our master images are supplied in accordance with our currently effective price list, which is posted on our website (http://www.fotomarburg.de).
(2) Our master images can be acquired for purposes of publication or for the purpose of purely private study.
(3) Processing fees related to the kind and extent of the work required will be charged for digital image processing, consignments on approval and image researching. These fees shall be charged in accordance with our currently effective price list.
C Fees, Damage Compensation
(1) Using our image material for purposes of publication is subject to a fee in all cases and requires our prior consent.
(2) Fee rates must be agreed before the material is used. They shall follow our currently effective price list in accordance with the purpose, the circulation and presentation, which must be indicated to us. If, for any reason, no fee has been agreed upon, it shall be determined on the basis of the prevailing list of photographic fees issued by Mittelstandsgemeinschaft Foto-Marketing (MFM) as stipulated for the specific application.
(3) Rights of use are granted for a single instance and for the purpose indicated, as well as the fees agreed in each case. Reuse requires our prior permission and is again subject to charges.
(4) Subject to other claims for compensation of damages, unauthorized use or dissemination of our image material shall entail a fee amounting either to five times that stated in our price list or five times that stated for the specific instance of unauthorized use in the relevant section of the MFM fee guidelines in the prevailing version (contractual penalty).
(5) For use in books, a print run of up to 10,000 copies shall apply in cases of doubt. The contractual partner is entitled to refute this provision related to cases of doubt by presenting verifiable evidence of the print run.
(6) Exclusive rights or retention periods must be agreed separately.
(7) Fees are due at the latest when the images are used (printed, broadcast, etc.).
D Agency Note, Specimen Copy
(1) If our master images are used, we expressly demand that a reference to Bildarchiv Foto Marburg must be included in such a way that no doubt can arise as to which illustrations this specifically refers to. Full particulars are stated in our reproduction permission.
(2) If this agency note is left out, we shall be entitled to raise the usage fee by 100 %.
(3) A free specimen copy of each print publication must be sent to us without our specifically requesting such.
E Restraint on Disposal
(1) Our analog masters may not be duplicated. Exceptional cases require our written permission. After being used, duplicates and image files provided by us must be destroyed or deleted, respectively, and this must be confirmed to us in writing.
(2) Our images may in no case be used for advertising purposes without our prior written permission.
(3) Distribution requires a special agreement.
F Limitation of Liability
(1) The image archive shall replace faulty products or any products damaged when received. The image archive shall not be liable for consequential damages arising from the use of faulty products or products damaged when received, such as laterally reversed copies or faulty lettering.
(2) The user of our image material, as well as the image materials of third parties available in the "Image Index", bears in every case the full responsibility, also for respecting or infringing any possible rights, in particular privacy rights (German "Recht am eigenen Bild", "right to one's own image"), of third parties. All works whose authors have not been dead for more than 70 years are protected by copyright. Approval for reproduction can be obtained from VG Bild-Kunst Bonn (http://www.bildkunst.de/ ).
G Terms of Payment, Legal Venue, Miscellaneous
(1) Our bills must be paid in full within 21 days.
(2) Frankfurt am Main shall be the legal venue.
(3) German law shall be considered to have been agreed even in the case of delivery to foreign countries.
(4) We expressly retain the right to transfer secondary rights to collecting societies and do not acknowledge clauses stating that accepting a fee excludes the recognition of further rights.
