This charter is a contract between yourself (hereinafter “you”, the photographer, the author or the sender) and LicencePhoto © .
You wish to become a photographer of the LicencePhoto © network. By using the form for sending photographs and sending them, you explicitly acknowledge that you accept this charter and wish to respect each of the terms set out below, as well as all of the General Conditions of Use of LicensePhoto © . In the event of non-compliance with this charter, in particular, but not exclusively, in the event that the copyright in the photographs sent is not your property, you may then be the subject of legal proceedings by the (the ) possible purchaser (s) as well as by the original author (s) of the photographs . For thesame reasons, LicencePhoto © reserves the right to exclude a photographer and thus deny him access to all or part of the site’s services .
Thus, before you can submit your photographs, you must certify that you are the original author or own the exclusive copyright . It should be noted that LicencePhoto © reserves the right to refuse any photograph which, for its poor quality, content or any other reason would be deemed inadequate by LicencePhoto © to appear in the site’s database.
Your photographs must be scanned at a minimum resolution of 1,000,000 pixels and must not represent directly identifiable individuals .
In the event that your photographs represent architectural monuments, works, objects or brands protected by a particular copyright (intellectual property code, image and property rights, civil code, design rights and models, rights of protected trademarks), it remains your responsibility to obtain, from the holders of these rights, the necessary approval for the free distribution, use and exploitation of your photographs, in accordance with the General Conditions of Use of PhotoLicence © and with the use for which you intend your photographs on our site.
Your registration to our list of photographers, simultaneously with your first sending, allows the creation of your personal page from the information provided on the form provided for this purpose. You can choose for each of them those that you want to see disclosed to all users of the site.
As a general rule, your photographs will be exhibited along with your name or nickname with a link allowing access to your personal page.
We remind you that if you wish to sell your photographs, a valid billing address must be systematically communicated when registering for the site, to which coordinates the earnings from these sales can be sent. LicencePhoto © declines all responsibility in the event of loss or non-collection of a payment induced by the transmission of false or erroneous contact details.
For each photograph that you send us, two options are available to you:
You wish to sell your photographs for public and / or commercial use
You prefer to use your photographs for non-commercial use, strictly limited to the family
Refer to the section that corresponds to your intended use of your photographs.
In all cases, LicencePhoto © is at no time the holder of the rights to your photographs. In this way, by using LicencePhoto © and, for photographers, by sending your photographs, you expressly acknowledge that the site and its administrators are not responsible for the misuse that could be made of the downloaded photographs , whether in the context of ” free or paid use , the responsibility for such an action falling de facto to the author of the download of the photograph (s) in question.
However, insofar as this charter is based on the application of the French intellectual property code, any legal action must be dealt with by a competent court under French jurisdiction.
After reading this charter, if you have any questions concerning the legal and / or commercial terms for the acquisition of the photographs on the site, do not hesitate to contact us directly under the “contact” section of the website or at the following address: firstname.lastname@example.org .
Likewise, to complete your information, we invite you to read the terms and conditions of the site that apply to your case.
Public and / or commercial use
You want to sell your photos for commercial use . When sending your photos, they will be offered, by LicensePhoto ©, on the Internet and will be sold, if necessary, non-exclusively and free of rights, in accordance with Article L 131-4 of the French Code of intellectual property (IPC).
LicencePhoto © offers the sale of photographs either through direct unit sales by download, or through the sale of CD-ROMs comprising a variable number of photographs.
When selling a single photograph, LicencePhoto © offers the end customer a price defined according to the chosen resolution. On this basis, the photographer is paid up to 50% of the price excluding VAT charged by LicencePhoto ©
Concerning the sale by CD-ROMs, LicencePhoto © offers a single selling price per medium. The photographer’s remuneration is then calculated in proportion to the added value of the photograph (s) integrated into the support, calculated in pixels. Thus the remuneration of the photographer is established according to the formula:
Number of pixels in the photograph
x CD-ROM price x 50%
Total number of pixels of the CD-ROM
The photographer is automatically credited to his account for the remuneration due to him. The payment of the photographer’s remuneration is made after receipt by LicencePhoto © of the sums from the end customer and subject to a period of 30 days, calculated from the achievement by the photographer account of a payment threshold of ‘a minimum of 100 euros. To receive his payment, the photographer must then publish an invoice, a model of which is proposed on his personal account, and send it to LicencePhoto © whose address is mentioned on his account in the “History of your sales” section, section “My current bill”.
The photographer may however, if no new sale has occurred within six months, claim payment for his sales, whatever the amount, by sending an electronic message to the following address: contact @ licensephoto. com or in the “contact” section directly on the site.
In this context, LicencePhoto © does not directly become the owner of the rights to the photographs . Our site only offers an exhibition window to its photographers by offering a service to put the photographer in touch with the end customer. In this way, the rights are directly exchanged between the original author and the end customer who acquires a license to use the photograph.
When sending snapshots, the sender accepts the following conditions :
1) The sender certifies that he authorizes LicensePhoto © to distribute freely and without constraint each of the photographs sent by himself, and to allow access and download under the conditions provided for by the Purchaser’s Charter and more generally by the All the General Conditions of Use PhotoLicense ©, in accordance with article L 122-5 of the CPI.
2) The sender gives a mandate to LicencePhoto © to conclude on his behalf any transaction concerning his photographs, the terms of which would be in conformity with this charter.
3) The photographer undertakes to fulfill all fiscal and social obligations related to the sale of his photographs .
4) When selling, the photographer sells development rights (consisting of the rights of representation and reproduction rights ) , the broadcasting rights and exploitation rights on his (her) photograph (s), for a period of ten years without the latter being required to respect any exclusivity as regards the disclosure and sale of the photograph (s) .
5) The sender refuses to take any recourse or legal action against LicencePhoto © relating to the use of the photos for purposes other than those determined in the license agreement presently exposed, the responsibility for such action de facto incumbent on the purchaser of the photograph (s) in question.
6) The photographer may at any time and without justification request the deletion of his photographs from the LicensePhoto © database. This request must be sent by electronic message (with confirmation of reading) to the address email@example.com and will be executed within two weeks of receipt of the message. The deletion of one or more photographs may not however cancel or have any impact on any sales previously concluded on this photograph, any transaction prior to the request for deletion being kept as is .
In this way, the deletion of the aforementioned photographs only applies from the end of the two-week notice period necessary to take into account the change in status of the photograph (s) concerned. (s). Thus, except in cases of force majeure admitted by LicencePhoto ©, sales made prior to this date retain their full value and cannot be called into question.
Non-commercial use, strictly limited to the family
You prefer to use your photos for non-commercial use . When sending your photos, they will be offered, by LicensePhoto ©, on the Internet and will be left at the free disposal of the users of the site for a use strictly reserved for “the private use of the copyist and not intended for a collective use. “- Article L 122-5 of the Intellectual Property Code (CPI).
In this context, LicencePhoto © allows its users to download free photographs on its site. LicencePhoto © therefore does not ask for any participation or compensation in exchange for its services.
Thus, you remain the owner of the copyright in your photographs and there can be no question of compensation or payment of rights resulting from the sending of photographs.
When sending snapshots, the sender accepts the following conditions:
• The sender certifies that he authorizes LicencePhoto © to distribute freely and without constraint each of the photographs sent by himself, and to allow access and downloading under the conditions provided for by the Charter of the Purchaser LicencePhoto © , in accordance with the article L 122-5 of the CPI.
• The sender refuses to have any recourse or legal action against LicencePhoto © relating to the use of the photographs for purposes other than those strictly limited to the private sphere of the copyist, the responsibility for such an action incumbent de facto to the author of the download of the photograph (s) in question.
• The photographer may at any time and without justification request the deletion of his photographs from the LicensePhoto © database. This request must be sent by electronic message (with confirmation of reading) to the address firstname.lastname@example.org and will be executed within two weeks of receipt of the message.