Intro

Hello! Below you find the agreement on grant of rights of use. It is the same for all PICKMOTION photographers. If you agree on it, please fill in the form at the end of this webpage. For you to print and sign it, we will send you the contract per mail afterwards.  We are looking forward to welcome you to the PICKMOTION family!


Agreement on Grant of Rights of Use

between “artist” and Pickmotion UG (limited liability), represented by Mr. Lorenz Hartmann, Wolliner Straße 63, 10435 Berlin (hereinafter “Pickmotion”).

Preamble

Pickmotion is producer of high-quality printed products, postcards, diaries and wall pictures. Depicted photographs on such products are intended to create an authentic view of places and moments. Pickmotion hereby supports new photographers and makes their pictures, which have so far been intended for digital production, accessible to printing. Pickmotion produces printed products in editions customary to the publishing industry, and sells them to local retail businesses as well as on the internet.

In order to publish printed products, Pickmotion needs to be granted the rights to use the photographs.

Under these provisions the parties agree on the following:

§1 Rights

Artist is the owner of the exclusive rights of use to the photographs mentioned in the e mail contact (hereinafter “works”).

§2 Grant of licence

(1) Scope of the granted rights of use

1.1. Exclusive licence

Artist herewith grants Pickmotion the exclusive and locally unrestricted licence for the production and sale of the postcards and all related activities, for all and unknown types of use, in particular, but not concluding.

  1. a) the right of reproduction and distribution of the photographs or parts of them
  2. b) the right of making them publicly available
  3. c) the right of editing and modification of the photographs

1.2. Non-exclusive licence

Artist furthermore grants Pickmotion the locally unrestricted  non-exlusive rights of use to the works, in particular

  1. a) the right of reproduction and distribution of the photographs or parts of them
  2. b) the right of making them publicly available
  3. c) the right of editing and modification of the photographs

This includes, but not exclusively, the use

− for the production and sale of postcards

− on the website of Pickmotion

− in social media channels

− for purposes of advertising, sales brochures and image films

− for purposes of exhibitions

(2) Duration of the grant of rights

Artist grants Pickmotion the rights of use for the duration of the agreement.

Artist allows Pickmotion the rights of use for a further period of 12 months after the termination of this agreement; i.e. the works may further be used for this specified period. This includes, but not exclusively, that works which were already produced may further be used for this specified period.

(3) Grant of licence rights and sub-licence

Pickmotion is entitled to grant the licence rights for the production and sale of the printed products to third parties and to grant sub-licences.

(4) Specimen copies and right to reuse

Artist is entitled to receive up to five specimen copies of the products created from his works.

§3 Duration and termination of the agreement

(1) The agreement enters into force instantly. It is initially valid for one year. After this period it will be extended for further six months unless the parties terminate the agreement three months prior to its actual termination date.

(2) The termination of the agreement must be in writing to be effective.

(3) Each party is entitled to terminate the agreement for good reason regardless of a period of notice. Good reason are arising circumstances that, in due regard to the content and purpose of the agreement, make its continuation to one or both parties unreasonable or unfeasible.

(4) Good reason for a termination of the agreement for both parties includes a breach of contractual obligations by one party payment difficulties, financial collapse, opening of insolvency procedures, or going into liquidation by one party.

§4 Legal warranty [warranty deed] / Indemnification

Artist gives assurance that at the conclusion of this agreement no other obligations prevent him from fulfilling his obligations set forth in this agreement. Artist gives particular assurance that no other parties may raise any claim from other contractual conditions. Artist guarantees that no third party rights may be infringed by his works. Artist keeps Pickmotion indemnified against third party claims and any possible expenditure and consequences arising from such claims.

§5 Licence fees

(1) Pickmotion pays to artist the licence fees as set forth in the annex.

(2) Licence fees are exclusive of VAT.

(3) Artist expressly grants Pickmotion to accept return of products by customers.

§6 Bookkeeping and records

(1) Within one month after the end of the first and the last six months  of each calendar year Pickmotion will provide artist with accurate accounts and records of the numbers and proceeds of the contractually produced and sold products containing the artist’s designs and works. Equally Pickmotion will transfer the licence fees derived from the sales to artist for the preceding account period (i.e. one month after the end of the first and the last six months of each calendar year).

All costs of this transfer are the obligation of the licensee.

(2) Pickmotion is obliged to keep separate books and records on the turnovers and sales figures. Artist is entitled to have the accuracy of these records audited by an independent sworn auditor, accountant or lawyer (who shall be obliged to confidentiality also in front of Pickmotion) in appropriate intervals. In the event of the termination of the agreement, this shall happen one year after the termination. The costs of such audit are the responsibility of artist unless the audit results in figures deviating over 1% of the due licence fee for the audited period to the disadvantage of artist. In such event Pickmotion shall be held responsible for the costs of the audit.

§7 Delivery of the works

Artist delivers the works to Pickmotion in agreed size and quality for printing (300 dpi). The files shall be delivered by Dropbox, WeTransfer or similar providers.

§8 Confidentiality

Both parties are obliged to confidentiality in regards to the provisions of this agreement as well as any information disclosed in relation to it.

§9 Legal defence

Artist grants Pickmotion the right to prosecute any infringement of his/her works in its own name and at its own expense. In the event of noticing any infringement activities, artist shall inform Pickmotion of these without delay. But Pickmotion is not obliged to prosecute infringement activities.

§10 Governing law

This agreement will be interpreted and construed according to, and governed by, the laws of Germany. Any amendment or supplement shall be in writing. Verbal agreements will have no effect.

In the event of ineffectiveness of individual provisions in this agreement, the remaining provisions will maintain their effectiveness. The ineffective provision shall be replaced by an appropriate one which most closely reflects the economical purpose of this agreement and the intention of both parties. The same applies in the event of a gap in the provisions.

Annex: Licence fee and billing

(1) The licence fee amounts to 8% of the dealer purchase price. The dealer purchase price is the selling price of Pickmotion to shops and wholesalers.

Deposit copies, proof copies, promotion copies and review copies are free of charge. In the event that the artist is liable to VAT, Pickmotion will pay VAT added to the licence fee.

Artist will provide all details relevant to payment and billing at the conclusion of the agreement at the latest.

(2) The payment of the licence fees shall take place by 31 May and 30 November of each year within 30 calendar days following the effective date.

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