The photographs and texts presented on the site www.signatures-photographies.com are not public domain, copyright-free resources.
The following conditions are binding for the signatory.
Each signatory declares to be vested with the necessary powers of representation.
The Client must satisfy the following conditions in order for the utilisation of photographs distributed by the Signatures Company to be considered licit. Moreover, the rights detailed in the invoice must be paid in full and confirmation of the utilisation(s) must be declared with the order.
The laws of March 11th 1957 and July 17th 1970 protect photographic works, which cannot be used or reproduced in whole or in part without prior written agreement from the Signatures Company.
All of these rights are codified under French law within the Code of Intellectual Property (legislative section: law 92-597 of 1.7.92; statutory section: decree 95-385 of 10.4.95), which repeal and replace the laws of 11.3.57 and 3.7.85. Any utilisation that may be prejudicial to the author and/or to any third parties represented is forbidden.
Offenders will be prosecuted without prejudice to any other form of appeal.
The photographs distributed by the Signatures Company are the full and exclusive property of their author or assignee. They are never sold and are only available under license. It is strictly forbidden that the Client lease, loan or resubmit the works for licence, either on terms of precarious tenure or gratuitously.
In view of the respect due to the author's inalienable rights, the reframing of documents requires prior consent from the Signatures Company, as does any alteration to the interpretation of a document (laws of March 11th 1957 and July 17th 1970).
The delivery of photographs does not automatically comport the authorisation to utilise, reproduce or represent these works. Only if the Client validates the conditions contained herein shall such authorisation be deemed granted and the corresponding utilisation be licit.
Any disagreement or reserve on the Client's behalf concerning any one of the present conditions must imperatively be notified in writing prior to any utilisation, reproduction or representation of photographs. Such actions remain illicit until express formal permission has been obtained from the Signatures Company.
The utilisation - reproduction, representation - of photographs shall be deemed licit provided that :
- the Client validates the conditions contained herein.
- the Client respects its statement of utilisation. For any other utilisation, reutilisation or extension of use to be deemed licit, a new authorisation must first be obtained.
Upon observation of the facts, any illicit utilisation (an undeclared utilisation, or one that is in excess of the authorised limits and conditions etc.) shall give rise to the imposition of an immediately payable lump-sum penalty that shall be equivalent to 5 times the agreed amount of rights payable for a declared utilisation..
The Client hereby pledges to destroy the digital files it has been supplied with following reproduction or representation. Any litigation resulting from the dissemination or utilisation of works due to the conservation of such files without obtaining prior authorisation shall be the sole liability of the Client.
At the end of the utilisation term, any conservation of a digital file by the Client or any third parties is strictly prohibited.
For any new utilisation of the photograph, regardless of the publication medium, prior authorisation must be obtained and the rights in question paid in full.
The loan of photographs may involve search fees where appropriate, agreed in advance and invoiced independently from utilisation rights.
Proof of publication
A complimentary copy of each publication must reach the Signatures Company within 30 days at the latest, as of the date of release.
In the case of digital utilisation, the Client will provide the website address, internet link or a copy of the screen.
Any failure to send or lateness in the remittance or delivery of proof shall give rise to the imposition of an immediately payable compensation penalty, fixed at the equivalent of twice the amount of rights owing, without prejudice to any other damages.
he mention of the photographer's name, followed by "Signatures" and accompanied by the mention "all rights reserved" or copyright (the symbol ©) must always be included opposite each reproduction or in such a way that the photograph may be identified without confusion or ambiguity: © Photographer's name / Signatures.
Any omission of this mention, any erroneous, incomplete or grouped signature that does not allow the author's proper identification, will give rise to the imposition of an immediately payable compensation penalty, fixed at 50% of the amount of rights due, in the case of an incomplete signature and 100% of the amount of rights due in the case of a total absence of signature, without prejudice to any other damages.
Captions and authorisations
The Client is solely liable for any failure to respect captions provided by the Signatures Company.
Unless a clause expressly stipulates to the contrary, the Signatures Company does not provide any authorisation or publication agreement issued by persons depicted in the photographs, owners of personal property or real estate, nor from the authors or author's assignees of copyrighted artistic or architectural works represented therein .
The Client acts at his/her sole discretion in the choice of photographs, as in the case of his/her selection of articles and texts, and thus of editorial content in general, of which (s)he is the sole party informed and to which (s)he associates the photographs that (s)he reproduces and publishes. The Client is thereby solely liable with respect to the parties listed above and shall refrain from engaging in proceedings against the Signatures Company in the case of complaint, appeal or actions for damages/libel or other such submission on the part of the aforementioned parties .
In the case of a delayed or incomplete declaration of the type and extent of illicit utilisation deemed prejudicial to the author and/or to third parties represented therein, the borrower of the documents and the user are solely liable with respect to these persons and must personally handle the consequences in the case of third party complaints .
With regard to the particular case of authors’ copyrighted artistic or architectural works, the Client should apply to the rights-collecting or rights-managing companies likely to represent them :
ADAGP, 11 rue Berryer, 75008 PARIS / SAIF, 121 rue Vieille du Temple, 75003 PARIS.
Rights and payment
Promotional utilisation of our photographs (separate print runs of covers, flyers accompanying kiosk sales etc.) is subject to special pricing (based on "publicity usage" price lists). The rights invoiced at the time of publication of the photographs does not include the right of facsimile for promotional utilisation, for which prior written permission must be obtained and a new set of rights shall be invoiced.
Invoices are drawn up according to information provided in good faith by the Client.
Any false information regarding the utilisation of photographs may give rise to the imposition of an additional cost with respect to the original contract and may even result in the cancellation of the contract.
All of our prices, all amounts featured on our price lists or other commercial documents shall be read as VAT-exclusive (before tax).
The invoice shall include the due date for payment in accordance with the provisions of the law of 15 May 2001, which notably appear at article L.441-6 of the French Code of Commerce.
Invoices issued by the Signatures Company must be paid in full by the aforementioned date. In the case of overdue payment, the Signatures Company will apply penalties of up to 15% of the amount owing, excepting legal costs and interest, in accordance with the aforementioned article.
The Signatures Company does not sell or release information about its Clients to third parties. Any information that is communicated to us, including your email address and telephone number, is used for internal purposes only to inform you of our Company's latest news and features. The Signatures Company also uses your account information to personalise the content and services offered to you. Your activity on the website www.signatures-photographies.com is recorded anonymously in order to establish statistics and improve the performance of our services.
All financial information transmitted to the Signatures Company shall only be recorded in a database that is accessible internally.
The Signatures Company will regularly send you information concerning its latest features likely to be of interest to you. If you no longer wish to receive this information, please return the email to sender and your address will be eliminated from our list.
Any loan, license or utilisation implies adhesion to the specific and general conditions of the present contract.
In the case of litigation, the Courts of Paris shall have exclusive jurisdiction.