GENERAL LICENSING TERMS
By using this site and/or downloading contents from it, you accept the following general licensing terms.
These terms and conditions define the reciprocal contractual undertakings
of SIPA PRESS and its Clients and shall prevail over any other provision,
in particular Clients’ general terms of business, order forms
or similar documents.
The use of the services of the SIPA PRESS Agency, including the services
offered by SIPA PRESS on its Internet site, and the consultation and
use of photographs of SIPA PRESS imply full and complete acceptance
of these General Licensing Terms.
Any Client of SIPA PRESS hereby declares that it has taken cognisance
of the General Licensing Terms, has understood them and accepts them
without reservation. They may only be modified by means of a written
agreement signed by the duly authorised representatives of SIPA PRESS.
These General Licensing Terms came into force on 1 July 2005 and therefore
replace any other general or specific general terms previously implemented
by SIPA PRESS in its relations with its Clients. SIPA PRESS reserves
the right to upgrade these general terms for any future operating licence,
subject to informing its Clients accordingly in advance.
1- Any photographic production shall confer on the photographer,
its author, artistic, property and moral rights as defined by the
Intellectual Property Code. SIPA PRESS acts as the agent of the photographer
which entrusted it with the sale of the reproduction rights to the
photographs of which it is the author, or as the assignee of the
said reproduction rights or as the owner of the photographer’s
property rights.
2- The Client is defined as any physical or legal person which may have acquired for its own account exploitation rights to one or more photographs supplied by SIPA PRESS. In the case of a physical person, the Client is considered as the sole user of the images, and thereby the sole holder of this licence. If the Client is a legal person, this licence is compulsory for all its members, associates, employees or officers under the direct or indirect responsibility of the legal representatives of the legal person.
3- For purposes of reproduction in the press, the licence granted
shall be limited to the use specified on the invoice which together
with these General Terms shall comprise the entirety of the licence
granted. The prices of publication are available on request.
In the case of special photographs, or exclusivity granted by SIPA
PRESS, the licence shall be subject to prior signature by the Client
of an invoicing slip setting out the use and the special price of the
reproduction (or exceptionally, an order form from the Client).
Any photograph or report is licensed for a single publication and a
single title only. Any new edition, re-publication or transfer to another
title is prohibited save by prior agreement from the Agency.
4- Any use of the photographs loaned by SIPA PRESS, other than reproduction in the press, shall be subject to a prior request specifying the different uses contemplated (medium, period, country and for advertising, a precise media plan). Based on this request, SIPA PRESS shall draw up an estimate which is sent to the Client. If the Client accepts this estimate, it then sends SIPA PRESS an order form confirming the contemplated uses. Prior to any use of the photographs by the Client, this order form must be accepted by SIPA PRESS.
5- Any use of a photograph on a digital, magnetic or optical medium (in particular CD, DVD, etc.) shall be subject to a specific contract.
6- Photographs may be supplied by SIPA PRESS as follows:
•
in the form of a material medium, on argentic medium (paper, contact
sheet, original negative, original slide, duplicate) on magnetic medium
and on digital medium (in particular CD, DVD, etc.).
•
via on-line transmission (on the SIPA PRESS site or on its extranet
(on-line service) or via e-mail or FTP).
7- Photographs on a material medium are sent with a document loan
slip, which should specify that it is an "original" if the
Agency is sending its Clients originals. Such consignments of photographs
are only free of charge if the photographs are used. Otherwise, the
Client will be invoiced for a research fee of 125 euros plus the printing
or duplication costs incurred.
The Client must return the photographs within one month maximum from
the date of filing for the press, two months for publication and advertising.
Once these periods have elapsed, penalties for delay shall be payable
to SIPA PRESS, which start to run as from the date of a written reminder
sent by the Agency. The amount of the penalties is fixed at 3 euros
per day and per medium.
8- In the case of photographs sent in the form of a material medium:
• sending the photographs to the Client entails transfer of the
risks attaching to them. The Client is therefore responsible for the
loss, deterioration or non restitution of photographic documents sent
to it by SIPA PRESS. The Agency declines all responsibility from the
time the documents are sent to the Client or given to the carrier.
In the event of loss, deterioration or non restitution of a photograph
sent on argentic medium, a fee of 800 euros shall be invoiced for original
documents, and for duplicates a fee equal to the amount of technical
expenses required to produce a new copy of similar quality shall be
invoiced, on the understanding that this right to compensation shall
in no case constitute an assignment of the copyright attaching to the
photographs. In the case of loss, deterioration or non restitution
of a photograph sent on magnetic or digital media, a fee equal to the
amount of technical expenses required to produce a new copy of similar
quality shall be invoiced, on the understanding that this right to
compensation shall in no case constitute an assignment of the copyright
attaching to the photographs.
• Any unused photographs must be returned to SIPA PRESS in their
original covers, unopened, bearing the caption numbers and references
of the photographer and the Agency. Each time a document is returned,
whether used or otherwise, the reference and number of the return slip
must be mentioned.
9- When photographs are transmitted in digital format, any duplication, storage and any insertion in the publisher’s digital files are prohibited.
10- In the event of the loaned documents being used, the Client will send SIPA PRESS, on their publication, or when the photographs are used on a maquette, proof of such publication or use of a maquette. If no proof is received within 8 days from the publication or use of a maquette, a further fee of 10% of the amounts invoiced by SIPA PRESS shall be incurred, with a minimum of 155 euros.
11- In the case of use of a maquette, a fee of 125 euros shall be invoiced by SIPA PRESS.
12- The Client undertakes to credit published photographs with the
name of their author, followed by "SIPA PRESS". The omission
of such credits would incur the invoicing of a double fee.
The Client would also be solely liable in the event of the infringement
of the right to the photographer’s name and therefore undertakes
not to call up the Agency in guarantee.
13- Unless expressly mentioned, SIPA PRESS shall not supply any authorisation of publication emanating from the person or persons figuring on the photographs and the owners of commercial property or brands contained in the photographs. The Client is thus solely responsible vis a vis these persons for obtaining the necessary authorisation for use, acquiring the rights, if any, and shall refrain from calling up SIPA PRESS in guarantee on such grounds. The Client shall also be solely responsible for the captions if they differ from those supplied by SIPA PRESS or comments accompanying the publication of the photographs, and shall also refrain from calling up SIPA PRESS in guarantee on such grounds.
14- In the case of photographs representing artworks which have not entered the public domain (paintings, sculptures, architecture, etc.) the Client shall be solely responsible for requesting authorisation prior to any use, from the author of the represented works or his assigns, and shall also refrain from calling up SIPA PRESS in guarantee on such grounds.
15- The Client shall also be solely responsible:
•
In the event of improper use, any use which does not comply with the
authorisation issued, reuse which is neither provided for nor confirmed,
•
In the event of denaturing, adulteration or doctoring of the photographs,
in particular by means of retouching, assemblies or modification of
the comments and captions and failing to comply with the restrictions,
•
In the event of publication with a caption which gives the image a
misleading meaning,
•
In the event of publication to illustrate an article which is not connected
with the subject or theme of the photograph,
•
In the event of publication combined with a text which may in itself
undermine the rights of the persons represented.
The Client shall therefore refrain from calling up SIPA PRESS in guarantee, and the latter reserves the right to request the seizure of the documents sent to the Client, no matter in whose possession they happen to be, as well as the publications which have improperly used the said documents.
16- The rights relating to the use of the photographs must be paid
for by the Client within 30 days from the end of the month following
the sending of the invoice relating to the use of those rights. Technical
expenses (called "Incidence of technical expenses" on the
invoice) of 12% calculated on the amount excluding tax of the rights
of use shall be invoiced by SIPA PRESS.
As regards, should an order be cancelled within 30 days following the invoice date, SIPA PRESS shall be entitled to keep a fixed sum of 30% of the invoice amount. After the 30 day deadline SIPA PRESS shall be entitled to keep the full amount invoiced.
17- Should the Client fail to comply with the terms of payment SIPA PRESS shall be entitled to invoice it for fixed expenses for reminders, as well as penalties for delay calculated by two-week period begun, based on the bank base rate (BBR) plus 4 points.
The Client’s repeated failure to comply with the terms of payment (a minimum of two invoices not paid within the deadline) shall entitle the Agency to demand the payment of a deposit before each requested publication.
18- Should the Client have failed to make the due payment within 8 days from first presentation of a notification served by registered letter with acknowledgement of receipt, SIPA PRESS reserves the right to sue for payment of the sums due, to which shall be added the procedural costs and interest for delayed payment, as well as a sum equal to 30% of the invoiced rights of use.
19- Payment of a deposit may be required for services of an unusual nature.
20- The opening of an account, after agreement by our sales and administrative departments, enables payment to be made on end of month billing, either by cheque within 8 days, or by draft accepted within 30 days. Bills of exchange issued shall not act as a substitution or a waiver of our jurisdiction clause.
21- Payment prior to the date of application of the general licensing terms, and more specifically, payment on receipt of invoice, shall entail by right a discount of 1% per month applied to the total sum excluding tax.
22- The factor of SIPA PRESS shall be subrogated in the rights of the creditor in obtaining payment of invoices transferred to it.
23- In the event that a clause or a condition of this contract should
be judged null and void or without effect vis a vis third parties,
the other clauses of the contract shall remain valid and shall continue
to be performed between the parties.
24- The Client shall guarantee SIPA PRESS against any action by any
third party following the Client’s violation or non compliance
with the provisions of these General Licensing Terms, in particular
with regard to the provisions of articles 12, 13, 14 and 15.
25- Any disputes arising in the performance of the contract shall come under the jurisdiction of the courts of the head office of SIPA PRESS, located in PARIS.