Terms of Delivery and Business

fine art images




All offers, deliveries, digital transmissions, and the granting of licences are non-binding, and not exclusively subject to the following Terms of Business. Any deviating terms of business of the orderer/user shall only be valid upon written confirmation of Fine Art Images .


Fine Art Images . mainly supplies comprehensive services pertaining to the selection of photographic material, detailed documentation, as well as the provision of digitalised image files. The selected photographic material is supplied in the form of high-quality camera-ready copy (also in digitalised form) and detailed documentation. Additionally, Fine Arts . shall grant any licences that could be acquired from photographs or artists upon request of the orderer/user within the frame of specified use. Fine Art Images . or the author retains ownership of the supplied material. This always applies no matter whether the material was supplied physically or in digital form, and also if the orderer may have obtained it via third parties. Photographic material shall only be supplied temporarily for the acquisition of a licence in the meaning of copyright law (cf. number 2) as well as under industrial property and copyright protection law.


Photographic material for which the orderer/user does not want to acquire or did not acquire a licence, is to be returned within the period specified on the delivery note, or to be deleted or otherwise destroyed in the digital/electronic memory immediately. Photographic material, for which the orderer/user acquired a licence or stated his intended use, is to be returned or deleted at the latest after work production. Should the period of 90 days be exceeded, any extension of the borrowing or storage period shall be subject to Fine Art Images .´s express permission.


Complaints in respect of visible defects are to be notified in writing within 7 days of receipt of the photographic material by the orderer/user. Complaints in respect of technical or otherwise hidden defects within 10 days following their discovery. In the absence of complaints, Fine Art Images .´s liability for any already incurred or still to be incurred costs shall be excluded.


Fine Art Images .´s Terms of Delivery can only be effectively rejected upon immediate return of the supplied photographic material within 3 (working) days of receipt by the orderer/user. If the photographic material was sent electronically or digitally (e.g. via E-Mail or similar) or purchased over the Internet, the Terms of Delivery are to be expressly contradicted via e-mail at the FineArt@images.com address together with the sent confirmation and upon binding declaration that the downloaded or transmitted data were completely deleted, and neither transmitted or otherwise stored, printed or used.


Copyrights and utilisation rights


The orderer/user is to fully specify the extent, type, range of application, and duration of the intended use when ordering, yet prior to technically using the pictures. The permission of use granted by Fine Art Images . is to refer exclusively to the details provided by the orderer/user, and is only valid if provided in writing. If actual use does not match the orderer/user details, the permission of use shall be deemed not to have been granted. Licence releases that are granted for general “online use” or for “Internet” use, shall explicitly apply to all electronic/digital media, like e.g. CD-ROM or other multimedia products.


As a matter of principle, a simple and non-exclusive licence to use the copyright of the photographer who produced the photographic material shall be granted according to the time, location, and content specified in the delivery note or on the invoice, provided nothing to the contrary was agreed, like e.g. in those cases in which only one piece of artwork is supplied. The licence shall be granted subject to the condition precedent of full payment of the fees.


Digital or electronic processing of the photographic material within the frame of the contractually agreed electronic retrieval is only permitted for the orderer´s/user´s own use. Photographic material may only be stored during lawful use and is then to be deleted immediately. Any distribution is prohibited.


Any electronic storage or processing of image files for archiving - or other - purposes of the orderer/user, as well as distribution of the same to third parties outside work production, is not permitted. Likewise, slide duplications, the production of Internet negatives, reproductions, and enlargements, are not permitted. Distribution of the photographic material or distribution of copyrights to third parties or other editorial departments of a publishing company, or to group affiliated companies, is only permitted upon prior written permission of Fine Art Images .


The photographic material may only be used in the original version supplied. Processing is not permitted without Fine Art Images .´s prior written permission. Digital post-production or processing is excepted as long as the picture content is not modified. The orderer/user shall be solely responsible for any post-production of colour and quality-controlled image files, especially originating from art copyrighted authors. In the case of copyrighted works, any authorisation of Fine Art Images . cannot replace other right holders´ necessary permission.


For images whose contents affect other copyrights (e.g. in case of pictured works of fine arts, performing and visual arts, or films that still fall within the protection period prescribed by copyright law), the according licence, as well as other publication authorisations (e.g. from author, collections, museums, copyright collecting societies, etc.) are to be obtained by the user himself.


Fine Art Images . reserves the right to expressly grant other rights (e.g. to copyright collecting societies), and does not acknowledge any clauses according to which the assertion of other rights is to be excluded (like e.g. exclusive right clauses) upon collection of a fee.


Fine Art Images shall undertake every effort to inform the orderer/user about any further owners of rights upon request, yet without obligation. The liability of Fine Art Images . in connection with such information is excluded insofar as Fine Art Images . did not act with intent or in gross negligence.




Any order, use, and purchase of Fine Art Images . photographic material, whether for mere internal selection or for publication purposes, is subject to payment of a fee as described in the following:


Layout fee
Fine Art Images . slide/Ektachrom photographic material is sealed. If the seal is opened without indication of a specific use, a layout fee shall be charged. Fine Art Images . reserves the right to also charge a fee in case of electronic retrieval and printout of its copy, even without further use thereof. This especially applies to the provision of high-resolution picture data without visible water marking.


Documentation fee
For any picture delivery and (electronic/digital) transmission, and the associated costs of research, picture acquisition, and temporary granting of the photographic material, Fine Art Images . shall charge a documentation fee depending on type and extent of the incurred expenses, which can be found in Fine Art Images . current price list. Upon payment of this documentation fee, the orderer/user shall neither acquire licence nor ownership rights. Dispatch or transfer costs are billed separately.


Picture fee/fee for the granting of a licence to use photographic material


The additional picture fee for the granting of a licence to use photographic material is always billed separately. Further costs for the obtention of an additional licence of other authors or other right owners are not included.


Picture fees are also due when using pictures as material for downstream photos, caricatures, drawings, in case of use for layout purposes and customer presentations, as well as upon use of picture details that become an essential part of a new picture through montages, picture composing, electronic picture carriers or similar technologies.


If a pictured object (like e.g. DVD cover, volume, prospect, etc.) appears in a new media, the recognisable picture motive shall thus be subject to new fees, notwithstanding any already paid licences for the same picture in an original use context. This especially applies if it is used for advertising purposes. Such use may only take place upon the express prior written permission of Fine Art Images . Fine Art Images . is to be informed on the exact intended use and its extent.


Picture fees are to be agreed in advance with Fine Art Images . They are dependent on medium, type, extent, and duration of use. If the orderer did not enquire about fees or if no other fee agreement was made, Fine Art Images . will automatically apply its current scale of fees. If the orderer/user does not provide specific details, Fine Art Images . is entitled to charge a flat fee for a specific time, content and location use or to refuse use altogether.


Fees only apply to single use for the indicated purpose, period, extent, and scope of application. Any further use is subject to further fees and always requires prior written permission of Fine Art Images .


Fee payments and advice must be effected upon indication of customer number, picture number, and name of the author/title of the picture. The user is to inform Fine Art Images . about the publication in which the photographic material is to be used. If these details are not available or incorrect, an additional expense fee based on the extent of the additional expense is charged.


All fee details in price lists, offers, and other documents are net exclusive of VAT and social security contributions for self-employed artists.


Agency and copyright notice/complimentary copy


With regard to § 13 Copyright Act, Fine Art Images . explicitly requests an agency and copyright notice to prevent any doubts concerning the allocation of the respective picture. Collective pictures may thus only be used insofar as they make it possible to allocate a picture without a doubt. This also applies to use in advertising or in case of spots in films or TV programmes or other (also digital) media if no explicit special agreement was made.


Under § 25 Publishing Act, at least two unrequested complete complimentary copies of each publication in print are to be sent to Fine Art Images . free of charge. Written information is to be provided on all other uses upon indication of the exact source (publication, page number, on the Internet: domain, heading).


In case of electronic/digital processing of the photographic material, the agency and copyright notice is to be linked with the image data in such a way that details are also retained in case of transmission and public distribution.


Orderer liability


The orderer/user shall be liable towards Fine Art Images . for any unauthorised or right-infringing use of the photographic material, especially in case of unauthorised distribution, exceeding agreed intended use or extent of use, missing agency/copyright notice or distortion.


The orderer/user shall be liable for the deletion of the digital/electronic image data following use/work production and in case of non-use.


The orderer/user is to observe the publication basic principles of the German Press Council (Press Code). He is also liable for any falsifications in image and word, texts, distortions of copyrighted works, especially through signing, subsequently photographing, photo composing or electronic aids, as well as any uses that may result in the degradation of pictured persons or violate general personality rights. This especially applies to any use of image and text contrary to agreement or any distortion of meaning.


The dispatch risk for returns shall be at the orderer´s/user´s expense. The orderer/user shall bear all risks and costs for complete and proper returns, as well as improper and poor packaging, and is also liable for damages in case of damage or loss, even if returns to the picture agency was carried out by third parties commissioned by the orderer/user. Returns shall also be considered incomplete in the absence of picture templates and marking. Any administration costs of Fine Art Images . shall be borne by the orderer/user.


The orderer/user shall relieve Fine Art Images . of all third-party claims in the event of third party right infringement (cf. esp. numbers 2.6; 5.3).


Liability of Fine Art Images .


Fine Art Images . shall not accept liability for any damage incurred by the orderer/user as a result of third-party owner asserting claims, unless Fine Art Images . expressly made an according written release statement, or caused the damage intentionally or by gross negligence. The general release statement granted by Fine Art Images . with regard to such rights as assumed by Fine Art Images ., does not expressly include the assurance that pictured persons or other right owners of pictured copyrighted objects had consented to the orderer´s/user´s use.


Contractual penalty/lump-sum damages


Damages are to be paid for damaged or not returned pictures. For pictures that are damaged to such an extent as being unusable or lost, damage is to be reimbursed up to the total amount for the actual replacement of a picture up to maximum amount of €500,00-. For duplicate slides that can be reproduced, the costs are €150,-, for black&white pictures €25,00,-. Archive and manual extracts of author photographs are not authorised; in case of supply to art retailers, Fine Art Images . shall demand damages with respect to the works and collector market maintenance, as well as distribution of the proceeds.


In case of unauthorised use (especially also when exceeding the agreed scope of use), distribution, or distortion of Fine Art Images . photographic material in analog or digital/electronic form, in case of unauthorised distribution of copyrights to third parties, in case of unauthorised production of slide duplicates, Internet negatives, reproductions and enlargements for archiving purposes of the orderer/user (also in digital/electronic form), as well as in case of distribution to the same third parties, Fine Art Images . shall demand damages as are customary in the industry subject to payment of usual usage fees (e.g. on the basis of the picture fees determined by the Photo marketing SME Community or the Fine Art Images . price list).


In addition to the usage fee, blocking fees may be levied if physical photographic material for which the orderer/user acquired a licence and/or stated his intended use, is not returned upon expiry of 90 days of receipt or within the agreed term under number 1.3. Blocking costs in case of exceeded deadline are €15,- per unit and broken month for colour slides, and €8,- for black-white photos.


In the absence of copyright and/or agency notice, Fine Art Images . shall be entitled to payment of a surcharge amounting to 100% on the respective usage fees exclusive of any administration costs.


In the absence of a notification on utilisation, Fine Art Images . shall charge a fee for media control and a surcharge of 200% for unauthorised use on the fees to be calculated according to the Fine Art Images . price list.


The respective amounts shall be deemed agreed without Fine Art Images . having to give a detailed statement of the damage. Amounts are calculated based on the lack of further use options subject to further damage claims and blocking costs (up to the amount of the prescribed damages in case of loss/destruction). The orderer/user is free to prove that the damage was lower in individual cases.


Terms of payment, place of jurisdiction, miscellaneous


Fine Art Images . invoices are always to be paid net within 14 days.


The place of jurisdiction and performance is Wiesbaden insofar as the orderer/user is a merchant in the meaning of the German Commercial Code, a public law entity, or public law special fund.


These terms shall be exclusively governed by German law to the exclusion of UN purchase rights, even if the case of foreign deliveries.


Should one or several individual provisions of these Terms prove to be invalid or unworkable, the legal validity of the remaining provisions shall not thereby be affected. The parties agree to replace the invalid provision with one that comes closest to the economic purpose and intent of the original provision.

  Wiesbaden, 8th March 2006