Conditions of Use for the Film and Photo Archives
A. Conditions of Use for the Film and Photo Archives of the Frankfurt Tourist+Congress Board
The Frankfurt Tourist+Congress Board is happy to offer third parties the use of its film and photo material for purposes that serve to promote the tourist destination of Frankfurt am Main. This service is free of charge.
The Conditions of Use are based on the binding agreements arranged with the individual photographers and film-makers and shall be accepted as legal and binding for all matters pertaining to the publication/use of the film and image material offered herein.
Films and images are available as downloads at www.frankfurt-tourismus.de. Users acknowledge the Conditions of Use with publication/use of a film, film sequence or one or more images.
The film and image material remains the property of the Frankfurt Tourist+Congress Board. The Frankfurt Tourist+Congress Board is happy to provide the usage rights free of charge, provided that the use of the films and images in question serves the promotion (advertising, PR etc.) of the tourist destination of Frankfurt am Main and adheres to the preconditions stipulated in Section B of this document. Further, with the costfree use of the films and images provided, users acknowledge and accept the copyright regulations stipulated within this document.
Copyright laws obligate users to indicate the copyright in the following manner: “©Tourismus+Congress GmbH Frankfurt am Main” (as well as names of other parties holding rights to the film or image in question, provided that such reference is required).
The Frankfurt Tourist+Congress Board and all other copyright owners are to be mentioned according to the following sample:
„©Frankfurt Tourist+Congress Board, Photo: Philipp von Saalfeld“
FRA_10 MyZeil_Winter ©Philipp_von_Saalfeld.jpg
„©Frankfurt Tourist+Congress Board, Photo: Andreas Arnold“
„©Frankfurt Tourist+Congress Board, Photo: Fraport AG“
FRA_10 Fraport_Vorfeld©Fraport AG.jpg
Reference shall preferably be made in close proximity to the film or image in question or within a separate photo index, including the respective page number. Should the user fail to provide such reference, the Frankfurt Tourist+Congress Board reserves the right to charge the user a fee of € 500,00 for every individual case, provided that the user is unable to prove that no or lesser damage has occurred. Users of film material are obliged to make the best effort to name the Frankfurt Tourist+Congress Board as source of any film published.
Users shall provide the Frankfurt Tourist+Congress Board (Film and Photo Archives) with a sample copy of the publication or an appropriate link to the material in question without request or delay.
The usage rights granted with the loan of film and image material are valid for single use only. Repetition and/or extension of the usage rights is only permissible upon prior approval of the Frankfurt Tourist+Congress Board.
Duplicating the cost-free film and image material for purposes of proprietary archiving or the electronic or digital storage of film and image data for archiving purposes (e.g. image databases) is strictly prohibited. Digitalised variations of material on loan shall be deleted in full after use. The further transfer and/or circulation of film and image material to third parties is only permissible for purposes of reproduction. Once again, the material must be deleted in full after use.
B. Free usage of film and image material is available for:
1. Design and development of tourist-oriented offers and other promotional publications pertaining to Frankfurt am Main as produced by foreign and domestic tour operators, travel agencies, air carriers, rail and coach services, cruise lines, hotels, trade show, congress and conference organisations, incoming agencies and similar businesses.
2. Design and conception of written contributions pertaining to Frankfurt am Main as published or shown on the Internet, TV, in newspapers, magazines and brochures as well as travel guides (basic principle: text, film and image must be of an informative, tourism-oriented and – in the broadest sense – promotional character).
3. Promotional support of conferences, congresses, trade shows and exhibitions in Frankfurt am Main. This also includes advertising measures promoting cultural institutions and associated events in Frankfurt am Main (e.g. art exhibitions, theatre, concert and sporting events etc.) as well as traditional and seasonal activities held annually in Frankfurt am Main (e.g. Museum Embankment Festival, Christmas Market etc.).
4. Promotional support by business enterprises, clubs, associations and private individuals outside of the tourist industry offered in the form of corporate and product advertising for the purpose of sales and image promotion, provided that the film and image material is also used to promote the overall image of the tourist destination of Frankfurt am Main (e.g., portrayal of Frankfurt am Main in image brochures or depiction of Frankfurt am Main in product brochures etc.).
C. Exclusions from cost-free use:
1. Any use of film and image material not expressly specified in Section B, especially those in which the film or image in question serves as the basis for realising business profits. Examples hereof include postcards, calendars, picture-books, posters, bills (with the exception of tourism-oriented billboards) and similar objects.
2. Any use of film and image material as promotional support for product or service presentations outside of the tourism industry, to the extent of film and image material being used for sales promotion purposes (e.g., as background motif for product presentations etc.).
D. Further notes
Prohibition of distortion and falsification
The distortion, falsification transformation or transmutation of a copyrighted item by means of reproduction, copying, photocomposing or other alteration by digital means is strictly prohibited. Exceptions require prior approval in writing by the Frankfurt Tourist+Congress Board as well as the respective title-holder, i.e., photographer.
Compliance with the press code
Users are obligated to acknowledge and adhere to the basic principles of the German Press Council (press code). Furthermore, users are responsible for all accompanying text including captions. The Frankfurt Tourist+Congress Board assumes no liability for breaches of general personal rights or copyright infringements caused by the unauthorised, immoral and unintended use of film or image material on loan. The same applies for any derogatory portrayal of individuals depicted on the films or images on loan. The user is solely liable for damages caused to possible third parties due to infringement of such rights. Moreover, in such cases, users are obligated to release the Frankfurt Tourist+Congress Board from any possible third-party claims and to compensate for any possible legal costs incurred. The use of film and image material for immoral, violence-glorifying, pornographic, unlawful or other unconstitutional purposes is expressly prohibited.
Liability for film and image material on loan
The Frankfurt Tourist+Congress Board assumes no liability for claims for compensation resulting from the use of film and image material on loan. The user assumes full responsibility in all cases, including those resulting from the copyright of proprietary image material. The Frankfurt Tourist+Congress Board also assumes no liability for claims resulting from infringements on trademarks.
Extended protection of copyright
Users taking advantage of our cost-free film and image material are granted the usage rights of the films and image(s) in question only. The copyright remains with the photographer at all times. This applies in particular to master images and films, which – due to content particularities – are subject to further copyright protection (e.g., works from the fields of fine and visual arts etc.). Here, users are obligated to recognise further copyrights and secure permissions for publication (for collections etc.).
The Frankfurt Tourist+Congress Board is entitled to demand the destruction all printed or downloaded content should any infringement against one or more of the aforementioned items occur. Furthermore, the Frankfurt Tourist+Congress and third-party rights holders reserve the right to make claims of compensation wherever and whenever legally applicable.
Files are downloaded at the user’s own risk. The Frankfurt Tourist+Congress Board is not liable for damages that occur as a result of the download, transfer or use of files downloaded from its download area, insofar as this is legally permissible. Subject to the (applicable) law any liability for damages caused by computer viruses shall be excluded.
If not previously specified otherwise, the use of film and image material on loan is subject to the provisions of the German Copyright Act. German law also applies to deliveries from abroad. The place of jurisdiction and performance is Frankfurt am Main, regardless of the place of origin.
Should any individual provision stipulated in these Conditions of Use be or become illegal or invalid, all other provisions shall remain fully valid. A different provision shall apply ipso jure that most closely corresponds to the sense and intent of the original illegal/invalid clause, to the extent that this is legally permissible.
Place of jurisdiction and performance is Frankfurt am Main, provided that the user is a businessperson.
Tourismus+Congress GmbH Frankfurt am Main
60329 Frankfurt am Main
Tel. +49 (0) 69/21 23 88 00
Fax +49 (0) 69/21 23 78 80