Any extraction or use of our data base is strictly forbidden beside the use of our web site.
1. According to this Contract, the term "photograph" or "video" is defined as "Any document which
reproduces an image or a video on an analog or digital support medium or any other support
medium depending on technical developments."
Photographs or videos are accorded under two different types of licence:
• "rights managed": use of images or videos in exchange for the payment of proportiona royalties;
• "royalty free": use of images after the payment of a one-time set rate royalty.
2. Any person (hereafter the "customer"), obtaining photographs or videos proposed by our company
(hereafter the "Agency") by any means (high or low definition downloading, by
post, by hand, etc.) is considered to have read and accepted these General Conditions
for the licensing and use of our images.
3. Any use which breaches these General conditions is illegal.
Any clause conflicting with these clauses and appearing on a commercial document of
the customer (mainly the order form...) is considered as null and void.
4. The photographs or videos made available for the customer by the Agency are the property of
their authors or beneficiaries. The Customer only acquires the right to use the photographes or videos
for aspecific purpose and duration, as described in the specific licensing conditions.
Consequently, the photographes or videos may not be sold, but only and exclusively licensed
I.1. Downloading of photographes or videos for use in mockups on the site of the agency or sending
by e-mail, FTP or any other means.Any use of the photos available on the site of the
agency without the prior transfer of rights is prohibited, with the exception of use for the
creation of mockups or preparatory works on a strictly internal basis.The digital files
used in this context must be destroyed after internal use, and within a maximum of 30
I.2. Provision of analog photographs for the customer
a) Provision of photos by post, by hand or by express delivery:The Agency will establish
a licensing slip using the information provided by the Customer indicating the references
of the photographs licensed and the waiting period, and enclose this slip with the
b) Waiting period:
During the waiting period, the analog photographs are only provided for consultation
andmay not be used. Non-compliance with this provision by the Customer will entitle the
Agencyto refuse any future services Any complaints submitted in relation to the photographs
provided for consultation purposes must be transmitted by registered letter with
acknowledgement of receipt, within five days of the receipt of the photographs.
c) Return of the documents following the waiting period, if the photos are not used and
if rights are not transferred following the waiting period, as defined in the licensing slip,
the Customer, if not intending to use the documents transmitted, must expressly and
immediately return the photos, and must take all action necessary to return the photographs
to the Agency address indicated on the slip. Should the photographs not be returned
by the indicated deadline, a set late fine will be due per day late. The amount of this
fine will be specified on the back of the contract and the customer will be responsible for
providing proof of compliance with the deadline.
I.3. Agency notification
Irrespective of the means of transfer used for the images (downloading, by post, by
hand, etc.), the Customer must notify the Agency prior to using the photographes or videos in any
way.Should the Customer not comply with this provision, the agency may not be held
liable forany use of which it was not informed.
I.4. Obligatory mentions.
Each image must be signed by law, irrespective of the format, size or level of confidentiality
of the usage in question. Consequently, the precise and complete name of the
author, and the name of the agency indicated on the digital file, or on the cover, holder
or rear of analog photos, must be visible on or near to all copies or representations for photographs and in the credits for videos .
Reproduction and/or representation rights are never transferred in an exclusive manner.
Exclusive rights can only be obtained with a specific written agreement and will imply
the payment of the royalties due for exclusive rights, in addition to those for basic rights.
I.6. Payment of royalties: cancellation condition
THE AUTHORISATION TO USE A PHOTOGRAPH OR VIDEO IS ACCORDED SUBJECT TO THE
EXPRESS CONDITION OF THE EFFECTIVE PAYMENT OF THE ROYALTIES DUE.
RIGHTS WILL BE CANCELLED IN ALL OTHER CASES. CONSEQUENTLY, NO PHOTOGRAPH OR VIDEO
MAY BE USED WITHOUT THE PAYMENT OF THE CORRESPONDING ROYALTIES,
SHOULD THIS NOT BE THE CASE, THE LICENCE CONTRACT WILL BE AUTOMATICALLY
RESCINDED AND THE REPRODUCTION OR REPRESENTATION OF THE
PHOTOGRAPH OR VIDEO WILL BE CONSIDERED AS A BREACH OF THE RIGHTS OF THE AGENCY
AND THE AUTOR.
I.7. Modification of the photograph or video
Any modification of any type is prohibited, irrespective of the format or technical process
used, without the prior written approval of the agency. If prior written approval is accorded,
the Customer will justify the modifications at initial request. Non-compliance with
this clause or authorisation conditions will imply entitlement to damages.
II-1 photographs or videos with a "rights managed" license
a) Request for authorisation to use the photographs or videos for reproduction and/or representation
with rights accorded The customer must address a request for reproduction and/or
representation authorisation with regard the selected photographs or videos entrusted or downloaded
to the agency. This request must include all legal text identifying the co-contractor
as a legal person (legal status, capital, head office, business register number), and
all relevant information on the scope and context of the planned use - scope of use: type
and format of the support medium, format used, print run, date of each publication or
representation, duration, geographical territory or location of distribution, and, when
applicable, the form of interpretation.
- context of use: name of the end user, location of distribution, if applicable, name of
each support medium, name and type of the product, service or issue to be treated,
legends or accompanying text and all other relevant information, particularly relating to
the technological procedures used for reproduction, allowing the Agency to appraise the
scope of the authorisation requested.
b) Acceptance of the request for authorisation and transfer of reproduction and/or representation
i) Acceptance procedure:
Upon receipt of the request for authorisation, the Agency will address a quote and/or invoice
specifying the terms and conditions of payment and, depending on the selected document,
the use and context indicated, the amount due in royalties, administration fees, any
gains in value, and any applicable obligations or restrictions, to the customer. The authorisation
to use the photographs or videos expressly depends on the payment of reproduction and/or
representation royalties by the deadline indicated on the invoice. Any reproduction and/or
representation of any type, which is non-compliant with the conditions of authorisation
indicated on the basis of the information provided by the customer in accordance with the
provisions of article 3 above, excludes any liability for the agency, and, if applicable, will
imply entitlement for damages.
ii) Limitation of the reproduction and/or representation authorisation:Restrictions
The Agency will notify the Customer, if applicable, of any restrictions on the use of the photographs or videos
subject to the transfer of rights of which it is aware. The licensee must provide
all relevant information as described in the above paragraph in order to receive notification
of any restrictions. Should this information not be provided, or should the information
provided be inaccurate, the Customer will be liable for any breaches of the rights of third
parties, and the agency cannot be required to protect reproduction rights if it is not notified
of all or part of the conditions of use, whether deliberately or accidentally.
iii) Mandatory supply of substantiation:
The licensee will provide complete substantiation with original copies (at least one hard
copy or an electronic version) of each of the photographs or videos published or reproduced in
consideration of the transfer. The former must reach the Agency within 15 days of publication.
Any further use of the photograph(s) or the video (s), irrespective of the support medium, including re-use
of phototools, must be subject to a further request for authorisation to use the photographs or videos and
the payment of the corresponding royalties.
II-2 "Royalty free" photographs
The customer will acquire no ownership rights for the image, and may exclusively use the
image subject to the customer's sole liability.
Authors transfer their rights to use (reproduction rights and public performance rights) the
images sold "royalty-free" for any "normally foreseeable" use subject to compliance with
the legal rights of the author, and any restrictions on use mentioned in the specific licences
applicable to these images.
b) Rights of third parties,
The photos are accorded without any guarantee with regard the rights and obligations
inherent to the use of the photographs or videos, whether these rights and obligations relate to natural
persons, the objects in the photos, (publicity rights, privacy rights, and possibly rights
to the erasure of data...), and/or any intangible rights covering the movable assets and
real estate, objects of art, or even landscapes shown. Consequently, the images are used
subject to the sole liability of the customer, and the latter must ensure that all rights or
approvals which may be required for use have been obtained. If authorisation for the
model shown is held, a copy of this authorisation will be provided at the request of the customer.
The supply of this authorisation will not imply that the Agency guarantees the validity
of this authorisation.
III.1 Digital files
Unless agreed otherwise in writing at the request of the user, the latter will destroy digital
files within 10 days of the usage for which the image(s) were downloaded.
III.2 Analog photographs
a) Procedure and deadline to return the photographs provided:
The Customer will return the photographs provided by registered post, with all protection
required to ensure the complete absence of damage, by the deadline defined in the slip.
All photographs must be returned in their original cover or holder without annotation or any
type of modification irrespective of the technical process used.
c) Loss of or damage to the photographs entrusted with the slip
The documents entrusted to the Customer are subject to the sole liability of the latter from
their issue until their return to the agency, according to the above terms and conditions. In
case of loss or damage, a set indemnity at least equal to the amount defined on the back
of the contract will be due.
a) Images used under a rights managed license
Should the customer cancel the request for reproduction and/or representation authorisation
for the photographs or videos after the issue of the invoice, the Customer must pay a set
amount calculated as follows:
- if the request is cancelled within 30 days of the issue of the invoice: 10% of the amount
invoiced excluding V.A.T.,
- if the request is cancelled after 30 days, but before 60 days, from the date of issue of the
invoice: 50% of the amount invoiced excluding V.A.T.,
- if the request is cancelled more than 60 days after the issue of the invoice: 100% of the
b) Images used under a royalty-free license
Royalties relating to an image are due when downloaded in high definition. No cancellation
is possible after the downloading or physical transmission of a photograph in high
Any use of photographs or videos breaching these general conditions will lead to the payment of a
penalty equal to five times the amount of the initial royalties, without prejudice to any
damages due.Should the credits not be mentioned, an amount equal to twice the initial
royalties due will be owed.
The agency and the Customer expressly accord competence to the courts of the location
of the head office of the Agency