UTILIZATION RIGHTS. 1. The customer shall fundamentally only receive simple rights for one-‐time utilization. Subject to any other agreements, the right of publication on the Internet or inclusion in digital databases shall be limited to the duration of the publication period of the corresponding or a comparable printed item.
2. Exclusive utilization rights, exclusive rights for certain geographic territories or periods of time shall be subject to separate agreement as well as a surcharge of at least 100 % on top of the basic fee in question.
3. Upon the photographic material being delivered, only the utilization rights shall be granted for one-‐time use of the photographic material for the purpose specified by the customer and in the publication, medium or data vehicle which has been stated by the customer or can be reasonably assumed in the light of the circumstances surrounding the placing of the order. In the case of any doubt, the purpose for which the photographic material has been supplied as evidenced by the delivery note or the recipient address shall be decisive.
4. Any use, exploitation, dissemination, copying or publication going beyond the scope provided for in Section 3 above shall be subject to separate remuneration and require the photographer’s prior written approval. This shall particularly apply to – secondary exploitation or publication including but not limited to anthologies, product-‐related brochures, advertising or, in the case of any other types of reprinting, any editing of or modifications or changes to the photographic material, – digitalization, storage or duplication of the photographic material on data media of any type (e. g. magnetic, optic, magneto-‐optic or electronic media such as CD-‐ROM, DVD, hard disks, RAM, microfilms etc.) other than for the technical editing and management of the photographic material pursuant to III. 5. herein, – any reproduction or utilization of the photographic data on digital data media, inclusion or display of the photographic data on the Internet or in on-‐line databases or other electronic archives (including the customer’s internal electronic archives), – the transmission of digitalized photographic material by data transmission lines or on data media for reproduction on screens or for the production of hardcopies.
5. Any modifications to the photographic material using photo composing, mounting or electronic means to produce a new copyright work shall require the photographer’s prior written approval ...
UTILIZATION RIGHTS. 1. The customer shall fundamentally only receive simple rights for one-time utilization. Editorial application is permitted.
2. Each individual use, utilisation, copying, distribution or publication is subject to a fee. The photographer is also to be informed of its method, scope and duration. This is especially applicable to: - the second use or second publication, in particular in anthologies, brochures accompanying products, in advertising campaigns or other reproductions, - any copying or use of the photo data on data carriers, - any photographing or reproduction of the photo data in electronic archives, in so far as it is not concerned with the storing of the material in the customerʼs internal archives for purposes of inspection, selection and technical processing.
3. The use of the photo material apart from for editorial application purposes requires written consent by the photographer, in par- ticular for advertising purposes, textual misrepresentation and for uses of different meanings. The user is responsible for the truthful captions to the photos.
4. Any editing, changes or redesigning of the photo material, the use in montages or the creation of a new work protected by copy- right, require my prior written consent and are only allowed with the [M] identification. The photo material may not be initialled, photographed in any other form, or be otherwise used as a logo.
5. Exclusive usufructs, media-related or special exclusive rights or periods of closure must be specially agreed and are granted on condition that a supplementary charge of at least 100% over and above the basic price is paid.
6. When using the photos, the client is obliged to observe the journalistic principles – the journalistsʼ code - of the German Press Council (Deutscher Presserat).
7. When using the photos, the client is obliged to observe the general rights of the individual and the right of the depicted person, and to not act contrary to these rights. The client is obliged to obtain any necessary permits and is liable for claims for damages arising from this.
8. The client is not authorized to pass on the conceded usufructs to third parties either wholly or in part.
9. Any utilization, reproduction or passing on of the photo material is only permitted on the condition that the photographerʼs copy- right symbol is displayed. In the case of an omitted, incomplete or wrongly placed copyright symbol, a supplementary charge of 100% of the userʼs fee is payable.
10. Each unautho...
UTILIZATION RIGHTS. 3.1 Subject to other agreement, we grant the customer a simple, non-expiring utilization right to the subject matter and objects of the agreement, for single- or multiple-workstation use as agreed in each case. Absent an express agreement, the utilization right is granted exclusively for the country where the customer is head- quartered. The utilization right may be simultaneously exercised
3.2 The customer may use the software only for its own purposes and the purposes of enterprises with which it is affiliated within the meaning of Section 15 German Company Law (Group Com- panies). In particular, use of the software is permitted only with our prior written consent if it
3.3 Copying software is permitted only to the extent necessary for use in conformance with the agreement. The customer may make backup copies of the software to the necessary extent in accor- dance with the technical rules. Backup copies on physical data media must be marked as such and must bear the copyright notice of the original data medium
3.4 If the customer purchased the software through online download, it is permitted to copy the software onto a data medium when sharing it in accordance with Section 8. Moreover, our right to the online copy corresponds to the right to the software provided on a data medium.
3.5 The customer is authorized to modify, expand, or otherwise revise the software within the meaning of German Copyright Law (UrhG) Section 69 (c) (2) only to the extent unconditionally permitted by law. The customer does not have its own utilization and exploita- tion rights to such revisions going beyond its rights to the original software. We may require the customer to fully and completely transfer to us any property rights arising by law, or to grant us exclusive utilization rights. In return the customer will receive from us utilization rights in the contractually agreed scope. The custo- mer is prohibited from copying or revising the application docu- mentation.
3.6 The customer is authorized to decompile the software only within the limits set forth in German Copyright Law (UrhG) Section 69 (e), and only if we are in delay (despite a written demand setting a reasonable deadline) with providing the data and/or information needed by the customer in order to establish interoperability with other hardware and software.
3.7 These Special Conditions also apply to any supplement (e.g., patch) or new edition of the software (e.g., update or upgrade) that supplements the origi...