When it comes to providing news and advertising agencies with images, those images have to move fast! Valuable photographic material has to be made available as rapidly as possible and without any bureaucratic obstacles. Usage can be complicated, issues of liability play an ever greater role, and great care has to be taken regarding copyright and personal and property rights. It is not usually possible to agree on a contract before images are ordered, which means that the following General Terms apply to the way we supply all our images.
1. All stored and/or ordered and delivered material remains the property of Pete Hirth at all times. It is made available temporarily for the sole purpose of gaining usage rights and must be deleted within a certain stated period or returned if the material has been delivered. In the case of analogue material, postponements can be negotiated.
2. Photographic material may only be shown to a third party for the sole purpose of selecting and viewing. The storage/delivery of image material is not an automatic right to publication. The borrower is held liable for entrusted material until its undamaged return within in the negotiated period of time. The borrower must also cover the costs and bare the risks attached to the appropriate return of the pictures.
3. The approved publication of pictures of people and/or legally protected works and/or objects represented on the borrowed pictures is not part of this contract. The user is responsible for obtaining consent from the authorities in question. Please also consult us before publishing anything in a commercial context.
4. The images/texts may not be used in such a way that distorts the image’s context. The user bears responsibility for changes made to any texts supplied. He is obliged to abide by the German Press Code drawn up by the Deutscher Presserat (German Press Council). Peter Hirth is not liable, either directly or indirectly, for any damages or claims that may arise in connection with the publication of any images/manuscripts supplied.
1. Any kind of usage of our photographic material entails fees which consist of a net price in euro plus the compulsory value-added tax. The amount is established according to the way and to what extent our material is used. These details must be determined in advance. My fees are based on the going rates recommended by the ‘Mittelstandsgemeinschaft Foto-Marketing’.
2. Exclusive rights and/or embargos on images require a special agreement with Peter Hirth and entail a special fee that has to be agreed each time with Peter Hirth.
3. Unregistered and therefore illegal usage can be fined with a surcharge of up to 500%.
4. In case of assignments, the commission fee is no more than a minimum price which functions as a guarantee. Any printed lay-out on a larger scale (title-page, whole page or several pages) must be priced according to the usual rates per page or title. If a fee was previously agreed upon as an assignment or purchase guarantee, it must be paid four weeks after delivery of the pictures, series, colour photographs, manuscripts.
5. By accepting the delivery, the purchaser has acquired the right to a one-time publication (basic right of usage) in the edition of the publication previously named by the purchaser, providing that nothing to the contrary was agreed upon in writing. Subsequent publications in any special or licensed editions of the publication anywhere must be arranged specifically. If no use is made of this right within three months by publishing (pictures/series/colour photographs/manuscripts) it will elapse. This means that the author is free to make use of this right in whatever way he chooses, unless anything to the contrary was agreed upon in writing.
Costs & Charges
1. Storing photographic data from Peter Hirth’s database entails costs. I charge 2.50 € per image for preview photo data and 8 € for high resolution photo data.
2. Costs for processing orders are defined according to the nature and the amount of work involved. For analogue material, there is an additional all-inclusive charge for postage and packaging. Delivery costs are covered by the customer.
3. Original slides must be sent back to us immediately in their original state after printing. We charge 1,500 € per original slide/negative in case of loss or irreparable damage. At the very least we expect costs to be covered for professional repairs on dirtied or partially damaged slides. Either party may provide evidence of how little or how much damage was done. This payment does not ensure ownership or right of usage. In case of loss or damage of replaceable copies we charge the replacement costs and an additional administrative fee.
4. I charge 2 € per weekday for each original slide and print which is not returned to us within the prescribed period (usually four weeks).
Copyright Notice, Author’s Copy
1. Any kind of usage is not only defined by previously settled agreements but also by the laws of copyright. Any publication must include the following copyright notice: “name of author Peter Hirth”. Furthermore, at least two royalty free author’s copies (including reference to place of publication of each picture) per “published author” must be forwarded to Peter Hirth. (This does not apply to films and television. Exceptions can be negotiated in case of commercial usage.)
2. A surcharge of 100% will be added to the fee in question if references to sources/authorities are omitted.
Any subsidiary rights remain reserved. Deliveries to other countries are also negotiated according to German law. Peter Hirth place of jurisdiction is Leipzig.