General Terms & Conditions

Photographic documents : the concession of rights
Any use of the photographic documents, loaned or purchased for reproduction or representation purposes is subject to authorisation from adoc-photos agency. Such use must be specified in the order and incurs invoicing for the rights by the photographic agency.
The rights agreement is only effective upon receipt of the full payment of the bill.
Any new use requires a fresh request and the settlement of new rights. The fact of passing an order implies the unreserved and full acceptance of the current general conditions.
Any copying from these documents is strictly forbidden.
Any re-publishing, transfer to other media, change of title, any transfer to a data base or to a third party, is strictly forbidden without the prior agreement of the agency.
Any ceding or retro-cedence, resale or loan to a third party of the photographs is forbidden without the agreement of the agency.
The ceding of rights of the photographic documents is carried out non-exclusively, for a fixed period of time, and over a fixed area.
Photographic credits are compulsory on any reproduction or representation of photographic documents.
The credit must be placed in a manner easy to read with respect to the photograph, next to it, or in a photographic index set aside for the purpose. In the absence of any written agreement with the adoc-photos agency, any modification of a photographic document implicates the client who alone assumes and accepts the full responsibility of any captions carried out at the initiative of his publishers. The client alone will be the subject of any eventual legal action.


Protection of photographic documents
The communication and use (reproduction-representation) of photographs are subject to the legal frameworks laid down in the laws of 11 March 1957 and of 3 July 1985 which cover authors’ copyright. In France, authors’ copyright is governed by the Code of Intellectual Property of the 1st July 1992 which groups together the laws relative to intellectual property, notably that of 11 March 1957 and the law of 3 July 1985.


Rights of reproduction. (Art L 122-3): Reproduction consists of the material fixing of the work by any process which allows it to be communicated to the public in an indirect manner. This may be carried out notably by : printing, drawing, engraving, photography, moulding and any procedure of the graphic and plastic arts, and by mechanical, cinematographic or magnetic recording. With architecture, reproduction consists also in the repeated execution of a model plan or project.


Rights of representation. (Art L 122-2): Representation consists of the communication of the work to the public by any process whatsoever, and notably :

1. by public recital, lyrical works, dramatic representation, public performance, public projection and the transmission of the same in a public place by televisual means.

2. by televisual means: this is understood to mean any telecommunication of sound, images, documents, data, and messages of any kind.

Certain works are subject to the collection of complementary author’s rights, coming on top of the right to photographic use as outlined above. Authors’ rights are applicable normally 70 years after the calendar year in which the author died. It should be understood that authors’ rights can lead to the refusal of certain adaptations or exploitations of the work.The ceding of rights of reproduction or representation does not include the necessary authorisations relative to the exploitation des oeuvres de l’esprit or of the image of persons represented on the photographic documents.
The adoc-photos agency cannot be held responsible for a use which has not been the object of all the necessary authorisations linked to the protection of works and of the persons represented, and of the settlement of rights due to artists or to their representatives.

Conditions of communication
Any request for photographic documents must lay down precisely what type of use is envisaged : a description of the medium used in the reproduction, its geographical distribution, its publication date, the number of copies to be made on the material support chosen. The agency places photographic images that belong to its collections at the disposal of the public. To allow the client to settle upon a final choice, documents may be lent out for a period of two months: these documents take the form of downloaded digital images sent by e-mail or cd-roms sent by post.


The sending of the end-use material as evidence
Two copies of any eventual publication using the material must be sent before it reaches the public domain to the adoc-photos agency at 8, rue du Faubourg Poissonnière 75010 Paris – France. Any delay or omission in the sending of the said product will trigger a doubling of the costs of royalties that the client may not gainsay in any case whatsoever.


Compulsory acknowledgements and photographic creditsAny reproduction or representation in any form and in all cases whatsoever, must display the obligatory acknowledgements and photographic credits that appear on the delivery note that accompanies all photographic documents. Any omission of credits, or credits grouped in such a way as to have no reference to the reproduction, will incur a doubling of rights fees.
Once the use of the document(s) has incurred the agreement and billing by the agency, the client undertakes to destroy the digital files sent by the agency and agrees as a consequence not to reuse this data in any way whatsoever.


Payment terms
Payment shall be made on receipt of the invoice by cheque or bank transfer in Euros made out to adoc-photos.


Prices
The rights are fixed in accordance with our price list pertaining at the date of the supplying of the evidence of publication (date of the first public presentation or broadcast, in cases where no other justification exists).


Disputes and Claims
Any and all disputes arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration of Paris court in France.