General Terms and Conditions

for the Provision and Use of Image Material

Where possible, the Fotothek makes image material available under the following terms, insofar as the condition of the original allows and no third-party rights or interests deserving of protection prevent this.

1. Production

For conservational reasons, the Fotothek reserves the right to produce copies of the original in the most careful manner (photography or digital image capturing) and to refuse orders (also parts of orders) after they have been placed.

 

2. Supply and delivery of image material

The Fotothek makes the material ready for collection in Weimar or sends it to the customer by prior agreement. Orders to be dispatched incur additional costs for postage and packaging.

 

3. Complaints

Complaints related to obvious defects may only be lodged within two weeks of receipt of the image material. This deadline is not a preclusion period. To ensure compliance, it is sufficient if the complaint is sent before the deadline expires.

In cases where the complaint is justified, the Fotothek will undertake to replace the material as far as it is possible. If this is impossible, the customer may withdraw from the contract or request a discount.

Complaints, withdrawals and discount requests must be sent to:

Klassik Stiftung Weimar
Fotothek
Platz der Demokratie 4
99423 Weimar
Phone: +49 (0) 3643-545-234
Fax: +49 (0) 3643-545-822
foto1@klassik-stiftung.de

 

4. Liability restrictions

The Fotothek is only liable for cases of malicious intent and gross neglect, limited in each case to the damage which would normally be expected.

 

5. Use of graphic material

The customer is obliged to provide the Fotothek with all information necessary to determine the purpose of use and the utilisation fees to be paid (e.g. type of use, copies in circulation, area of circulation).

The Fotothek will grant the user a non-exclusive right of use for one-off utilization of the image material for the purpose given on placing the order. Express agreement must be obtained from the Fotothek prior to any other use of the material.

Image material may only be passed on to any third party by special agreement. The Fotothek reserves the right to prohibit the intended use of the material in individual cases.

 

6. Protection of third-party rights

The customer is responsible for the protection of third-party rights (e.g. copyright, personal rights). This does not apply to rights expressly transferred to the customer by the Fotothek.

 

7. Acknowledgement of source

The customer is obliged to insert the following acknowledgement whenever the materials from the Fotothek are used: “Source: Klassik Stiftung Weimar” and the photographer’s name (with year and location of photo) where appropriate. When publishing illustrations of artworks, the location of the original must be given.

 

8. Sample copies

If image material from the Fotothek appears in print, the customer in principle is obliged to provide a copy free of charge without being requested to do so.

 

9. Costs

Image material is produced at the customer’s expense; expenses are calculated as per the respectively valid version of the fee scale set by the Klassik Stiftung Weimar.

These expenses are charged independently of the utilisation fee; payment of these expenses does not entitle the customer to any rights of utilisation and exploitation beyond those of private use.

 

10. Utilisation fee

Any utilisation of material from the Fotothek other than for private purposes is subject to a fee. The amount to be paid depends on the nature and scope of use (e.g. medium, copies in circulation, area of circulation) and is calculated as per the currently valid version of the fee scale set by the Klassik Stiftung Weimar.

Fee agreements are only valid per image for the precise purpose described. Any other form of use (e.g. publisher announcements, advertising, paperback editions, licensing) is subject to additional fees and must be agreed in advance.

If image material from the Fotothek is used without prior agreement or for any other purpose than that which has already been approved, the utilisation fee due as per the fee scale set by the Klassik Stiftung Weimar will increase by 100% irrespective of any other receivables.

Fees are due no later than at the time the material is used. Abandonment of the purpose of use does not entitle the customer to reimbursement of any fees already paid.

 

11. Payments/invoices

Payments must be made without deductions by the date given in the invoice as calculated from the calendar. If payment is to be made in advance, the material will be prepared and (where appropriate) dispatched as soon as possible after receipt.

In the case of late payment, the Klassik Stiftung Weimar charges an additional reminder fee of € 3.00 for each reminder issued.

 

12. Final conditions

For orders placed by commercial agents, legal entities under public law and federal special funds under public law, the place of fulfilment and jurisdiction is Weimar.

The law of the Federal Republic of Germany applies to all deliveries – including those made abroad.

Deviations from the General Terms and Conditions must be agreed in writing. Alternative terms proposed by the customer are expressly vetoed.

 

Projects of the Klassik Stiftung Weimar are funded by the European Regional Development Fund (ERDF) and the Free State of Thuringia, represented by the State Chancellery of Thuringia, Department of Culture and the Arts.

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