(1) The user may release individual content, especially image material, and sell licenses for said content by selecting a license model in the user account for the respective content, marking this content as “for sale” or offering individual prices for a license.
(2) An account with PayPal is necessary for the payment of any license fees, as these cannot otherwise be paid out by the Provider.
(3) If the user, within the framework of the user’s account, does sell licenses for images uploaded by the user, the following ArtBrief Marketplace Conditions apply:
(4) Transfer of rights
(4.1) By transmitting and releasing the image material in the ArtBrief Marketplace, the user transfers to ArtBrief all rights of use to the image material for any kind of commercial and/or non-commercial use and exploitation. The transfer also includes the right to ancillary and subsequent rights.
(4.2) The user transfers, in particular, the following rights, non-exclusively and unlimited in terms of content, time and place, whereby it should be expressly noted that the following list is not exhaustive:
a) The right to transmit, copy, and/or otherwise reproduce and/or distribute the image, as well as place it on online networks (such as the Internet) or make it accessible to online users, on to all visual, audiovisual and other multimedia data carrier formats that are known at the time of the conclusion of the contract.
b) The right to make available on demand, that is, the right to make images available on electronic databases and through digital and other transmission technology to a multitude of users for a fee, so that those users can receive the material for individual retrieval by means of a television, mobile communications device, computer and/or other device designed for interactive use (e.g. television “on demand”, video “on demand”, online, etc.) and, if applicable, may present these publicly.
c) The right to use, reproduce and/or distribute and/or have distributed images for the design and/or presentation of audio, audiovisual or other multimedia and/or digital data carriers (e.g. CD-ROM, Blue- ray disc, laser disc, optical disc, video, photo CDs, etc.).
d) The right to use, reproduce and/or distribute the images for sale, advertising, promotion and marketing purposes in print media (e.g. magazines, newspapers, books), for the designing of marketing and/or other posters, postcards, advertisements, advertising brochures, pamphlets, programs, catalogues, press kits, biographies, commercials, image brochures and/or the firm’s own advertising, etc., in any edition or re-issue.
e) The right to use the images in other forms from which they were submitted, namely to edit and/or alter the images under safeguarding of any moral rights, to have the images edited or altered, especially in whole or in part, to change the images using, for example, photo-technical disassociations, montages and/or through the scanning into a computer and then using computer- technical disassociations (e.g. coloring, printing color in black and white, retouching, etc.), to imitate, exploit and/or distribute the images in the edited form in parts or as a whole together with other works.
(4.4) ArtBrief is authorized to transfer the rights transferred to ArtBrief, in whole or in part, to third parties in and outside of Germany.
(4.5) ArtBrief makes the images available at no cost for self-promotion and for private online databases (www.artbrief.com and others). The user grants ArtBrief the right to use the names of the authors/creators of the images for the marketing of images (such as on the website of a stock photo agency).
(4.6) ArtBrief also provides images for commercial end consumers in the area of advertising. The parties agree that mention of the user’s name with the use of images is uncommon in this area. In this respect, the user officially declares to ArtBrief that user waives the right to be named as the author, creator, etc. This waiver is also recognized with the author’s remuneration for the image.
(4.7) The user grants ArtBrief the right to assert user’s claim to recognition of authorship (according to § 13 of the German Copyright Law) and to enforce any indemnification claims. No other obligation exists. The targeted revenues are calculated according to Paragraph 5.
(5) Remuneration / licensing fees and their accounting
(5.2) The accounting of remuneration is carried out through ArtBrief. After the amount of remuneration has been determined, ArtBrief shall issue the user a credit note that can be retrieved in the user account. The user hereby agrees to receive the credit note exclusively in electronic form via email. The credit amount shall be paid to the user exclusively through the payment services provider PayPal.
(5.3) All amounts are understood to be net amounts plus VAT, if the pay recipient and the type of pay are subject to tax. If the user is based in another EU country and if the user has provided the user’s valid VAT ID number before billing, the credit will be in a net amount. The same shall apply for users based outside the EU.
(6) Assurance and guarantee of legal ownership and indemnification of ArtBrief
(6.1) The user ensures that the images delivered are devoid of third-party rights, particularly that the user may freely use the images and their existing user rights.
(6.2) The user ensures, within the scope of the user’s artistic sphere of influence, that the rights of third parties are not and cannot be violated, particularly personal rights, both in the creation of the image as well as in its unaltered use by ArtBrief.
(6.3) The user guarantees, and shall prove, that depicted persons and/or the owners of the rights pertaining to them, and/or the owners of the rights to depicted works of visual or applied art (paintings, buildings) have communicated their necessary consent, including consent to later use of images through ArtBrief and/or third parties. If images of persons or works, for which such consent is not given or is given only in limited scope, are brought to ArtBrief, these are to be clearly labeled as such by the user. For damages incurred by ArtBrief through lack of or insufficient labeling, the user is liable to the fullest extent.
(6.4) Furthermore, the user guarantees that the images supplied by the user do not violate copyright laws, competition laws and/or trademark laws.
(6.5) The user shall, upon first request, indemnify and hold harmless ArtBrief from all third-party claims (including co-authors such as photo models), particularly if such claims of copyright and personal right violations raised against ArtBrief are in connection with the exercising of contractual rights. Any impairments to contractual rights that become known to the user must be immediately reported to ArtBrief. ArtBrief is authorized to take measures to protect ArtBrief from third-party claims or exercise its own rights. Any measures taken by the user have ArtBrief’s prior consent. This also includes the compensation of costs incurred by ArtBrief for legal action/legal defense.