Photographic work: Works as defined in Article 10 paragraph 1 sub 9 of the Copyright Act, or other works in the sense of the Copyright Act that can be equated with such photographic works.
Photographer: User as per Article 6:231 Civil Code.
Counterparty: Counterparty as per Article 6:231 Civil Code.
Use: Reproduction and/or disclosure as defined in Article 1 in conjunction with Articles 12 and 13 of the Copyright Act.
These general terms and conditions apply to all legal relationships between a Photographer and a Counterparty, including quotes, order confirmations, oral or written agreements, even after termination, unless parties have deviated from these conditions in writing and expressly.
3.1 If no compensation is agreed upon, the photographer unilaterally determines a reasonable and fair compensation, taking into account the extent and scope of the desired use of the work by the counterparty.
3.2 Necessary costs and/or additional work shall be reimbursed by the Counterparty.
4. Invoice and Payment
4.1 Payment must be made within 14 days after the invoice date.
4.2 If the photographer does not receive the amount due within the term specified in 4.1, the Counterparty owes statutory interest plus 2% on the invoice amount.
4.3 If the Counterparty defaults or otherwise breaches one or more obligations, including copyright infringement, all costs incurred by the Photographer to obtain satisfaction both in and out of court shall be borne by the Counterparty.
4.4 No use of the Photographic work in any way is allowed as long as the Counterparty has any outstanding invoice from the photographer.
Complaints about delivered work must be communicated in writing/by email to the Photographer as soon as possible, but no later than ten working days after delivery of the photographic works. The Photographer has the right to deliver good work for rejected work within a reasonable period, unless this would cause disproportionate damage to the Counterparty.
6.1 The Photographer has the right to carry out anything not expressly described in an assignment agreement according to their own technical and creative judgment.
6.2 Changes to the assignment by the Counterparty for any reason shall be borne by the Counterparty and shall only be carried out by the Photographer after a separate cost estimate has been signed and returned by the Counterparty.
6.3 In the event of cancellation of an assignment agreement by the Counterparty at any time and for any reason, the Photographer is entitled to the agreed compensation. In case of cancellation, the non-professional client is only liable for a reasonably determined part of the compensation, taking into account the work already performed.
Copyright in the photographic works always remains with the Photographer.
8.1 Permission for use of a Photographic work by the Counterparty is granted solely in writing/by email and in advance, in the form of a license described in the quote and/or order confirmation and/or the corresponding invoice.
8.2 If the extent of the license is not specified, it never includes more than the right for one-time use, unchanged, for one purpose, circulation, and method as intended by the parties at the time of the agreement.
8.3 Exclusive exploitation must be explicitly agreed upon in writing and is not covered by the exploitation right mentioned in Article 8.2.
8.4 The Counterparty is not allowed to transfer the exploitation right described in this article to third parties without prior written consent from the Photographer.
8.5 Unless otherwise agreed, the Counterparty is not authorized to grant sublicenses to third parties.
9. Copyright Infringement
9.1 Any use of a Photographic work not agreed upon is considered a copyright infringement by the Photographer.
9.2 In the event of infringement, the Photographer is entitled to a compensation of at least three times the usual licensing fee for such use, without losing the right to compensation for other damages incurred.
10. Attribution and Moral Rights
10.1 The name of the Photographer must be clearly indicated with any used Photographic work, or a reference to the work must be included in the publication.
10.2 The Counterparty must always respect the moral rights of the Photographer as per Article 25 paragraph 1 subcend A.
10.3 For any infringement of the Photographer's moral rights as per Article 25 of the Copyright Act, including the right to attribution, the Counterparty owes a compensation of at least 100% of the usual licensing fee, without losing the right to compensation for other damages.
11. Liability and Third-Party Rights
11.1 The Photographer has the authority to enter into this Agreement and grant the mentioned license.
11.2 The Photographer is not liable to the Counterparty for claims from third parties and/or damages arising from the exploitation and disclosure of the Work, unless there is fault or intent on the part of the Photographer.
11.3 The Photographer's liability is limited to the invoice amount or, if insured, to the sum actually paid under the insurance.
11.4 If third parties announce or initiate claims against the Photographer and/or Counterparty regarding the Work, both parties will jointly determine the defense strategy.
Both the Photographer and the Counterparty have the right to immediately terminate the agreement in case of bankruptcy or composition with creditors of the other party. In case of the Counterparty's bankruptcy, the Photographer has the right to terminate the granted license.
13. Choice of Law and Forum
13.1 All cases to which these General Terms and Conditions apply shall be governed by Dutch law.
13.2 Any dispute regarding the interpretation of these General Terms and Conditions and the legal relationship between the Photographer and the Counterparty shall be submitted to the competent court in the Netherlands.
14.1 The Photographer delivers only edited photographic work, and does not provide RAW files unless previously discussed in writing for an additional fee.
14.2 The Counterparty is not authorized to apply modifications or image editing to the Photographic work unless previously discussed in writing.
14.3 The Photographer reserves the right to publish all photographic work on their own media.