License terms when purchasing a digital copy
By paying the agreed license fee, the licensee receives exclusively the usage rights defined below. Basically, the licensee only acquires the right to use the photographic copyright. Any other rights involved, such as those depicted, trademarks, works of art, buildings and the like. must be independently clarified and obtained by the licensee for the intended use.
Usage:
Use in presentations or on web site, including dissemination within this presentation in electronic or individually printed form. Use in print media and other traditional printed matter (brochures, posters, flyers, etc.) is excluded. Within the same enterprise the repeated use is permitted. Use for different use cases (for example multiple projects in the sense of individual customer orders) is not permitted. In this case the license right must be bought several times.
Resale:
Resale or redistribution of an image is not permitted. Exempted is the transfer as part of a larger work or the transfer of provided, separately provided images with logo branding of the author.
Non-exclusivity:
The licensee does not exclusively acquire the rights of use for the WEB and presentation image.
Illegal use
The images may be slightly modified by the licensee for his purpose. In particular, modifications that distort the original image statement in such a way that personal damage such as reputational damage is imposed on the author, as well as amendments that are restricted and prohibited by other rights (personality rights, trademark rights, etc.) are not permitted. In these cases, the written permission must be obtained from the copyright holder.
In addition, the pictures may not be used:
- for the purpose of unauthorized and punishable acts
- in pornographic context
- in a degrading and reputation-damaging manner for the depicted person (s) as well as
- in degrading and reputation-damaging way for the photographer
- if it has to be assumed that the person (s) depicted would not be in agreement with the planned publication. In this case, an explicit written authorization must be obtained from this person (s).
- Furthermore, use is not permitted if it must be assumed that third parties can assert rights (for example, to private labels, buildings, works of art etc.) on the picture. In this case, the right-holder must obtain in writing the application-specific authorization.
Illegal use of the pictures
Licensee must, at the request of the author, prove the lawful use of purchased images (for example, specimen copies, screenshots). In case of any unauthorized use or transfer of the photographic material, a contractual penalty of CHF 1’000.– has to be paid to the author. Reserved are further claims for damages and legal action.
copyright notice
When using images, the author must be mentioned. However, this may, if space or optical requirements not directly under the image or the side of the image is possible (web site, flyers, etc.), also in other well-visible place (imprint, etc.). The copyright notice reads:
Photo: www.chrisclick.ch
At no time may the use of images give the impression that the use of the content is free from the rights of others.
Jurisdiction and applicable law
The exclusive place of jurisdiction and place of fulfillment is the place of residence or business of the photographer, also for deliveries abroad. Substantive Swiss law applies to this contractual relationship. Mandatory jurisdictions reserved.
Hittnau, in May 2018