General Terms Of Business
1. The subsequent General Terms and Conditions of Business shall apply to
all orders, quotations and supplies and services implemented by the
2. They are deemed to have been agreed following the customer's receipt of
user's supplies/services or quotation, in any case following acceptance of the
photographic material for publication at the latest.
3. In the event that the customer intends to object to the General Terms and
Conditions of Business, he shall declare so in writing within three working
days. An objection is hereby made to diverging Terms and Conditions of
Business stipulated by the customer. Diverging Terms and Conditions of
Business stipulated by the customer shall not be valid unless approved in
writing by attenzione-foto.
4. Within the framework of an ongoing business relationship the General
Terms and Conditions of Business shall also apply to all future orders,
quotations and supplies and services, without having to include them
II. Photographic material surrendered for use
1. The General Terms and Conditions of Business apply to all photographic
material provided to the customer, irrespective of its completion stage or
available technical format. The conditions shall apply especially to electronic
or digitally transmitted photographic material.
2. The customer accepts that the photographic material supplied by
attenzione-foto consists of photographs in accordance with ß II, Section 1,
Clause 5 of the Copyright Act.
3. Design proposals or concepts commissioned by the customer are
independent services which must be remunerated separately.
4. The surrendered photographic material remains the attenzione-
photographers property; the aforesaid shall also apply in the case of
5. The customer shall treat the photographic material with due care and may
only pass it on to third parties for internal business purposes, i.e. inspection,
selection and technical processing.
6. Complaints relating to the content of the supplied items or the content,
quality or state of the photographic material, must be communicated within
48 hours of receipt. The photographic material is otherwise deemed to have
been delivered appropriately, in accordance with the contract and as noted.
III. Rights of utilisation
1. In principle, the customer only acquires a non-exclusive license for single
2. Exclusive rights of utilisation, media-related or territorial exclusive rights
or blocking periods must be agreed separately and are subject to a minimum
surcharge of 100% on the relevant basic fee.
3. The delivery only constitutes the transferral of the right of utilisation for
the single usage of the photographic material for the purpose specified by
the customer and in the publication, medium or data carrier which has been
specified by the customer or which results from the relevant circumstances
under which the order has been placed. If in doubt, the relevant object
(newspaper, magazine etc.) for which the photographic material has been
provided in accordance with the delivery docket or the dispatch address,
shall be decisive.
4. Any use, utilisation, duplication, dissemination or publication beyond the
stipulations contained in Clause 3 is subject to payment and requires prior
explicit approval by attenzione-foto.
In particular, this shall apply to:
- any editing, changing or redesigning of the photographic material,
- secondary utilisation or publication, especially in anthologies, product-related brochures, advertising campaigns or other reprints,
- the digitalisation, storage or duplication of the photographic material on
any type of data carrier (e.g. magnetic, optic, magneto-optic or electronic
carrier media such as CD ROM, CDi, diskettes, hard drives, RAM, microfilm
etc.) unless such transactions are only performed for the technical processing
of the photographic material in accordance with Clause III, 3 of the General
Terms and Conditions of Business,
- any duplication or utilisation of the picture data on CD ROM, CDi, diskettes or similar data carriers,
- any recording or reproduction of picture data on the Internet or in online
databases or in other electronic archives (this even applies to the customer's
internal electronic archives),
- the disclosure of digitalised photographic material within the scope of
remote data transmission or on data carriers which are suitable for public
reproduction on screens or for the creation of hard copies.
5. Changes to the photographic material implemented by photo-composing
or photomontage or with electronic aids for the creation of a new
copyrighted item are only permitted without prior approval in writing by the
attenzione-photographer and only if such material is marked with [M]. Nor
may the photographic material be drawn, copied, photographed or otherwise
used as a motive.
6. The customer is not authorised to transfer the rights of utilisation granted
to him to third parties including other group companies or subsidiaries,
either in whole or in part.
7. Any utilisation, reproduction or transfer of the photographic material shall
only be permitted with the proviso that the attenzione-photographers
copyright notice has been attached.
8. When using the photos, the client is obliged to observe the general rights
of the individual and the right of the depicted person, and to not act contrary
to these rights. The client is obliged to obtain any necessary permits and is
liable for claims for damages arising from this. The attenzione-
photographers generally deliver photographs without a permission/model
release of the depicted person/persons.
1. The agreed fee shall apply. In the event that no fee has been agreed, the
relevant work is governed by the current photograph fee guideline issued by
the Mittelstandsgemeinschaft Foto-Marketing (small business association for
photo marketing). The minimum fee per picture is 50,- €. The fee is subject to VAT at the statutory rate.
2. The fee shall only be valid for the non-recurrent use of the photographic
material for the agreed purpose, in accordance with Clause III, 3 or 2 of the
General Terms and Conditions of Business. In the event that the fee is also to
include further use, this must be agreed separately.
3. Any costs and expenditure incurred by the order (e.g. material and
laboratory costs, model fees, costs for required props, travel expenses, per
diems etc.) are not included in the fee and shall be at the customer's
4. The fee in accordance with IV. 1 of the General Terms and Conditions of
Business shall also be settled in full if the commissioned and supplied
photographic material is not published. If the photographs are used as a
working model for layout and presentation purposes, a minimum fee of Euro
100 per photograph shall be payable, except as otherwise agreed.
5. The fee shall be paid within 2 weeks of the invoice date at the latest,
unless a shorter payment period is stipulated in the invoice. Following a
reminder, the customer is deemed to be in default. When default occurs,
interest of 10% p.a. shall be payable on this fee. Setoff of costs or the
exercise of the retention right shall only be permitted in the event that the
relevant claims brought forward by the customer are undisputed and
recognised by declaratory judgement.
V. Return of the photographic material
1. The photographic material must be returned in the form in which it was
originally supplied, without being asked to do so, immediately upon
publication or the agreed use, in any case within three months of the delivery
date at the latest. Two proofs must be attached. An extension of the three-
month period requires the attenzione-photographers written approval.
2. In the event that the attenzione-photographer surrenders photographic
material to the customer for test purposes only, at the customer's request or
with his approval, in order to determine whether utilisation or publication is
desirable, the customer shall return the photographic material within one
month of receipt at the latest, unless a different period is stipulated in the
delivery docket. This period may only be extended if confirmed by the
attenzione photographer in writing.
3. The photographic material shall be returned at the customer's expense
and with the customary packaging. The customer shall bear the risk of loss
or damage during transport until such time as the package has been received
by the attenzione-photographer.
VI. Contractual penalty, blocking, compensation
1. Each incident of unauthorised use, utilisation, reproduction or transfer of
the photographic material (without attenzione-photographers approval) is
subject to a contractual penalty of five times the usage fee, subject to further
claims for damages.
2. In the event that the copyright notice is not included, incomplete,
incorrectly placed or non-allocable, a surcharge of 100% of the utilisation fee
shall be paid.
3. In the event that the photographic material is not returned in good time
(blocking), the period after the expiry of the periods specified in Clause V.1
or 2, is subject to a contractual penalty amounting to
- Euro 1,00 per day and picture for black & white or colour prints or slide duplicates
- Euro 2,00 per day and picture for slides, negatives or other unique copies
4. Damaged, destroyed or lost photographic material is subject to
compensation without the attenzione-photographer having to furnish
evidence of the amount of damage incurred, where such damage amounts to:
- Euro 40,00 per black & white or colour print or slide duplicate
- Euro 125,00 per medium or large format slide duplicate
- Euro 750,00 per slide original, negative or other unique copy
- Euro 1500,00 per non-reproducible slide, negative or other unique copy.
In the case of damage, the above rates must be reduced in accordance with
the relevant extent of damage and the scope of remaining utilisation options.
In principle, both contracting parties reserve the right to furnish proof of
5. In the absence of a proof or when billing is implemented without a proof
or when billing is implemented without specifying which picture has been
used where and in which publication, a contractual penalty of 50% of the
usage fee is to be paid.
6. The payments in accordance with Clause VI do not substantiate any rights
VII. Legal agreements
1. These conditions are governed by German law, also in the event that
deliveries are effected abroad.
2. Ancillary agreements to this contract or to these General Terms and
Conditions of Business must be implemented in writing in order to be
3. In the event that one or several stipulations of these General Terms and
Conditions of Business are void or ineffective, the validity of the remaining
stipulations shall not be affected. The parties are obliged to replace the
invalid stipulation with an analogous, effective regulation that corresponds as
far as possible to the intended regulation in terms of its economic and legal
4. The place of performance and court venue shall be the residential city of
Hannover, Witten September 2008