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Business to Business
Using Rights/Media Law
1. The acceptance from international media
law (EU/US) is binding for all clients world
wide. (No exception)
2. The Photographer is Creator of all Photo-
graphs and with it owner and licensor free
of rights from third parties. But that includes
not the absolute right for commercial
publishing. (Just only for show case.)
3. Every shooting has to base on a written
briefing about all detailed client expectations.
The briefing has to include all plans for
later media productions and media use.
4. To work with Photographers Artwork (layouts,
media productions or publishing) without
written agreement is strictly forbidden.
5. To handout artwork to third parties (agencies,
freelancer, brands, companies, endorser,
sponsors or whomsoever without information
and agreement is strictly forbidden.
6. To sale Photographers Artwork to third parties
without permission and agreement is strictly
forbidden.
Advice: Understand the difference between
commercial and private use!
Portraits
Every portrait has in the beginning the status
of private.
Exception:
Magazine/Newspaper order or brands and
companies with clear intention for sales or PR.
But we keep a pure portrait photo, also published
on company web pages or in Social Media still
as a private publishing, so long there are no
logos or other signs are in.
A commercial use starts, if the portrait is
published in a print- or online magazine or
printed on handouts for advertising, sales, PR.
Product placement in Photos can be commercial.
It starts to get commercial, if the photograph
becomes a part of layout creation with campaign
character. That includes page illustration and
public placard or any other media use too.
Any kind of company order is excluded from
this question. It is always commercial.
Private use don‘t need a licence agreement.
Why is this important to know?
1. Every Photographer has the right to claim
for compensation if there is a photo misuse.
2. No magazine, no newspaper and no brand
company will publish and use photographs
without the legally right. They know the
the consequences.
3. Social Media and Movie Channels work hard
to protect the interests from Photographer
and other Artists. Youtube, Facebook and
Instagram start to ask for “Using rights and
copyrights“. New rules and laws obligate
platform operator for caring creator interests.
4. Every lawyer in Europe or in the States may
ask without any reason for a license
agreement if public published. And they are
authorized to send a written warning with
costs up to court. It is a business.
Clients have to understand that license fee
is one of the important income sources for
every Photographer and Artist to cover running
costs.
It is the same with music or movies without
any charge. It cannot be fair and with it not
legal. It is a fraud!
But finally it is the responsibility
of every Photographer to keep this
agreement transparent and suitable for
all involved parties.
Fees and License Agreements
1. First of all Photo Shooting costs base on
regular official fees. The costs are calculate
based on a written briefing in a client history
documentation. We call it C-Report. All and
everything what is not fixed and confirmed
in this reports is not agreed or obligate.
2. It is the right of every client to ask for other
cost conditions. In this case he has to create
a budget offer, we will discuss and confirm.
3. Technical- or external costs are excluded
from this condition talks. Alike additional
output.
4. Delivery: If there is nothing others agreed
the Photographer Back Office delivers the
standard size for PR-Magazine (532 x 342 Pixel)
and for Social Media use up to 750 Pixel.
This size covers the regular license agreement
without additional costs.
4.1. With grant of special cost conditions is a
upgrade for more output and performance
unfortunately excluded.
Licence Agreements
1. We keep a pure Photo publishing without
layout frame in our PR-Magazine and all Social
Media free of charge as a silent! license
agreement but without printing rights.
The name of the Photographer with note:
„photographed by Christian von der Eltz“
should be respected.
2. Every Magazine use (online, print) and every
use as a Campaign Artwork for advertising,
sales, PR in a framed layout with CI/CD
elements (independent which media) requires
for a written license agreement.
3. Also this cost factor is triable. But the client
side has to ask for this as he has to ask for
update his license agreements.
4. Please note, that also Models have to sign a
Model release base on a written Photo
agreement, if the photos comes to a
commercial use (regular).
In case the Photographer Back Office
take responsibility for Model booking, the
legal agreement and contract management
is warranted with international standards.
Otherwise we are not involved.
If there are questions so far, please contact us:
backoffice@ChristianvonderEltz.com
How we work.
We don‘t close contracts
What we undersign today is mostly already
no more valid some hours later. Things can
change very fast. Can happen.
We write C-Reports
The Contact Report
After every meet and after every contact
with relevance we write a formal c-report about
that what we have understood.
Clients receive this report without exception
by mail. The report is our responsibility and
undersigned.
The client is pleased to make his marks, notes,
additions or corrections.
He will get a new report with the next running
number and this so long, if the report is totally
correct.
If the report is correct we will still wait for one
or two days before we go next steps. After this
period of time the report is binding for all as
a contract.
Means: Nothing will happen without a valid last
C-Report.
Two ways to confirm a C-report:
1. The client do nothing and don‘t reply.
After 5 days without response the last
report is binding.
2. The client send a short message, also with
messenger for his ok. The report is binding
at once for all.
3. The client send corrections. The procedure
is described. The report is not agreed yet.
Please note: We only accept report corrections
with mail to:
BackOffice@ChristianvonderEltz.com or to
a authorized Consultant with C-Report
responsibility.
Final remark for all involved parties:
If there is nothing binding written on hard
copy paper, nobody should start acting.
The first step before acting is always to write
the job with agreements on paper.
Otherwise nobody will take later responsibility
for anything. But we should know before we
take it.
This is my personal commitment since 1992
without fail by acceptance. All team player
should agreed this rules and principles for a
successful and professional co-work.
Communication is all, all is communication.
Without communication is everything…nothing.
The job is also to answer questions, we sometimes
cannot know…
Christian von der Eltz
CEO, CEA
Consultant, Creative Director
Photographer
Back Office Language:
German and English
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