LATINPHOTO.org

Copyright
All photographs appearing at this site are the property of LATINPHOTO.org and are protected under Swiss, and international copyright laws. The photographs may not be manipulated without my permission.

General Conditions

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.
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.
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 International 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 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.