Terms & conditions

The photographs that the CMN puts at clients disposal so that they can make a choice may not be used for any other purpose and cannot be stored by clients, who agree to definitively destroy them.

Transfer of the right to use the photograph collections:

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Any use for the purposes of representation and/or reproduction of all or part of the photograph collection sold or loaned by the CMN systematically requires the CMN’s prior consent, which will only be granted if the client provides the CMN with details about the intended use.

If the order is accepted, the CMN grants the client permission accompanied, as the case may be, by the corresponding transfer of rights. The consent and transfer take effect only when the client makes the final payment of the price invoiced by the CMN.

The transfer of rights (right of representation and right of reproduction) granted on the photographs to the client by the CMN complies with the Intellectual Property Code (IPC). The right of representation consists of their communication to the public by any process (article L 122-2 of the IPC). Reproduction consists of the material fixing of the work by any process that allows it to be communicated to the public in an indirect manner (article L 122-3 of the IPC). Permission and transfer are valid only for the period, place(s), material(s) and use(s) mentioned therein. Any renewal, new use(s), transfer, retrocession, resale or loan to third parties cannot be made without the CMN’s consent. All permission and transfers are granted non-exclusively. Any use implies the unconditional acceptance of the present general terms and conditions, which take precedence over any other document.

For photographs to which the CMN does not own the copyright, the CMN agrees to communicate the identity of the rights’ holder(s), if known, to the client. The CMN can in no case be held responsible for claims that the rights holder(s) may subsequently put forward. It is incumbent upon the client alone to obtain the permission necessary for the intended use and to pay the corresponding fees, if any.

Content of photographs in the collection:

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Some photographs may represent and/or reproduce intellectual work that have not fallen into the public domain and to which the CMN does not hold the rights; images of persons; or any other item likely to be protected by intellectual property rights. The CMN informs the client of the right holder’s identity, when known. The CMN can in no case be held responsible for claims that the rights holder(s) may subsequently put forward. It is incumbent upon the client alone to obtain the permission necessary for the intended use and to pay the corresponding fees, if any. In this way the client protects the CMN against any recourse.

Transmission of photographs to the client:

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The CMN may transmit photographs in various forms; in no case does this imply that the client has a right to use them. In no case can the CMN be held responsible for the loss or deterioration of photographs during shipping/sending. Duplication on any type of material, as well as the modification and/or elimination of Iptc or Exif fields contained in the digital files, is strictly prohibited. The client may not create any database with photographs transmitted by the CMN. In no case may the client acquire the material ownership of the items transmitted by the CMN.

Terms of use of the photographs:

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Only obtaining the written consent of the CMN and paying the amounts due will allow the client to use the photographs. The client agrees to respect the moral right of the photographers and the authors of the works reproduced. The client may not make any modification (significant reframing, cropping, touch-ups, montage of several photographs, colouring, etc.) of the photographs without obtaining prior consent from the rights’ holder (CMN or other). This protects the CMN from any recourse that may be formulated.

The client agrees to comply with the restrictions accompanying the use of the photographs, if any. Any use for advertising or political propaganda purposes or for sensitive or controversial social issues is prohibited without the CMN’s prior consent.

For use on the Internet, the client agrees to disseminate the photographs in low resolution (748x512 pixels max. - 72 dpi). The CMN reserves the right to terminate the consent and transfers granted without warning or justification. In that event, the client cannot demand any compensation and agrees to stop all the uses of the photographs concerned and to destroy all the copies in his possession. If the client violates any of the terms and conditions of the use and transfer of rights, the price inclusive of tax invoiced by the CMN will be doubled as a penalty.

Photographic credits:

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Any use of photographs (including temporary storage) must be credited as follows: © photographer’s name/Centre des monuments nationaux. The credit must appear either next to the photograph or in the table of illustrations, indicating the page or the place where the photograph is used. The credit must also appear in the credits of audiovisual or multimedia works including the photographs. To use photographs in an electronic product/service such as a website, CD-R or Intranet, the client agrees to have the following appear on every page where a photograph is located: "All rights reserved by the photography department of the Centre des monuments nationaux" and the credit: © photographer’s name/Centre des monuments nationaux. If these rules are not observed, the price inclusive of tax invoiced by the CMN will be doubled as a penalty.

Proof of use :

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The client must prove the uses allowed by sending the CMN ONE copy of proof within 15 days after the date of appearance or publication. After that deadline, the price inclusive of tax invoiced by the CMN will be doubled as a penalty. The proof of use will be sent to the CMN to the attention of Isabelle Grasswill.

Price and methods of payment:

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The billing of the transmission of photographs to which the CMN does not own the rights does not include copyright. The transmission of photographs to which the CMN owns the rights will generate an invoice for the transfer of rights. The prices are set in accordance with the CMN scales in effect on the day proof of use is provided. Any non-priced use will be specifically estimated by the CMN. The CMN may invoice research expenses in addition to the price of permission and/or transfer. Upon reception of the invoice, payment is due by cheque in Euros payable to the order of the Centre des monuments nationaux - Agence comptable or by bank transfer account no. 10071-75000-00001000679 key 8 TP Paris RGF. Payment from abroad is made by a cheque in Euros from a bank domiciled in France or by international postal order.

After authorisation:

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The client agrees to destroy all the items (digital files) transmitted by the CMN and to keep no copies, including as archives.

Applicable law and competent courts:

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The authorisations and transfers of rights granted by the CMN are subject to French law. The competent courts of Paris will settle any disputes that may arise.