All offers, supplies and the granting of utilisation rights are exclusively
provisional and not exclusive with regard to the business conditions below.
Differing business conditions of the customer are only valid after written confirmation
by THOMAS MAYER ARCHIVE. Business conditions printed on order forms, confirmations
of supply etc., will herewith be contradicted.
The refusal of our terms of supply only gains validity through the return of
the supplied picture material within three working days of receipt by the customer.
Complaints relating to the content of the consignment must be reported by phone
within two working days of receipt of the picture material and within a further
three working days in writing; complaints concerning technical or other hidden
faults in writing within ten working days of discovery. If you fail to submit
such complaints we are not liable for possible already incurred or future costs.
When ordering but at the latest before technical use of the pictures, the customer
must state the type, extent and language area of the planned utilisation. In
accordance with the information supplied by the customer, THOMAS MAYER ARCHIVE
will agree in writing to the utilisation of the picture material supplied. If
the type of utilisation does not correspond with the customers information or
if the utilisation does not correspond with the customers information on the
actual utilisation, the agreement for utilisation will be regarded as not given
and THOMAS MAYER ARCHIVE is released from entitlements of third parties.
Picture material supplied remains in the ownership of the originator. It will
only be made available for a certain period and for the acquisition of utilisation
rights based on the
Picture material of which the customer does not want to acquire utilisation
rights or has not acquired them must be returned within the period stated on
the delivery note.
Picture material of which the customer has acquired utilisation rights and/or
of which he has stated the intent to acquire them must be returned within 90
days of receipt whether or not the customer has used them.
All pictures supplied are subject to administrative charges and postage and
packing resulting from the type and extent of the costs incurred. In addition,
we charge for the obtaining of third party material and information commissions
or information fees resulting from the type and extent of costs incurred. A
balancing with possible utilisation fees is ruled out. With the payment of administrative
charges, the customer acquires neither utilisation nor ownership rights. Through
the payment of compensation and/or a penalty calculated on the basis of these
contractual terms, the customer acquires neither ownership nor utilisation rights
of the picture material.
Each utilisation of our picture material is subject to royalties. This applies
also to the utilisation of a picture as a model for drawings, caricatures, postpositive
photos or layout purposes for presentations for customers as well as when utilising
picture details for new pictures developed with montage, photo composing, electronic
picture carriers or similar techniques. The customer is liable to THOMAS MAYER
ARCHIVE until the pictures are received undamaged even if the customer has passed
them on to a third party. This also applies if the customer requests THOMAS
MAYER ARCHIVE to send them to a third party.
Fees must be agreed before utilisation. They relate to the media, type and extent
of utilisation which must be declared before utilisation. If the customer does
not inquire about charges or if no charges are agreed, the respective valid
charges of THOMAS MAYER ARCHIVE apply. If the customer does not submit exact
information, THOMAS MAYER ARCHIVE is entitled to charge a flat rate. All charges
stated in offers, price lists or other documents are without VAT and artists’
social welfare contributions.
Photos involving photographic models, aerial photos, underwater photos, expedition
photos and other photos made under exceptional circumstances and costs are always
subject to an additional charge based on the basic fee and the respective utilisation
Fees apply only for one utilisation and for the purpose, extent and language
area announced. Each further utilisation demands our prior written agreement.
If an illustrated object (such as a book, record sleeve, brochure etc.) is depicted
in a new medium, a fee must be paid for the photo depicted in it in addition
to the fee paid
for the utilisation rights of the same photo. This applies in particular for
utilisation for advertising purposes. The user must inform THOMAS MAYER ARCHIVE
on the new utilisation and seek written agreement for this utilisation.
Exclusive rights or waiting periods are subject to special agreements.
Immediately after the customers announcement that he wants to use the entire
picture material or parts of it, THOMAS MAYER ARCHIVE is entitled to invoice
the granting of utilisation rights even if the publication or other utilisation
has not taken place.
Picture material (selection of photos) sent for the decision on the acquisition
of utilisation rights will be made available without invoicing blocking fees
but only for the period stated in the delivery note. Exceptions must be agreed
in individual cases (see point E3). Picture material of which the customer has
acquired utilisation rights or announced that he will utilise it will be made
available for a maximum of 90 days after receipt without charging blocking fees.
Exceptions must be agreed in individual cases (see point E3).
If the planned publication or other utilisation does not take place, an already
paid fee cannot be reimbursed.
Payments of fees must always be made by stating the customer number, photo number
(guide number) and the name of the originator. Without this information, an
additional administrative fee must be paid subject to the extent of the additional
costs. In addition, when settling the account the customer must state in detail
which photo was used in which publication and where.
For cancellation of an order we will charge 25,00 Euro.
C. Limitation of disposal, liability, utilisation rights and copyright
All picture documents must be treated as originals. On principle, only the utilisation
right of the photographic copyright will be transferred. This applies in particular
to picture documents which, based on the content of the picture, are subject
to another copyright (for example, pieces of fine and performing arts). Fees
for further utilisation rights and permissions for publication from collections,
museums etc. must be paid or obtained by the user. THOMAS MAYER ARCHIVE makes
available photos only for purposes stipulated in the contract. They must be
returned immediately after utilisation. Rights stipulated in the contract apply
only to one utilisation to the
agreed extent. Repetitions or other extensions of the originally granted utilisation
rights are only permitted with our prior written agreement.
The distortion of the piece protected by copyright through copying, rephotographing,
photocomposing or by using other electronic aids is not permitted. Exceptions
are subject to a special agreement. Utilisations and distortions of the picture
in illustrations and words and utilisations with distorting tendencies which
may belittle persons depicted are not permitted and subject to compensation
by the user.
The passing on of the picture material or the passing on of reprinting rights
to third parties is not permitted. In addition, slide duplication and the production
of internegatives, reproductions and enlargements for the customers archives
and the passing on of these to third parties is not permitted. Exceptions are
subject to a special agreement. The customer is obliged to inform us whether
and to what extent he has duplicated or made other copies for his archive.
The user is obliged to observe the journalistic principles of the German Press
Council (Press Code). The user or customer is responsible for his text. We are
not liable for infringements of the general personal right or copyright caused
by the unagreed or distorting utilisation of the picture or text. If such rights
are violated, the user alone is obliged to pay compensation to third parties.
The publication of photos of well-known persons must only be done editorially
and by stating their names.
We explicitly reserve the right to transfer secondary rights to utilisation
companies and do not acknowledge clauses which rule out the exploitation of
further rights after acceptance of a fee.
The postage risk for the return of picture material is borne by the sender.
Costs and risks for the complete and correct return and for unsuitable or inadequate
packaging are borne by the customer who is obliged to pay compensation in the
case of loss or damage even if the return to THOMAS MAYER ARCHIVE has been made
by a third party commissioned by the customer. If picture masks and the labelling
are missing, the consignment is regarded as incomplete and possible administrative
costs must be met by the customer.
D. Copyright / voucher copy
Based on § 13 UrhG (Copyright) we demand that THOMAS MAYER ARCHIVE are
named explicitly, i.e. in such a way that no doubt may arise over the assignment
of the respective picture. Summaries are only sufficient if they clearly assign
the picture to THOMAS MAYER ARCHIVE. The user will release THOMAS MAYER ARCHIVE
from entitlements of third parties resulting from missing labellings of originators.
As long as no special agreement has been concluded, point 1 will also apply
to advertising, insertions in TV programmes, movies or other media.
As long as not especially stated above, each utilisation is subject to German
According to § 25 VerlagsG (Publishing Act), a minimum of two complete
copies of publications must, free of charge and without being asked for, be
submitted to us during the print-run.
E. Conventional penalty / flat rate compensation
(compare also with E in the appendix)
In case of unauthorised utilisation, distortion or passing on of our picture
material or unauthorised passing on of reprinting rights to third parties as
well as unauthorised production of slide duplications, internegatives, reproductions
and enlargements for the customer’s archives or passing on of these to
third parties (compare with C1, 2 and 3), a minimum charge of five times the
usual basic utilisation fee is agreed. In addition we reserve the right to demand
If no labelling of THOMAS MAYER ARCHIVE was made we are entitled to charge an
additional fee of 100% of the respective utilisation fee plus possible administration
If the material is returned after the charge-free deadline agreed, blocking
costs will, in accordance with E, point 1 in the appendix, be charged for unutilised
pictures. This applies also for offers made without obligation as long as the
receiver of the consignment is a permanent user of picture material offered
free of charge. According to E, point 1 in the appendix, so-called blocking
charges must, in addition to the utilisation fee, be paid if the picture material,
of which the user has acquired utilisation rights and/or of which he has announced
the intent to do so, has not been returned within 90 days of receipt.
In accordance with the graduation stipulated under E, point 2 in the appendix,
compensation must be paid for damaged or unreturned picture copies. The respective
amounts for each picture stipulated in the graduation are regarded as agreed.
THOMAS MAYER ARCHIVE has no obligation to prove individual damages. Compensation
will be calculated based on the lapse of further utilisation opportunities.
The customer may prove that the damage was lower than calculated. Moreover,
we reserve the right to claim additional compensation and blocking costs (in
case of damage or loss, up to the amount of compensation). Duplicates offered
by the customer as replacement for damaged or destroyed picture copies will
not be accepted.
If picture copies reported as lost are found and returned within one year we
will reimburse one third of the compensation.
Our colour material is sealed. If the seal is broken without a certain utilisation
being declared we will charge a layout fee. In addition, we reserve the right
to claim compensation.
F. Conditions of payment, place of jurisdiction, other matters
Our invoices must be paid net within 14 days.
As long as both sides are qualified merchants, the place of jurisdiction and
performance is Neuss, Germany.
For supplies abroad, German law applies.
Should one regulation of these supply and business terms be invalid, the validity
of the remaining regulations remains unaffected.