I. GENERAL TERMS

1.) Any borrowed material belongs to Rolf Kosecki.
It is made available temporarily for the purpose of gaining right of usufruct and must be returned within a certain period. Postponements can be negotiated.

2.) Photographic material may only be shown to a third person if the purpose is to come to an internal decision concerning selection and sighting. The borrower is held liable for entrusted material until its undamaged return within in the negotiated period of time. The borrower must also cover the costs and bare the risks involving the pictures complete and appropriate redelivery.

3.) The approved publication of pictures of people and/or legally protected works and/or objects represented on the borrowed pictures is not part of this contract. The user is responsible for obtaining consent from the authorities in question. Please also consult us before publishing anything in a commercial context.

II. FEES

1.) Any kind of usage of our photographic material entails fees which consist of a net price in euro plus the compulsory value-added tax. The amount is established according to the way and to what extent our material is used. These details must be determined in advance. Our fees are based on the going rates recommended by the Mittelstandsgemeinschaft Foto-Marketing.

2.) Unregistered and therefore illegal usage can be fined with a surcharge of up to 500%.

3.) In case of assignments the commission fee is no more than a minimum price which functions as a guarantee. Any printed lay-out on a larger scale (title-page, whole page or several pages) must be priced according to the usual rates per page or title. If a fee was previously agreed upon as an assignment or purchase guarantee, then it must be paid four weeks after the pictures/ series/ colour photographs/ manuscripts delivery.

4.) By accepting the delivery, the purchaser has acquired the right to a one-off presentation(basic right of usufruct) in the edition of the publication previously named by the purchaser, providing that nothing to the contrary was agreed upon in writing. Subsequent publications in any special or licensed editions of the publication at home or abroad must be arranged specifically. If no use is made of this right within three months by publishing (pictures/series/colour photographs/manuscripts) it will lapse. This means that the author is free to make use of this right in whatever way he chooses , unless anything to the contrary was agreed upon in writing.

III. COSTS, CHARGES

1.) Costs for processing orders are defined according to the nature and the amount of work involved. There is an additional all-inclusive charge for postage and packaging. Delivery costs are covered by the customer.

2.) Original slides must be sent back to us immediately in their original state after printing. We charge 1500 Euro per original slide/negative in case of loss or irreparable damage. At the very least we expect costs to be covered for professional repairs on dirtied or partially damaged slides. Either party may gather evidence in order to prove how little or how much damage was done. This payment does not ensure ownership or right of usufruct . In case of loss or damage of replaceable copies we charge the replacement costs and an additional administrative fee.

3.) We charge 4Euro per weekday for each original slide and print which is not returned to us within the prescribed period (usually four weeks).

4.) Storing photographic data from Rolf Kosecki database entails costs. We charge 2,50 Euro per image for preview photo data and 8 Euro for high resolution photo data.

IV. COPYRIGHT NOTICE, AUTHORS COPY

1.) Any kind of utilization is not only defined by previously settled agreements but also by the laws of copyright. Any publication must include the following copyright notice: Foto: Rolf Kosecki Furthermore, at least two royalty free authors copies (including reference to place of publication of each picture) per published author must be forwarded to Rolf Kosecki. (This does not apply to films and television. Exceptions can be negotiated in case of commercial usage.)

2.) A surcharge of 100% will be added to the fee in question if references to sources/authorities are omitted .

3.) Any duplications of our copies require a written agreement.

4.) Our pictures may not be used in any way in which their meaning or the truth is altered. The photographs presented on this pages can only be used for commercials or election campaigns provided that explicit consent in writing was obtained. Photographs of people may only be used in editorial contexts. The user is liable for changes in the included texts. He is obliged to take the journalistic principles of the Deutsche Presserat(press codex) into consideration. Rolf Kosecki will not assume liability for damages or claims connected with the publication of the photographs/manuscripts presented on the next page.

V. FURTHER ISSUES

Any subsidiary rights remain reserved. Deliveries to other countries are also negotiated according to German law. Rolf Koseckis legal venue is in Bonn.