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This charter is a contract between “the photographer” i.e. yourself ( or “the sender”) and PhotoLicence© .
You wish to become part of the PhotoLicence©’s photographer network. By using the photograph sending form and sending your photographs, you explicitly accept the following terms of this charter and agree to respect all its clauses, as well as the General Conditions of Use of PhotoLicence © . The non-respect of this present charter, especially if the copyrights of the photograph(s) you sent are not your direct property, could induce legal proceedings against you by the potential acquirer(s) and/or the original author(s) of the photograph(s). For the same reasons you could be immediately excluded from part or the whole of our web site services.
Thus, before you offer photograph(s) for the site, you must certify that you are their original author or that you possess their exclusive copyrights.
Please note that in any case PhotoLicence© reserves itself the right to refuse any photograph that could be considered inadequate, due to its contents, its bad quality or any other reasons.
Your photograph(s) must be scanned at a minimal 1 000 000 pixels resolution and we cannot accept any photograph(s) representing identifiable physical persons.
Moreover, if the photograph(s) you are sending is/are representing architectural monuments, work of arts, objects or trade brands protected by special kinds of copyright (intellectual PROPERTY code, image and PROPERTY code, civil code, drawings and models rights, protected and REGISTERED trademarks laws, etc), it is your duty to obtain from the holder of these rights, the AUTHORIZATION to allow diffusion and the reproduction of your photograph(s) in accordance with the General Conditions of Use of PhotoLicence© and with the use you wish to do with your photographs on our web site.
Your registration to our list of photographers, is made automatically once you send your first photograph(s), and will enable us to create your own personal page with the information provided on the registration form. You can choose the information that will be displayed and made available to all users on our website. Usually, your photograph(s) will be linked to your pseudonym and personal page.
If you wish to sell your photograph(s), you need to provide a permanent valid address on your registration form, where we will send your earnings from the sales. PhotoLicence© declines any responsibility in case of a payment loss induced by the provision of an incorrect or an inaccurate address.
For each photograph you send, you can consider two options:
Refer to the adequate section.
The contract and the transfers of rights as mentioned in the two previous sections are exclusively established between the vendor and the photographer, in such a way that all legal procedures could only concern these two persons.
In any case, PhotoLicence© is not at anytime the owner of the rights on the photograph(s). Thus, by using PhotoLicence© as a photographer and by sending your photograph(s), you explicitly recognize that PhotoLicence©’s site and its administrators are not responsible for the misuse that can be done with downloaded photograph(s), either in the frame of a private or commercial use. Such a responsibility rests with the person misusing the photographs he/she downloaded from the website.
Thus, PhotoLicence will not endorse any kind of responsibility at any time.
However, so far as General Conditions of Use of PhotoLicence © are based on the application of the French Intellectual Property Code, all legal procedures must be addressed to a French Court.
If you have any question concerning legal and / or commercial clauses of this charter, do not hesitate to contact us on section « contact us »on the web site or directly at the following address :contact@photolicence.com .
Also, we invite you to read our Terms and Conditions to be fully informed about the clauses applying to your particular case.
You wish to submit your photographs for public and /or commercial use . Once sent, your photographs will be put by PhotoLicence© on the Internet and will be sold under a non-exclusive rights scheme, according to the L 122-5 article of the French Intellectual Property Code.
PhotoLicence© sells photographs either by units, using direct downloading, or on compact-discs which can stock about 500 MB of photographs.
When selling photographs by unit, PhotoLicence© determines their final price according to the chosen resolution. The photographer will be allocated 50% of the sale price, excluding VAT.
When selling compact-discs, the photographer’s earning is calculated as follows :
number of pixels of the photograph
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x
CD price exluding VAT* 50%
total number of pixels on the CD |
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PhotoLicence© applies fixed prices for CD sales. The photographers’ earning is calculated according to the photograph’s added value, i.e. the number of the photograph’s pixels.
The photographer's earnings are credited automatically on his/her account once PhotoLicence© has cashed the final customer’s payment. The payment will be done within a period of 30 days and once the photographer’s account has reached its minimum 100 € threshold.To receive his payment, the photographer must then publish an invoice, whose model is proposed on its personal account, and send it to PhotoLicence© whose address is mentioned on its account, heading "Your sales", section "My invoice in progress".
However, if no sale has occurred for six months, the photographer can claim his/her earning, whatever its amount, by sending an e-mail at the section « contact us » on the website or directly to the following address :
contact@photolicence.com.
PhotoLicence© is not , the owner of the rights of the photograph(s) at anytime. Our site provides an opportunity for photographers to exhibit their photographs and the site only seeks to facilitate the connection between the photographers and their final customers (the vendees). In this way, transfers of rights occur only between the photographer and the vendee that acquires a user licence for the photograph(s) he/she purchased.
When Sending your photographs to PhotoLicence© you agree with the following conditions :
1)
The sender authorizes PhotoLicence© to diffuse freely the photographs and to allow the download and permanent access of each of the photograph sent by himself/herself, as explained in the Acquirer’s Charter and more generally in the General Conditions of Useof PhotoLicence©, based on the L 122-5 article of the French Intellectual Property Code .
2)
The sender allows PhotoLicence© to conclude on his behalf all transactions related to his photographs whose terms conform with the present charter.
3)
The photographer commit himself/herself to fulfill all the tax and social obligations related to the sale of his photographs.
4)
The sale means that the photographer transfers to the vendee the Development rights (constituted by the reproduction rights and the spreading rights), the distribution rights and the adaptationright for each of the photograph(s) are sold for a ten-year period. However, the photographer does not provide any kind of exclusivity on the use of the photograph in terms of its distribution or sale.
5)
The contract and the transfers of rights as mentioned above are exclusively established between the vendee and the photographer, in such a way that any legal proceedings would only concern these two persons. The sender is not entitled to institute any legal proceedings against PhotoLicence©, notably for the misuse of his photograph, such a liability rests with the vendee of the photograph(s).
6)
The photographer can at any time and without any justification make a request for his photographs to be removed from the data base of PhotoLicence©. This request can be done by e-mail to the following address : contact@photolicence.com. This request will be acted upon within a two-week period following the date of the message. The photographer cannot act upon sales which occur prior to his/her request of removal.
The removal of one or several photograph(s) from the website applies at the end of the two week notice period required for the photograph(s) status shift.
Thus, except in particular cases admitted by PhotoLicence©, all the sales made before this date remain valid and cannot be questioned.
Non Commercial use , strictly Private use
You prefer to keep your photos for a non-commercial and private use . Once your photographs are sent, they will be exposed by PhotoLicence© to the web site’s users for “private use, strictly limited to the “realm of the family” as explained by the L 122-5 article of The French Intellectual Property Code.
In this case, PhotoLicence© allows the free download of the photographs and don’t ask for any kind of contribution or compensation in exchange of its services.
The photographer remains the owner of the photographs’ copyrights and cannot ask for indemnity or royalties for the sent photographs.
By sending his/her photographs to PhotoLicence©, the sender agrees to comply with the following conditions :
• The sender authorizes PhotoLicence© to spread the photographs without constraints and allows a permanent access and download of each of the sent photograph , as explained in the Acquirer’s Charter,
and more generally in the General Conditions of Use of PhotoLicence©, based on article L 122-5 of the French Intellectual Property Code.
• The sender cannot institute any legal proceedings against PhotoLicence© related to the misuse of his/her photographs, i.e. a commercial use of the photographs outside the realm of the family, such a liability rests with the person who downloaded the photograph(s) in question.
• The photographer can at any time and without any justification, ask for the removal of some or all of his/her photographs from the data base of PhotoLicence©. Such a request must be done by e-mail to the following address : contact@photolicence.com . This request will be acted upon within a two-week period following the date of your message.
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