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Conditions for the Use of Photographic Material from the Picture Archive of the Bavarian State Library

Dated December, 2014
General Terms
Unless otherwise agreed, the use of photograph(s) is regulated by the  Allgemeine Benützungsordnung der Bayerischen Staatlichen Bibliotheken (ABOB) dated August 18, 1993 (published in GVBl p. 635). Special reference is made to § 9, 4 and § 24 thereof. Any use of the photograph(s) requires the specific permission to do so and is usually accompanied by a user’s fee.
The Bavarian State Library generally permits use of its photographic material solely under the conditions listed below. Any changes in these conditions must be expressly agreed upon prior to any use of the material. Customer’s trade conditions are not part of this contract.
Delivery
The material will be made available to the customer only in digital form. The original picture remains the property of the Bayerische Staatsbibliothek.
The Bavarian State Library provides the material only for use within the applicable legal limits. Material which is regulated by § 86 and § 86a of the German Penal Code shall be made available expressly for the following purposes only: civic instruction and education, defense against nonconstitutional acts or endeavours, art, science, research, teaching, historical reports and for other similar purposes.
The customer is herewith expressly informed that it is his duty to observe all legal guidelines and restrictions with respect to the use of the material provided. The material shall only be used for the purpose agreed upon by the parties in advance. Each and every type of use requires the permission of the Bavarian State Library. All pertinent information concerning the intended use of the material (see fees) must be provided to the Bavarian State Library in advance.
The photographic material may not be stored, reproduced, archived, duplicated, copied, altered or used in any other way (e.g., by passing it on to a third party) without the prior permission of the Bavarian State Library.
Liability
The Bavarian State Library is legally liable only for intentional and gross negligence.
The customer is liable for using the photographic material strictly in accordance with the agreement, as well as for all claims and demands resulting from such use. This does not affect potential claims for additional compensation on the part of the Bavarian State Library.
Third Party Rights
The customer is responsible for the observance of and compliance with all third party rights (i.e., personal rights, copyrights). This does not apply to rights expressly conveyed to the customer by the Bavarian State Library.
Citation of Origin
The customer shall include the following citation of origin with each release / publication of the photographic material:
Bayerische Staatsbibliothek, München / Bildarchiv
(Bavarian State Library, Munich / Picture archive)
Payment
Payment without any deductions shall be made within 30 days after receipt of the invoice. The customer shall be responsible for all taxes, exchange rate fluctuations, reduced interest rates, bank costs and other deductions. Late fees for delinquent accounts will be assessed according to the applicable Law of Bavaria with respect to delinquent fees due to public institutions.
Payment may not be submitted prior to the receipt of the invoice.
Costs
A handling fee will be charged for any orders for photographic material, based on the number of scans ordered and including general delivery costs. The customer shall be responsible for any special costs of digitization (see the costs of labour for reproductions). These costs and fees will be charged in addition to the fees raised for the use of the photographic material. Their payment does not provide authorization to use the photograph(s) nor does it convey any rights of ownership.
Fees
A fee shall be charged for each type of use of the photographic material of the Bavarian State Library. The amount of the fee is determined by the purpose of use, area of distribution, edition, size of picture and rights agreed. Each individual photograph is referred to by special agreements regarding the fees, which are valid only for the agreed applications. Any additional use of the material (i.e., licensing, new editions, expansion of the agreed area of distribution, use by a publisher in advertising material, secondary use) requires the prior written consent of the Bavarian State Library and will be assessed at the appropriate fee.
Failure to comply with these contractual conditions will result in additional fees. The user’s fee shall be doubled if the customer fails or incorrectly cites the proof of ownership of the material or if the material is used contrary to the terms of the agreement. If the material is used without permission and citation the Bavarian State Library is entitled to a minimum amount of five times the user’s fee. German law is applied. Munich will be place of jurisdiction.
In special cases, other provisions may be agreed upon.
The Bavarian State Library would be glad to receive a free copy of each print and / or audio-visual (i.e., CD-ROM, DVD, Video) publication of the material.