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The use of the SPSG's illustrations and the reproduction of pictorial material for commercial use are subject to fees.
Please address all inquiries and applications to the SPSG Fotothek by e-mail, fax or mail (no forms are necessary) and include details about the project (circulation, illustration size and distribution area) along with the required motifs.
Please observe the following guidelines for photographic, film and television recordings, for the use of illustrations as reproductions, and concerning our general business conditions:
GUIDELINES
The Stiftung Preussische Schlösser und Gärten Berlin-Brandenburg (Prussian Palaces and Gardens Foundation Berlin-Brandenburg) on photographic, film and television recordings of the SPSG's architectural monuments, their furnishings, as well as the garden grounds
1. GENERAL INTRODUCTION
In order to protect the reputation and position of the historical monuments, their furnishings and the gardens, as outstanding cultural possessions and as part of the world cultural heritage, photographs, film and television recordings are not generally free from restrictions. The SPSG reserves the right to make such recordings and their usage dependent upon consent in each instance, particularly in the case of photographs or recordings for commercial purposes, interior shoots and recordings of sites that are not located on public streets. The SPSG's guiding principle is a careful and respectful means of dealing with the historical buildings, gardens and art treasures assigned to their care. The following guidelines regulate individual procedures.
2. AGREEMENT OBLIGATIONS
Photographic, film and television recordings of the SPSG's architectural monuments, their furnishings, as well as the garden grounds require prior approval. Exceptions are made for photographs and recordings of buildings and complexes, which are located on public streets, paths or squares (§ 59 UrhG) and a negligible quantity of outdoor photography and filming for private purposes.
All approval is left to the discretion of the SPSG.
Approval will not be granted if the filming or photography could lead to an endangering of foundation property, to an interference with its officially perceived interests, or to an unacceptable hindrance to general visitor traffic. Furthermore, approval will not be granted if the recordings or photographs and their use are not compatible with the obligations, the status and the reputation of the SPSG.
Should new photographs be necessary, these should be made by experienced museum photographers whenever possible.
3. RESPONSIBLE DEPARTMENTS
The following offices are responsible for granting permissions:
- the Pressereferat (Press Office) for film and television recordings, as well as press photographs
- the Abteilung Schlösser (Department of Palaces) for photographic material (excluding press photographs)
These respective offices are authorized to represent all other specialized departments that may be required to participate according to the SPSG's distribution of services.
4. AGREEMENT FOR APPROVAL OF CONSENT
4.1 The consent for photographic, film and television recordings results within the framework of a prior, written agreement concerning an appropriate usage fee and compensation for costs incurred by the SPSG. Components of this agreement are the conservational, technical and organizational conditions for photographic, film and television recordings.
4.1.1 Usage fee for the production of recordings
4.1.1.1 The SPSG's current rates will normally be applied to the usage fee in the contract. The rates are set by the SPSG's General Director.
4.1.1.2 When making the decision as to which fee is apporpriate, the degree of usage and the extent of the burdens that result from this use, as well as the historical and artistic value of the objects to be recorded, will be taken into consideration.
4.1.1.3 A usage fee does not apply to the following:
- to current reporting
- to reporting in which public interest is particularly addressed by an actual historical occasion
- to films by the Hochschule für Fernsehen und Film (University for Television and Film) and by comparable institutions, which are state-run or supported by the state
- to photographs/recordings, which serve as satisfactory advertising for the SPSG
4.1.2 Compensation costs
A compensation of costs will be charged for all expenditures and lost revenues caused by the recordings. In particular, these include maintenance costs (use of electricity, heating, cleaning), as far as they have not been directly covered by the film/recording's representative; the reimbursement of expenses for employees (pay, salaries, etc.), who supervise, advise and instruct the film personnel; as well as for the replacement of the eventual loss of entrance fees, etc. Minor costs, which in all probability would be disproportionate to the administrative effort required for their collection, will generally not be calculated.
4.2 Furthermore, the following agreements are to be met:
4.2.1 The SPSG is not liable for damages, which arise for the film/recording's representative. The film/recording's representative is liable for all personal and material damage that results in connection with the film/recording activities and is obliged to bear this responsibility alone. This liability does not apply if the cause of the damage was brought about deliberately or through the gross negligence of SPSG employees or assistants.
4.2.2 The film/recording's representative is obliged to observe fire, police and other relevant regulations, as well as to be able to demonstrate sufficient personal liability insurance, as far as this is deemed necessary by the SPSG.
4.2.3 The agreement loses its validity under unforeseeable circumstances (e.g. state visits, building and restoration measures, etc.), where the objects to be filmed/recorded cannot be made available, or if a simultaneously occurring event would be adversely affected. In such cases, the film/recording's representative have no claims for damage compensation against the SPSG. Moreover, it is a prerequisite that the SPSG be in a position to appoint its own personnel (e.g. for security) for the duration of the plans to be executed.
4.3 The reproduction and publication of photographic/film recordings requires the prior written consent of the SPSG. Fees will be charged for granting permission to make reproductions, based on the current price recommendations of the German Mittelstandsgemeinschaft Foto-Marketing (MFM). The SPSG's guidelines concerning the use of illustrations for reproductions are applicable.
5. INCEPTION OF POLICY
Guidelines go into effect through the resolutions of the SPSG's advisory council. The SPSG's advisory council ratified these guidelines on December 3, 1998.
GUIDELINES
The Stiftung Preussische Schlösser und Gärten Berlin-Brandenburg on the use of illustrations for reproduction
1. BASIC POLICY
Pictorial material (photographs, slides, transparencies, etc.) from the property of the SPSG will be leased to commercial and other users for a limited time period for reproduction purposes. In exceptional cases black-and-white and color prints may be purchased.
2. RESPONSIBLE DEPARTMENT
The Abteilung Schlösser (Department of Palaces) is responsible for the allocation of photographic material for reproductions.
3. AGREEMENT ABOUT THE LEASING OR TRANSFER OF IMAGES
3.1 The transfer of images results within the framework of a written agreement concerning an appropriate usage fee and the compensation for costs incurred by the SPSG.
3.1.1 Usage fee
3.1.1.1 The price recommendations of the German Mittelstandsgemeinschaft Foto-Marketing (MFM) in its most current version normally sets the usage fee for the agreement.
3.1.1.2 The type and extent of use (medium, circulation, illustration size, distribution area, etc.) will be taken into consideration for determining an appropriate fee.
3.1.1.3 Usage fees may be waived in full or part for the following:
- in the case of reproductions in a negligible quantity
- in the case of reproductions for scholarly publications up to an edition of 1000 copies
- in the case of reproductions for college degrees and Master's theses, as well as dissertations
- when the reproductions serve as satisfactory advertising for the SPSG, especially publications produced on behalf of the SPSG through third parties
- if a mutual reciprocity exists regarding the permitted exemption from charges under the auspices of a collaboration with institutions regulated by public law, or with other organizations that serve the public
3.1.1.4 A usage fee does not apply to the following:
- current reporting
- reporting in which public interest is particularly addressed by an actual historical occasion
- to films by the Hochschule für Fernsehen und Film (University for Television and Film) and by comparable institutions, which are state-run or supported by the state
3.1.2 Compensation costs
A compensation of costs will be charged for all expenditures incurred by the transfer of images. In particular, these include costs for photographers, shipping and handling, as well as for film and photographic paper. These costs with be invoiced immediately; and are generally to be paid in advance.
Additionally, there are processing fees, which result from the gathering of photographs, motifs, etc., as well as through direct preparation. These costs will be charged at flat rate amounts that are set as follows:
1 - 5 images: 20 EUROS
6 - 15 images: 26 EUROS
16 - 30 images: 38 EUROS
31 - 50 images: 51 EUROS
3.1.3 Settlement date
So long as the customer has not previously tendered payment, the usage fee is due when the reproduction is published. The usage fee is due immediately upon the delivery of the photographic materials if there is reason to believe that the SPSG will not be notified of the publication, if a collection of the fee might encounter difficulties, and for all for foreign contracts.
If a reproduction is not carried out as planned, an application for a refund of the usage fee minus an appropriate deduction for processing expenses may be placed.
3.2 Furthermore, the following agreements are to be met:
3.2.1 The illustrations may only be used for a specific, predetermined use. Any further use, including a later repetition, requires the SPSG's express, prior, written consent and is subject to a renewed fee.
3.2.2 Pictorial material may not be reproduced, duplicated, digitized, copied or used in any other manner without the written consent of the SPSG.
3.2.3 The transference of pictorial material from the SPSG, or for instance the transfer of the rights of reproduction to third parties is strictly forbidden.
3.2.4 An exact copyright and credit line (Prussian Palaces and Gardens Foundation Berlin-Brandenburg, name of the photographer) must accompany any use of SPSG pictorial material. Principly, two specimen copies are to be made available to the SPSG without request and free of charge for the use of illustrations in any printed products.
3.2.5 The customer must observe existing personal rights and copyrights, and when applicable the customer must independently obtain and pay for the necessary permissions, authorizations, agreements, etc.
3.2.6 A disregard for the terms of the contract, the late return of the pictorial material, as well as its damage or loss, will result in the following additional usage fees/contractual fines:
- The usage fee will increase by 100% in the case of a missing or an incorrect credit line.
- A misuse of the delivered illustrations will increase the usage fee by 500%.
- The belated return of illustrations will result in fines per month and per photo of 8 EUROS for black-and-white reproductions and 15 EUROS for color reproductions and originals.
Reimbursement is required for lost or damaged pictorial material, namely 102 EUROS per black-and-white reproduction and 256 EUROS per color reproduction. These fees do not exclude claims to further compensation. The amount will be determined by the type and condition of the pictorial material, as well as by the costs of replacement. The user acquires neither the property nor the rights to the pictorial material through the payment of a reimbursement fee.
4. INCEPTION OF POLICY
The guidelines go into effect through the resolutions of the SPSG's advisory council. The SPSG's advisory council ratified these guidelines on December 3, 1998. The first amendment through a resolution of the SPSG's advisory council took place on December 10, 2001.
General terms of business for the use of pictorial material for reproduction purposes
Preliminary remark
The Bildarchiv contains quite comprehensive holdings of survey photographs, slides, transparencies, black-and-white and color photocopies, and other photographic materials of the art objects and cultural monuments entrusted to the SPSG. They primarily serve the practices of historic preservation and scholarly research, as well as being used for publications and other printed materials produced by the SPSG. The task of the Bildarchiv is to preserve, expand and complete the holdings of the archive. Within the context of its possibilities and limitations, the Bildarchiv makes copies of photographs and reproductions (pictorial material) available in return for payment of a usage fee.
1. General
In principle the SPSG pictorial material can be made available under the conditions set out below. The customer may only decline these conditions, if the delivered pictorial material is immediately returned unutilized; in which case no contract has taken place. Should individual terms become ineffective, this does not change the overall effectiveness of the contract. Divergent arrangements require prior, written agreement. The customer's own business terms do not apply to the contents of this contract.
2. Delivery
2.1. Pictorial material is leased to the customer only for a limited time, and will be made available for purchase only in exceptional cases. It remains the property of the SPSG, and is expected to be returned within the allotted time period without further notification. Pictorial material that is not selected for customer use should be returned immediately.
2.2. Pictorial material may only be used for a specific, precisely determined purpose that is outlined in advance. Any further use, including a later repetition, requires the SPSG's express, prior, written consent and is subject to a renewed fee.
The customer is obliged to make complete statements to the SPSG regarding usage (e.g. type of publication, number of copies, illustration size, distribution area, etc.).
The SPSG's pictorial material may not be reproduced, copied, digitalized, duplicated, archived, stored (e.g. lithographs, film, electronic media), changed, or used in any other manner without prior, written consent. This also applies even if the pictorial material has come into the possession of the customer through third parties (e.g. in the case of a publishing house that has been taken over, etc.) or from other sources (e.g. from printed works). Copies, etc., that may have been produced, are the property of the SPSG and are to be handed over to the foundation. In such cases, the business conditions outlined here are also applicable.
The transmission of photographic material from the SPSG, or for instance the transfer of the rights of reproduction to third parties is strictly forbidden.
3. Complaints
Complaints should be made in writing no later than one week after receipt of the illustrations. In the case of a legitimate complaint, the SPSG is obliged within the means of its capabilities to make a substitute delivery. If a substitute delivery is not possible, the customer can withdraw from the contract or request a reduction to the fee.
4. Liability
4.1. The SPSG is only liable for deliberate intention and gross negligence, which however is limited to damage that may be expected from the ordinary course of things.
4.2. The customer is liable for the intact return and use of illustrations as stipulated in the contract, as well as for meeting all requirements resulting from this usage.
4.3. A disregard for the terms of the contract, the late return of the pictorial material, as well as its damage or loss, will result in the following additional usage fees/contractual fines:
- The usage fee will increase by 100% in the case of a missing or an incorrect credit line.
- A misuse of the delivered illustrations will increase the usage fee by 500%.
- The belated return of illustrations will result in fines per month and per photo of 8 EUROS for black-and-white reproductions and 15 EUROS for color reproductions and originals.
4.4. Reimbursement is required for lost or damaged pictorial material, namely 102 EUROS per black-and-white reproduction and 256 EUROS per color reproduction. These fees do not exclude claims to further compensation. The amount will be determined by the type and condition of the pictorial material, as well as by the costs of replacement. The user acquires neither the property nor the rights to the pictorial material through the payment of a reimbursement fee.
5. Credit line
The customer is obliged to supply the following information about the SPSG as an image source for every use of the pictorial material: Prussian Palaces and Gardens Foundation Berlin-Brandenburg, name of the photographer.
6. Specimen copies
Principly, two specimen copies are to be made available to the SPSG without request and free of charge for the use of illustrations in any printed products.
7. Protecting the rights of third parties
The customer is responsible for protecting the rights of third parties (personal rights and copyrights, as well as trademark protections). When applicable the customer must independently obtain and pay for the necessary permissions, authorizations, agreements, etc. This does not apply to rights that the SPSG expressly confers to the customer.
8. Compensation costs
8.1. The SPSG charges compensation costs for all expenditures connected to the transfer of images. In particular, these include costs for photographers, shipping and handling, film and the costs of photographic paper.
8.2. Additionally, the SPSG charges service fees, which result from the processing of the order. These costs will be charged at flat rate amounts that are set as follows:
1 - 5 images: 20 EUROS
6 - 15 images: 26 EUROS
16 - 30 images: 38 EUROS
31 - 50 images: 51 EUROS
8.3. These costs are to be paid in advance. The SPSG has the right to withdraw from contracts where payment is not made on time.
9. Usage fee
9.1. Every type of use of pictorial material is subject to a fee. The amount of the fee varies according to the type and the extent of usage (medium, circulation, illustration size, distribution area, etc.). The fees have been adapted from the prices recommended by the German Mittelstandsgemeinschaft Foto-Marketing (MFM), Mommsenstraße 21, 10629 Berlin, Germany.
9.2. Usage fees may be waived in full or part for the following:
- in the case of reproductions in a negligible quantity
- in the case of reproductions for scholarly publications up to an edition of 1000 copies
- in the case of reproductions for college degrees and Master's theses, as well as dissertations
- as far as the reproductions serve as satisfactory advertising for the SPSG, especially for publications on behalf of the SPSG published by third parties
- if a mutual reciprocity exists regarding the permitted exemption from charges under the auspices of a collaboration with institutions regulated by public law, or with other organizations that serve the public
9.3. A usage fee does not apply to the following:
- current press coverage
- press coverage in which public interest is particularly addressed by an actual historical occasion
- to films by the Hochschule für Fernsehen und Film (University for Television and Film) and by comparable institutions, which are state-run or supported by the state
10. Settlement date
10.1. So long as the customer has not previously tendered payment, the usage fee is due when the reproduction is published. The usage fee is due immediately upon the delivery of the pictorial materials if there is reason to believe that the SPSG will not be notified of the publication, or if a collection of the fee might encounter difficulties, and for all foreign contracts.
10.2. If a reproduction is not carried out as planned, an application for a refund of the usage fee minus an appropriate deduction for processing expenses may be placed.
11. Court jurisdiction
The court jurisdiction is Potsdam. The rights of the Federal Republic of Germany also apply to deliveries abroad.
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Information about the use of images for private and commercial purposes
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