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 by Christian von der Eltz Public Relations 2021 Summary
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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