Marco Urban – Photojournalist

General delivery and business terms

I. General
1. The following terms of supply and business (hereinafter referred to as GDBTs) are valid in relation to all orders, offers, deliveries and services carried out by Marco Urban, (hereinafter referred to as photojournalist), in particular through authorized (via registration) use of the Internet Online Data bank with the client (hereinafter referred to as client).
2. The GDBTs are valid within the framework of current business conditions outside the use of the Internet Online Data bank, even without the express inclusion for all services of the photojournalist. They are valid from the date of conclusion of the contract and / or with the acceptance of the delivery or of the service of the photojournalist by the client.
3. Deviations to the GDBTs on the part of the client will not be recognized, unless the photojournalist acknowledges them in writing.

II. The handed over photo material
1. The GDBTs are valid for all photo material handed over to the client. This is applicable to all creative stages or whatever technical form they may be in. They are particularly applicable to electronic, digitally-transmitted material, as well as that downloaded from the Internet.
2. The client acknowledges that the photo material delivered by the photojournalist is concerned with photographic works in accordance with § 2 paragraph 1, clause 5 of the German Copyright Law (UrhRG).
3. The photo material handed over to the client remains the property of the photojournalist, even in the case that damages are paid.
4. Any photo material may only be passed onto third parties for the internal business purposes of inspection, selection and technical processing.
5. Photo material in chemical form is to be returned unsolicited, in its original state, immediately after its publication, no later than 3 months after the delivery date.

III. Use
1. The client purchases only a single usufruct. Editorial application is permitted.
2. Each individual use, utilisation, copying, distribution or publication is subject to a fee. The photojournalist is also to be informed of its method, scope and duration. This is especially applicable to:
- the second use or second publication, in particular in anthologies, brochures accompanying products, in advertising campaigns or other reproductions,
- any copying or use of the photo data on data carriers,
- any photographing or reproduction of the photo data in electronic archives, in so far as it is not concerned with the storing of the material in the customer’s internal archives for purposes of inspection, selection and technical processing.
3. The use of the photo material apart from for editorial application purposes requires written consent by the photojournalist, in particular for advertising purposes, textual misrepresentation and for uses of different meanings. The user is responsible for the truthful captions to the photos.
4. Any editing, changes or redesigning of the photo material, the use in montages or the creation of a new work protected by copyright, require my prior written consent and are only allowed with the [M] identification.
The photo material may not be initialled, photographed in any other form, or be otherwise used as a logo.
5. Exclusive usufructs, media-related or special exclusive rights or periods of closure must be specially agreed and are granted on condition that a supplementary charge of at least 100% over and above the basic price is paid.
6. When using the photos, the client is obliged to observe the journalistic principles – the journalists’ code - of the German Press Council (Deutscher Presserat).
7. 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.
8. The client is not authorized to pass on the conceded usufructs to third parties either wholly or in part.
9. Any utilization, reproduction or passing on of the photo material is only permitted on the condition that the photographer’s copyright symbol is displayed. In the case of an omitted, incomplete or wrongly placed copyright symbol, a supplementary charge of 100% of the user’s fee is payable.
10. Each unauthorized (i.e., without the permission of the photojournalist), use, utilization, reproduction or passing on of the photo material is subject to a penalty for breach of contract to the amount of five (5) times the user’s fee, subject to further claims for damages.

IV. Fees
1. The agreed fees are applicable. If no fee has been agreed, it is determined by the current photo fees table of the Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee is also subject to VAT at the relevant applicable rate.
2. The fee is only applicable to the single use of the photo material for the agreed purpose according to clause III 1 or 2 of these GBDTs. If the fee is also fixed for a further use, this is to be agreed in writing.
3. Any costs and expenses arising from a commission are not included in the fee and are to be paid for by the client.
4. The fee is to be paid for within the deadline quoted on the invoice. If the customer does not pay after one reminder, he is in arrears. After beginning of the period of arrears, the fee will be subject to interest charges at 10% p.a. A settling or exercising of the right to retain is only permitted with regard to disputed or legally valid determined claims on the part of the customer.

VI. Liability
1. The photojournalist is only liable to the client for intentional or gross negligence.

VII. Penalties for breach of contract
1. Each culpable unauthorized use, utilization, reproduction or passing on of the photo material is subject to a penalty for breach of contract to the amount of five (5) times the user’s fee, subject to further claims for damages.
2. Culpably omitted, incomplete, wrongly placed or incorrectly assigned copyright symbol is subject to a supplementary charge of 100% of the user’s fee.

VIII. Applicable law / Court of jurisdiction
1. The law in the Federal Republic of Germany is applied; this is also applicable for deliveries abroad.
2. The place where the contract is to be fulfilled and the court of jurisdiction is Berlin, if the client is a full trader.

IX. Further regulations
1. Any supplementary agreements to these GBDTs require the written form.
2. In the event of one or more of the regulations of this GBDT being null and void and / or ineffective, this does not affect the rest of the regulations. Both parties are obliged to replace the invalid regulation with an effective regulation so that the economic and legal meaning of the regulation is retained.

© Marco Urban – Photojournalist - Luetzowstrasse 49A - D-10785 Berlin – Germany