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Conditions for the use of photographic material of the Image Archive
General items
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) require(s) 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.
The material will be loaned to the customer for a limited period of time. It constantly remains the property of the Bavarian State Library and shall be returned by the due date without further request by the Library to do so. Upon request the loan period may be extended.
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 loaned expressly for the following purposes only: civics instruction and education, in defense against nonconstitutional acts or endeavours, art, science, research, teaching, historical reports and for other similar purposes. The customer is herewith expressly informed of the 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 in advance by the parties. 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.
The customer is liable for returning the photographic material in undamaged condition and for using it strictly in accordance with the agreement, as well as for all claims and demands resulting from such use. Compensation will be due for lost or damaged material. The customer acquires neither a property interest nor any other rights in the material by virtue of payment of such compensation. If the material is subsequently returned in undamaged condition after such a payment, the compensation shall be refunded. A fee will be charged for the period during which the material was not available for use to the Bavarian State Library.This does not affect potential claims for additional compensation on the part of the Bavarian State Library. In particular cases, the customer shall have the opportunity to prove that a lesser compensation should be assessed.
The failure to return the material within the specified loan period will result in a user’s fee.
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: Bavarian State Library, Munich
Payment without any deductions shall be made within 30 days after the 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 prior to the receipt of the invoice may not be submitted
For any orders for photographic material there will be charged a handling fee, based on the number of pictures ordered and including general delivery. Special delivery costs are additional. The customer shall be responsible for any special photographic or reprodutive costs.
These costs will be charged in addition to the costs raised for the use of the photographic material. Payment of these costs does not provide authorization to use the photograph(s) nor does it convey any rights of ownership.
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 and size of picture. Each single 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) 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. If the material is used contrary to the terms of the agreement or without permission 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.