All photographs appearing in the peitschphoto.com site are the property of Peter Peitsch and are protected under German, US-American, and international copyright laws. The photographs may not be used, published, reproduced, stored, transmitted or manipulated without the permission of Peter Peitsch.
Terms of BusinessGeneral Conditions
Liability, Utilization and Copyright Laws
Copyright, Voucher Copy
Place of Jurisdiction, Miscellaneous
All offers, consignments, electronic transmissions as well as the allocation of rights of utilization (licencing) are exclusively provisional and not excluding the following standard conditions of contract varying terms of contract of customers are only applicable if confirmed in writing from Peter Peitsch . Contract terms of the customer, printed on order forms, delivery confirmations or other documents are hereby declared inapplicable. The customer must declare the intended use of Peitsch-pictures before licencing, at the latest, prior to technical utilization. According to the customers declaration, Peter Peitsch will grant permission for utilization of the delivered photographic materials. If the customers declaration does not correspondent with the intended utilization, the permission for utilization is void and Peter Peitsch is not liable for claims of compensation from third parties. 1. Licensing
All images should be treated like originals. In principle, only the utilization right of the copyright is transferred. This applies particularly to images with several copyrights (e.g. to works of plastic arts or performing arts). The redemption of further copyrights as well as the obtaining of publishing permission from collections, museums etc. is the responsibilty of the utilizer. The photos supplied by Peter Peitsch can only be utilized as stipulated in licence-agreement before download. The rights stipulated in the licence agreement are valid in the agreed extent only for a single utilization. Repetitions or other extensions of the initially permitted utilization are subject to our prior permission. Our prior permission has to be obtained particularly in the case of an intendedutilization of our photographic material for advertising purposes.
2. Personal Right
3. Utilization, Copyright Laws, Professional Ethics of the Press
All fees in offers, price lists and other documents are always without VAT and contributions to the social security for artists. Fees are only applicable for a single utilization of a declared purpose mentioned extent and agreed language area. Further utilization is subject to prior written permission and renewed fees. If an illustrated object (e.g. a book, CD-cover, brochure etc.) is displayed in a new media, an additional fee is payable for the displayed photographic motive, regardless of the fee allready paid for the utilization rights of the same picture in connection with the original use of the photographic material. This applies particularly to utilization for advertising purposes. The user must inform Peter Peitsch about the new utilization and needs a further permission to utilization.
If out photographic material is utilized or passed on without authorization, a minimum fee of five times the basic fee is due, subject to further claims of compensation. Exclusive rights or waiting periods have to be agreed seperately and require a minimum surcharge of 100% of the respective basic fee. Fees are due at the latest, three months from the customers stated utilization, even if the publication or utilization has not taken place. Payment of fees has to be made stating the customers number, picture guide number, as well as the name of the copyright holder. Without this information an additional administrative charge will be imposed, which depends on the extent of the additional work.With reference to international and german copyright law (§ 13UrhG) we explicitly demand the copyright entry: "Peter Peitsch / peitschphoto.com", which has to be printed or fixed at a place, permitting no doubts about the relation between the picture, the agency and the copyright holder (photographer). Lists of reference are only adequate if an unambiguous relation to the respective picture is established. Additionaly, with the payment of the balance, the customer has to cite explicitly in which publication and place the picture has been published.
If the customer failes to fix the copyright entry, Peter Peitsch is authorized to charge a compensation fee of 100% of the respective utilization fee as well as additional administration charges. The utilizer has to release Peter Peitsch from all compensation claims of third parties if he fails to print the copyright entry. The right of citing the copyright and Peter Peitsch cannot be settled through payment of a higher fee. This also applies to advertising, web-site-pages, any other electronic medias (e.g. CD-Rom), insertions in television programms, movies or other medias if no other special agreement was made.
Two complete voucher copies of each printed object must be sent free of charge without a special request.Place of jurisdiction and place of performance is for both parties, as far as legally permissible, Hamburg, Germany. For deliveries in foreign countries, German law is applicable, as agreed. Should one of these delivery and standard conditions of contract be void, the validity of the remaining conditions of contract remains unaffected. Hamburg, 1st January 2008