The terms and conditions for using the Picture Service of the Munich City Tourist Office:

Dear Sir or Madam,

Hereby are the terms and conditions for using the Picture Service of the Munich City Tourist Office.
For the production of journalistic articles about Munich in German and foreign newspapers, magazines, brochures and travel guides you may use it free of charge. 
If you want to use the illustrations for non-touristic purposes or the emphasis is placed on commercial use, as, for example, in calendars, illustrated books, picture postcards etc., we would kindly ask you to read the terms and conditions of use with great care.
We hope that you will find our illustrations a useful aid and thank you for your interest in Munich.
The Munich City Tourist Office.

These terms and conditions of use are based on binding arrangements with the photographers and are legally binding on every operation in making illustrations available.
The purpose of the Picture Service of the Munich City Tourist Office is to support the advertising activities of third parties in promoting Munich tourism by making illustrations, video cassettes and films available.
The Tourist Office concedes to the user of the illustrations lent to him/her a simple right to use them free of charge, provided their use serves the purposes of touristic advertising and public relations. At the same time, the Tourist Office reserves the right to grant the right of use to other users.


Free use includes in particular:
1. designing tourist offers relating to Munich as well as other advertising publications by German and foreign tour operators, travel agencies, airlines, train and bus companies, shipping companies, hotels, trade fairs, congress and conference organisations, incoming offices and similar firms (e.g. also travel advisors in industrial companies).

2. designing journalistic contributions about Munich in German and foreign newspapers, magazines, brochures and travel guides (the principle is that the text accompanying the picture should provide tourist information and be of a promotional character in the broadest sense).

3. The promotional support of conferences, congresses, trade fairs and exhibitions of every kind in Munich. The includes advertising for visits to cultural facilities and events put on by them in Munich (e.g. art exhibitions, events put on by theatres, concerts and sporting events) and to traditional seasonal activities in the Munich year (Fasching (Carnival), Strong Beer Season, summer festivals, Oktoberfest, Dults (street markets and fairs) and the Christmas Market).



Excluded from free use are:
1. those uses in which the picture primarily forms the basis for making financial gain. This is especially the case with picture postcards, calendars, picture books, posters, placards (except for tourist advertising posters) and similar objects.
2. Pictorial support for the presentation of goods or offers of services by commercial companies outside the tourist industry, insofar as they want to use the illustrations solely for the commercial support of their interest in sales and their image (e.g. as a background picture in shop window decorations for clothing, or to present their image in brochures in which real estate is offered for sale).

Note: 
If illustrations cannot be made available free of charge, the Tourist Office will be of assistance in an advisory capacity to the best of its ability in procuring good picture subjects.


The prohibition of the duplication, digital storage and passing on of illustrations
When illustrations are made available free of charge, they may not be duplicated for the user’s own archives nor is the electronic or digital storage of picture data for the user’s own archives allowed (e.g. in picture data banks). Digitalised pictures of the material made available are to be deleted after use. Passing the illustrations on to third parties is only allowed for the purpose of reproduction. Passing on material by means of data carriers (e.g. on cartridges, discs, CDs and the like) is also only permissible for purposes of reproduction.
In the event of non-compliance the user undertakes to furnish the Tourist Office and/or the author of the picture with detailed information without delay on the nature and extent of the unauthorised use. Moreover, the material that has been duplicated without permission is to be handed over to the Tourist Office free of charge.


The prohibition of alienation and falsification
Any distortion or falsification of work protected by copyright by means of drawing, rephotographing, photo composition and other changes by photomechanical or digital means is not allowed. Exceptions require the consent of the Tourist Office and in each case of the author of the picture concerned.


The restriction of use
The rights of use granted when the illustrations are made available apply only to one single use to and to the extend agreed upon.
Repetitions and other extensions of the originally granted right of use are only allowed with the previous written consent of the Tourist Office. 


The extent of the rights of use
Free use solely covers the right to use the photographic copyright. That applies in particular to copies whose content is subject to a further copyright protection (e.g. works of the fine and interpretative arts). The payment for further copyrights and obtaining permissions to publish from collections etc. is incumbent upon the user.


Property and the lending periods
The illustrations made available remain the property of the Munich City Tourist Office. The material is made available only as a loan in each case with the agreement of an appropriate date for its return. After the expiry of this period all the illustrations that were made available must be returned in their entirety. A divergent arrangement (e.g. in favour of a use partnership with tourist boards, the German National Tourist Office and the like) must be made in writing.


The liability for the material made available
The illustrations made available should be handed with the greatest possible care. The user is liable for the said material until it is returned intact to the Picture Service of the Munich Tourist Office. He/she shall bear the costs and incur the risk of returning the material.

The Tourist Office’s exclusion of liability
The Bavarian Capital of Munich is not liable for claims for compensation which might arise from using the material made available. In each case the user bears full responsibility himself, including that of the right to his own picture. Nor does the Tourist Office accept liability for claims arising from the infringement of trade marks.


Naming the author of the picture and courtesy copies
When using the illustrations, the name of the author of the illustration has to be indicated, in accordance with section 13 of the German Copyright Act. In addition, the words “Munich Tourist Office” or the abbreviation “FVAmuc” must be added to the name. Moreover, the Tourist Office (Picture Service) is to be sent a complete courtesy copy of every publication without delay and unsolicited.


Observing the Press Code
The user undertakes to observe the journalistic principles of the German Press Council. (Press Code). He bears responsibility for the text given to the picture. The Tourist Office accepts no liability for any infringement of the general right of personality or of copyright through any use in picture or text which is contrary to any agreement reached and which offends against morals or distorts the sense. The same applies to any disparaging representation of persons shown in the illustrations made available. Should such rights be violated, the user alone is liable for damages claimed by thirds parties.


Other legal agreements
Insofar as not explicitly mentioned above, any use is subject to the provisions of the German Copyright Act. In the case of deliveries from abroad German law shall apply. In the event of litigation, the courts of Munich shall have sole jurisdiction in each case. Should any provision of these terms and conditions of use be null and void, the validity of the other provisions is in no way affected by that. In place of the invalid provision, an arrangement in keeping with the sense and purpose of the agreement shall apply which the parties would have desired had they been aware of the invalidity.



Munich, January 2002

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