DDCP – Pôle Images
62, rue Saint-Antoine - 75181 Paris Cedex 04
Courriel : email@example.com
Téléphone : +33 (0)1 44 61 21 00
GENERAL TERMS AND CONDITIONS
The website www.regards.monuments-nationaux.fr makes photographs and video available to customers.
Granting of usage rights for the photographic and video collections:
Any usage for the purposes of representation and/or reproduction of all or part of the photographic or video collection available for sale by the CMN shall in all cases be subject to the CMN's prior authorisation. Authorisation shall be granted only if the customer has provided the CMN with details concerning how the material is to be used.
All orders shall receive an invoice or a costed outline which must be validated by the customer. Photographs shall only be delivered once pricing has been accepted. Authorisation and granting of rights shall take effect only upon payment in full by the customer of the price invoiced by the CMN.
Rights (the right of representation and the right of reproduction) to photographs or videos shall be granted by the CMN to the customer in accordance with the French Intellectual Property Code (CPI). The right of representation shall mean showing of the material to the public through the use of any process (Article L 122-2 of the CPI). Reproduction shall mean physical mounting by means of any process that makes it possible to show the material to the public indirectly (Article L 122-3 of the CPI).
Authorisation and granting of rights shall be valid only for the duration, territory or territories, media types and uses set out therein. Any renewal, new use, granting or re-assignment, sale or loan of rights to third parties shall be subject to approval by the CMN. Authorisation and granting of rights to the customer shall be on a non-exclusive basis. Usage shall denote the unreserved acceptance of these general terms, which shall prevail over any other document.
For photographs or videos for which the CMN does not hold copyright, the CMN undertakes to inform the customer of the identity of the rightholder(s), if this is known to it. The CMN shall in no way be held liable for any claims that may subsequently be brought by the rightholder(s). It shall be the sole responsibility of the customer to obtain the necessary authorisations for the uses proposed and to pay the corresponding fees, where applicable.
Content of photographs and videos in the collection:
Some photographs or videos may represent and/or reproduce intellectual works that are not in the public domain, for which the CMN is not the rightholder, or images of persons or things that may be protected by intellectual property rights. The CMN shall inform the customer of the identity of the rightholder(s) where this is known to it. The CMN shall in no way be held liable for any claims that may subsequently be brought by the rightholder(s). It shall be the sole responsibility of the customer to obtain the necessary authorisations for the uses proposed and to pay the corresponding fees, where applicable. The customer shall hold the CMN harmless in respect of any legal recourse in this regard.
Assignment of photographs and videos to the customer:
Photographs and videos may be assigned to the customer by the CMN in various ways. Under no circumstances shall this constitute a usage authorisation for the same. Under no circumstances shall the CMN be held liable for the loss or deterioration of photographs or videos during transportation and/or sending. The creation of duplicates on any type of media and the alteration and/or deletion of IPTC or Exif fields contained in digital files is strictly prohibited. The customer shall be prohibited from populating any databases from the photographs or videos assigned by the CMN. Under no circumstances shall the customer acquire material ownership of the items assigned to it by the CMN.
Terms and conditions governing the usage and exploitation of photographs and videos:
The customer may only utilise photographs or videos once written authorisation has been obtained from the CMN and payment has been made for invoices.
The customer undertakes to comply with the moral rights of photographers and videographers and with the copyrights held for the works reproduced therein.
The customer may not make any alterations (significant cropping, trimming, retouching, editing, colouring, etc.) to photographs and videos without obtaining the prior consent of the copyright holder (CMN or other). Accordingly, it shall hold the CMN harmless against any legal recourse that may be availed of.
The customer undertakes to comply with any usage restrictions associated with the photographs or videos. Any usage for advertising purposes, for political propaganda or for sensitive social issues shall be prohibited unless the prior consent of the CMN has been obtained.
The CMN shall reserve the right to revoke authorisations and to rescind rights granted, without prior notice and without stating its grounds, which shall not entitle the customer to claim any form of compensation. Should this occur, the customer undertakes to stop all usage of the photographs and videos concerned and to destroy all copies in its possession. Any violation of the terms governing usage and the granting of rights shall result in a doubling of the total price charged by the CMN as a penalty.
Photographic and Videographic Credits:
Any usage of photographs or videos (including temporary storage) shall be credited as follows: © name of the author(s) of the photo or video / Centre des monuments nationaux. The credit shall either be affixed to the photograph or video, or in the table of illustrations provided for this purpose, specifying the page or the place where the photo or video is used. This wording shall also be included in credits for audiovisual and multimedia works incorporating the photographs.
For exploitation of photographs and video digitally in a website, CD-R, or Intranet product/service, the customer undertakes to include on each page on which a photo or video appears the following wording « All rights reserved by the CMN Pôle Images » and the credit: © name of the photographer or author of the video Centre des monuments nationaux. Failure to comply with these regulations shall result in a doubling of the total price charged by the CMN as a penalty.
Proofs of use:
The customer shall be required to prove authorised usage. Accordingly, it shall send to the CMN ONE original as proof within 15 days from the date on which the image or video is shown or published, after which date the price charged by the CMN shall automatically be doubled as a penalty.
Pricing and means of payment:
The assignment of photos or videos for which the CMN does not hold copyright shall be invoiced exclusive of copyright costs. The assignment of photos or videos for which the CMN holds copyright shall be accompanied by issuance of a notice of assignment of rights. Pricing shall be set in accordance with the CMN price structure that is in force on the day on which proof of usage is provided. Any usage not listed in the price structure shall be priced in an invoice issued by the CMN. The CMN reserves the right to charge research fees in addition to the price for authorisation and/or assignment.
Payment shall fall due upon receipt of invoices, and shall be settled in Euros by cheque made payable to "Centre des monuments nationaux - Agence comptable" or by bank transfer to account no. 10071-75000-00001000679 clé 8 TP Paris RGF. Payments from outside France shall be made by Euro-denominated cheque to a bank domiciled in France or by international postal order. Payments by credit or debit card are not accepted.
Upon expiry of the authorisation:
The customer undertakes to destroy all the items (digital files) assigned by the CMN and not to keep any copies, even in an archive.
Images under open license:
The "Regards" website makes rights-free photos available to users for free-of-charge use subject to the following terms:
. Pre-registration at www.regards.monuments-nationaux.fr (name, address email).
. The photograph is assigned on a non-exclusive basis.
. The digital file remains the property of the CMN images division (Pôle Images) and accordingly may not be sold to a third party.
. Download: Unlimited HD for any use (commercial or non-commercial).
. The user shall be solely liable in respect of re-use of the image: the moral rights of the work represented on the photograph must be complied with.
. Compulsory wording for photo credit: name of photo or reproduction + name of photo © CMN.
. Wherever possible, a copy for proof of use shall be sent to the CMN images division marked for the attention of Isabelle Grasswill: 62, rue Saint-Antoine - 75186 Paris Cedex 04 Proof of appearance/publication shall be included in the CMN central library.
. Ancillary costs: the user agrees to pay the fees set out in the price list for the following services:
Digitisation: Eur 23 ex-VAT / file.
Delivery of TIFF file: Eur 11 ex-VAT / file.
Photograph: Eur 100 ex-VAT / photograph.
Applicable law and competent courts:
The authorisations and assignment of rights granted by the CMN shall be governed by French law and any disputes arising therefrom shall be heard by the competent courts of Paris.