General Conditions of Application: loan and rental of photographic documents and transfer of copyright
- Photo Bank and Lending Company:
- Author or Photographer:
- The author of the document and his successors in interest
- The picture researcher
- Third Parties Represented:
- The people shown on the photographic document as well as the owner of the goods or works represented and their successors in interest.
- The user, advertiser, publisher or producer of the use.
The law dated March 11, 1957, and all later laws on the author’s copyright and the law dated July 17, 1970, on the person’s rights to his/her image protect the works. Therefore, the photographic documents rented by ANDIA cannot be used in any form nor any place without our prior written agreement (order form approved by our company), preceding the invoicing and with all proper reserves of the conditions representing the object of the contract.
ANDIA sends out photographic works, manages the copyrights of the works they own, either by transfer or by mandate and has authority from the authors they represent to assure and defend their rights on their works.
ANDIA guarantees the Client and the Buyer against any use of the photographs sold, with all proper reserves of the respect of the limits of the transfer of copyrights obtained by the contract and our agreement of the corresponding and detailed order form.
2) TERMS OF THE CONTRACT: ACCEPTANCE OF THE REQUEST FOR AUTHORISATION AND TRANSFER OF REPRODUCTION AND/OR REPRESENTATION RIGHTS (LAWFUL USE)
On receipt of the request for authorisation, ANDIA shall forward an estimate and/or an invoice indicating the conditions of payment, and, according to the type of document selected, the intended use and context indicated, the amount of royalties, any corresponding appreciation, obligation or restriction, and administration costs. The authorisation is expressly subject to the regulations on reproduction and/or representation rights for the period indicated on the invoice.
The authorisation to use a photographic document is subject to the express condition of the effective payment of the royalties due. Rights will be cancelled in all other cases. Consequently, no photograph may be used without the payment of the corresponding royalties, should this not be the case, the licence contract will be automatically rescinded and the reproduction or representation of the document will be considered as a breach of the rights of ANDIA and the Author.
Any reproduction and/or representation of any nature whatsoever that does not conform to the conditions of the authorisation granted on the basis of the information provided by the Client shall be deemed to be infringement of copyright and shall give rise to entitlement to compensation to ANDIA that shall be no less than five times the value of the basic royalties for the corresponding first single use.
3) PRICES: ALL OUR PRICES ARE STATED EXCLUSIVE OF TAX.
3a) Fees for use:
They shall be negotiated according to the different uses.
3b) Fees for loan without use:
The Photo Bank reserves the right to charge the Client if ANDIA has searched for photographic documents that the Buyer has sent back without using them.
3C) fees in the event of failure to return the photograhs within the agreed time limit:
Should the photographs not be returned within the time limit indicated, a fixed daily charge shall be payable. The amount will be 10 Euros per day and per photo.
3d) Fees for digital mock-up:
Any uses as a digital mock-up or lawful duplicate justify the invoicing of fees.
3e) Fees for loss or damage:
3f) Fees for absence of legal mentions:
See § 7
3g) Fees for absence of documentary evidence:
See § 9
4) RESPONSIBILITY FOR THE LOAN
The Client shall assume full responsibility for the documents from their delivery to their return to ANDIA.
The photographic documents confided to the Buyer have been technically checked by ANDIA before sending and are in a perfect state, unless otherwise mentioned on the contract. All photographs shall be returned in their original masks or sleeves, free of any annotation or modification by any technical process whatsoever.
4b) Return of the documents:
Any return of document must be made by recorded delivery, well protected or handed over personally with the return note numbering the documents and making clear the consequences of the loan. ANDIA has the time of 3 working days to control the state and the quantity of photos, the faithfulness of the written texts concerning the photos and notify any reclamation by recorded letter.
4c) Failure to return the documents:
Should the photographs not be returned or lost within the time limit indicated, a fixed charge of 900 euros per photograph shall be payable. The burden of proof with regard to the observance of said time limit shall fall to the Client.
Should the Client cancel the request for authorisation for reproduction and/or representation of the photographs, the Client shall be liable for a fixed penalty of 10% of the invoiced fees. Any cancellation shall be sent by recorded postal letter with acknowledgement of receipt within 7 days after the reception of the order.
If the cancellation occurs after the legal time, the Client shall be liable to 100% of the amount of the invoice exclusive of tax.
6) PROPERTY OF THE DOCUMENTS AND RIGHTS
The documents of the Photo Bank remain the property of their Authors or their successors in interest. The Photographs shall not be made available for sale, but shall be made available solely and exclusively for rental and for loan purposes.
6a) Acquisition of rights:
The authorisations and rights shall be attributed according to the accuracy of the information provided by the Client regarding the intended use and context for such use without prejudice on rights owing to other uses, repeated uses or simultaneous uses.
6b) Exclusive rights:
The transfer of reproduction and/or representation rights shall not be exclusive, except if mentioned in written form.
6c) Use extension:
Other uses may be added to the original order. They shall be the subject of a prior demand and price negotiation.
6d) Derived documents:
It is forbidden to reproduce, represent, use, transfer or give away the derived documents, such as computer or electronic supports or their content, etc., apart from the uses and works authorised by the transfer of copyright.
6e) Responsability for the documents and their use:
The Buyer shall assume full responsability for all use, loss or damage and their consequences, especially if he/she confides the documents to a third party. In case of unlawful use by a third party, ANDIA may also involve the third party’s responsibility.
7) SIGNATURE AND LEGAL NOTICES
With regard to signatures and obligatory references, the signing of each reproduction, representation or interpretation constitutes a legal reference, regardless of the form, scale or confidential nature of the use. This legal mention, called “Copyright”, must be stated with the photographs (See law dated March 11, 1957). The exact and complete names of the Author and ANDIA as indicated on the mask, on the sleeve or on the reverse of each photograph shall feature legibly on or beside any reproduction or representation.
Example: ©DUPONT/ANDIA. In the absence of signature, we will charge by right a surcharge of 100% of the basic fee.
8) NON RESTITUTION, DAMAGE OR LOSS OF A CONFIDED DOCUMENT
The Client shall assume full responsibility for the documents from their delivery to their return to ANDIA in accordance with the procedure. In the event of loss or damage, a minimum fixed penalty shall be payable, the amount of which is specified in Article 13) of this Agreement. This penalty is independent of any other fee and does not constitute any cession. The Client may take insurance for the confided documents.
9) SUPPLYING OF DOCUMENTARY EVIDENCE
With regard to documentary evidence, the beneficiary hereby undertakes to forward to ANDIA free of charge full original documentation in duplicate concerning each instance of use of the photographs for publication or reproduction within a month of publication. (See law dated March 11, 1957). Should the Client fail to observe the legal and conventional conditions, ANDIA shall be entitled to invoice the amount of a basic transfer fee by right after demand by recorded letter with acknowledgement of receipt.
In the absence of prior agreement from ANDIA, the Client shall refrain from making any copies of the documents and from having copies made by any third party. If necessary, the Photo Bank will be in charge of the realisation of these copies. The charges for the duplication will be chargeable to the Client. The duplicates remain the the Photo Bank’s property.
11) RIGHTS OF REPRESENTED THIRD PARTIES
ANDIA, by contract with their Authors, has most of the authorisations of the Represented Third Parties. Nevertheless, the Client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured. The restrictions for use shall be indicated on the corresponding contracts, letters or invoices according to the intended use and the context indicated by the seeker. The Client shall waive any third party complaint against ANDIA in the event the rights are only those of the Photographer and not those of the Third Parties Represented.
12) INTERPRETATION OF THE DOCUMENTS
In the absence of prior written agreement by ANDIA, no reframing or adaptation shall be made to the photographs in any form and by any technical process whatsoever. Failure to observe this clause shall involve the Picture Researcher’s responsability towards the Represented Third Parties and the Photo Bank.
13) GENERAL AND SPECIAL CONDITIONS
Any rental or loan of documents as well as any use or consequence implicates the complete understanding and acceptance of the general and particular conditions stated on the loan and rental contract note which is at the origin of any commercial transaction with the Client.
The payment of our invoices shall be made on reception of the photographic documents, except in the event of a prior agreement negotiated with ANDIA. A deposit of guaranty or advance may be demanded.
15) ASSIGNMENT OF JURISDICTION
Our contracts are governed by the French law. ANDIA and the Client hereby expressly agree that any disputes arising from this agreement shall be submitted to the courts of RENNES.