Terms of Business
A. General Terms
- By ordering digital photo material one accept the following terms of business. Varying terms of businesses from the customer need a written permission from “Pressefotos und Reportagen Franz Neumayr”.
- Photo material delivered via internet is unrestricted property of “Pressefotos und Reportagen Franz Neumayr”. All photo material will only be made temporarily available through rights of use.
- Any publication or any other use of photo material will be charged. All photos are copyright protected.
- Ordering photo material and images online will be free of charge until further notice. All other and further use must be reported to “Pressefotos und Reportagen Franz Neumayr” and will be charged.
- Fees are to be agreed upon prior to use. They alter by means and range of use. Their basis in media sector are the fee guidelines of the Austrian “Zeitungsherausgeberverband”. Publication or use of photo material by any other means will use the fee guidelines of the Austrian “Fotografeninnung”. All prices are without VAT(value-added tax) or any other legal taxes.
- Fees are only valid for single use, the declared purpose, range of use and speech area. Each further use will be charged again and will need our written permission in advance. All fees are due right after publication and must be paid to the bank account of “Pressefotos und Reportagen Franz Neumayr”. All necessary information will be sent to you with your ordered photos.
C. Right of disposal and use
- All photos are to be treated as originals. Basically only the right of use on the photographical copyright are passed on. Further and extended copyright laws, personal protection laws and the sort need to be obtained by the user himself . By publication of people no texts or captions are to be used that do not suit the meaning of the picture. People are not to be slandered or calumniated by texts or captions. In case of doubt the caption “posed scene” or the like must be added clearly readable to the picture. The publication of famous people will only be allowed for editorial use and only if their names are stated. By ignoring any of the quoted rights of disposal and use, and therefore occurring claims or demands only the user of the photo material will be held responsible for.
- All files are to be treated as uncials. Passing on to third parties, “digital composing”, editing, copying or alienating by any means is basically prohibited and in case of doubt need a permission from the owner. Furthermore also the storage in image or photo databases or achieves, as well as trading and selling of the photo material in general and especially on CD’s and on the internet is strictly prohibited. The user of the photo material also has to take care, that photos can still be clearly assigned, even to a later time of moment and after use, to “Pressefotos und Reportagen Franz Neumayr”.
D. Copyright/Specimen copy
- On use, the copyright note “Foto: Franz Neumayr” has to be quoted. This has to be done in a way that it can be indisputably assigned to the photo. Exceptions need the permission of “Pressefotos und Reportagen Franz Neumayr”.
- If the copyright note is missing without the permission of the owner, “Pressefotos und Reportagen Franz Neumayr” has the right to claim a charge of 100% of the actual use fee. All other violations against the terms of business will be charged with a lump sum of compensation in maximum height of five times of the actual use fee. We keep the right to demand further claims for damage.
- Sending a specimen copy or exact description of use to “Pressefotos und Reportagen Franz Neumayr” is a must for the customer.
- For all shipments, even abroad, the valid domicile is Salzburg Austria. Only the Austrian law is valid.
Should one or even more points of the terms of business be invalid, all other points stay unrestrictedly valid.