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Terms and Conditions (AGB)

General information

The image database of the Deutsche Fotothek of the SLUB contains image documents from the holdings of the Deutsche Fotothek as well as from cooperating collections.

The Deutsche Fotothek makes its own photographic material available under the following conditions only. These shall become effective upon acceptance of the delivery or downloading of the photographic material, at the latest, however, upon its use and also for all subsequent deliveries or uses. Any customer's terms and conditions are not part of the contract; they are hereby expressly rejected.

Pictures from partner institutions can usually be ordered from the institutions indicated as owners under the conditions applicable there. A download option (see section 5) is not available for this image material.

1. Order an Delivery

Images from the Deutsche Fotothek can be ordered for a fee in various formats and resolutions via the shopping cart module of the image database or by email. The respective fees are regulated by the schedule of fees.

The acquisition of a picture from the Deutsche Fotothek does not include the assignment of rights of use. The provisions for the use of photographic material from the Deutsche Fotothek are laid down in Section 3 of the GTC.

Pictures will only be provided for the agreed purpose of use. Any kind of use requires the explicit permission of the Deutsche Fotothek in advance. The orderer is obliged to inform the Deutsche Fotothek of all details (e.g. number of copies, image size, distribution area, stand duration, etc.).

Images of the Deutsche Fotothek may not be reproduced, copied, digitised, duplicated, archived, stored (e.g. lithographs, films, electronic media), altered or used in any other way without our prior approval. This also applies if the photographic material is taken into possession via third parties (e.g. in the case of publishing house takeovers etc.) or from other sources (e.g. from printed works). A passing on to third parties is only permitted for inspection, selection and technical processing for the agreed use.

The low resolution digital copies made available by the Deutsche Fotothek for Wikimedia Commons are excluded from these provisions. These are subject to the terms of the Creative Commons Attribution ShareAlike 3.0 Germany license model. Furthermore, private and scientific use is excluded, which is regulated in section 4 of the GTC.

2. Download

Images from the Deutsche Fotothek are offered for download in preview quality in the database if no third party copyrights are affected. For the use of the downloaded pictures the terms of use described in section 3 of the GTC apply. By downloading you accept these terms of use.

3. Use of Images / Terms of Use

The use of images from the Deutsche Fotothek (including electronic forms) is subject to approval and costs. The usage fees are not included in the stated fees for the delivery of ordered media.

The amount of the usage fees depends on the type and extent of use (medium, circulation, image size, distribution area, stand duration, etc.). Unless otherwise agreed, the fees and charges of the Deutsche Fotothek shall apply. If the customer's details are missing or insufficient, the Deutsche Fotothek is entitled to charge a flat fee.

The user must always obtain a usage permit before use. Flat-rate agreements for precisely defined forms of use are possible, but must be made in writing. Usage agreements apply to the one-time use per image for the exactly designated purpose, e.g. the one-time publication in a specific project (book, CD-ROM etc.) for the first edition in the original language or the one-time broadcast by a broadcaster for the agreed language area. Any other use (such as publishing house announcements, work templates, layout, advertising, reprints, paperback editions, licensing, video, composing, digitization, online and offline use, etc.) is again subject to a fee and requires prior written agreement.

The user is obliged to provide all information required for billing purposes without being asked. In the case of unregistered and thus unauthorized uses, the Deutsche Fotothek is entitled to charge an infringement surcharge (contractual penalty) of 200% on the otherwise required usage fee for the respective use in accordance with its General Terms and Conditions.

The usage fees are due as follows:

DOMEST: by use
ABROAD: when placing the order

Fees already paid will not be refunded if the purpose of use is abandoned.

Permission for the use of photographic material from the Deutsche Fotothek is deemed granted if the requested use is not objected to within 14 days.

The digital copies made available by the Deutsche Fotothek für Wikimedia Commons in limited quality are exempt from the obligation to pay fees. These are subject to the terms of the Creative Commons Attribution ShareAlike 3.0 Germany license model.

The private and scientific use of photographic material from the Deutsche Fotothek, which is regulated in Section 4, is also excluded.

4. Private and scientific use

Images from the Deutsche Fotothek may be used for private or scientific purposes (teaching, teaching and research) free of charge and without a written application, as long as picture credits are provided in accordance with Section 5 and a voucher copy is sent in accordance with Section 6. We reserve the right to prohibit the use in individual cases.

Private and scientific use is defined as print products with a circulation of less than 1000 copies and websites that are not for profit.

5. Credits

Images from the Deutsche Fotothek's holdings must be accompanied by the following photo credits for each publication:

SLUB / Deutsche Fotothek, Name of Photographer

In the case of reproductions of works of art and collection objects, the location of the original must also be mentioned. There may be no doubt about the assignment of the photograph and proof of origin. Online publications must also include a link (PURL) to the relevant data record. The PURL, e.g. http://www.deutschefotothek.de/obj32024072.html, can be found in the respective data record.

Non-compliance with these obligations increases the usage fee by an infringement surcharge of 100%.

6. Specimen copies

If photographic material of the Deutsche Fotothek is published in print products, the customer must provide a voucher copy without request and free of charge. The corresponding illustrations must be marked. The Deutsche Fotothek is entitled to purchase further copies at a preferential price in accordance with §26 of the german "Gesetzes über das Verlagsrecht". If used on the Internet, the URL of the appropriate place on the website must be reported to deutsche.fotothek@slub-dresden.de.

7. Availability

The user has no right to permanent access to the image database. The Deutsche Fotothek is entitled to temporarily or permanently switch off the server and to change or delete stored content.

8. Payments

ZPayments must be made within 30 days of receipt of the invoice without deduction. All bank charges or costs incurred by Deutsche Fotothek due to the return debit of dishonoured cheques etc. shall be at the customer's expense. Deviating regulations are to be agreed in writing. In addition to the costs for the reminder, the statutory default interest is due in the event of default of payment without proof of actual use of bank loans. The Deutsche Fotothek asks to refrain from payments before receipt of invoice.

9. Kosten

The selection and delivery (including digital transmission) of photographic material shall be at the customer's expense. Furthermore, the Deutsche Fotothek can charge processing costs, which depend on the type and extent of the work involved. If the customer arranges for scans or photographic or repro-technical work, he shall bear part of the costs, depending on the resolution, size, scope, etc.

10. Complaints

Complaints must be made (in writing) within 48 hours of receipt or retrieval of the photographic material at the latest. Otherwise it shall be deemed to have been received in accordance with the regulations and the contract. In the event of justified complaints, the Deutsche Fotothek undertakes to make a replacement delivery within the scope of its possibilities. If a replacement delivery is not possible, the customer can withdraw from the contract or demand a price reduction. .

11. Liability

The Deutsche Fotothek is only liable in cases of intent and gross negligence, however, limited to the damage that can be expected according to the normal course of events.

In the case of analogue photographic material made available on loan, the customer is liable for the undamaged return and contractual use of the photographic material as well as for all claims resulting from its use. Damaged or lost photographic material must be compensated for. By paying a sum of damages, the borrower acquires neither ownership nor rights to this photographic material. The amount of compensation without further proof is Euro 50.00 per black and white (reproduction) and Euro 100.00 per colour photo (duplicate) or Euro 500.00 (b/w) and Euro 1000.00 (colour), if it concerns original or other non-recoverable picture originals (unique copies). This does not exclude any further claims for damages on the part of the Deutsche Fotothek. The customer reserves the right to prove a lower amount of damage in individual cases. If the goods are subsequently returned undamaged, these amounts will be reimbursed after deduction of the blocking costs. If photographic material - analogue or digital - from the Deutsche Fotothek is used contrary to the agreements made, the Deutsche Fotothek is entitled, without prejudice to further claims, to charge an infringement surcharge (contractual penalty) of 400% on the usage fee for the respective use otherwise demanded by it.

12. Rights

Unless otherwise agreed, the Deutsche Fotothek transfers a non-exclusive right of use for one-time use for the agreed purpose. The user is responsible for the protection of further rights (e.g. copyrights to depicted works of art, personal rights, rights from the trademark law). This does not apply to rights which the Deutsche Fotothek expressly assigns to the orderer. For photographs of works of art protected by copyright (up to 70 years after the death of the artist), we endeavour to obtain appropriate information. However, there is no obligation to provide this information. In many cases, the additional rights to use the work of art can be acquired from the BILD-KUNST collecting society (http://www.bildkunst.de).

13. Place of jurisdiction

Place of jurisdiction is Dresden. The laws of the Federal Republic of Germany shall also apply to deliveries abroad.