1. Applicability

These Terms and Conditions govern all agreements between the illustrator and the customer and have exclusive applicability. Individual agreements, contractual provisions and terms and conditions of business which diverge must be made in writing. These General terms and Conditions of Business apply to all business transactions.

2. Copyright and right of use

The services to be performed by the illustrator are protected by copyright. The simple payment of a fee for work does not entitle the party making the payment to use of the work. Entitlement to use of the work requires a separate agreement on the grant of rights of use and reasonable remuneration for such use. The artist retains the copyright of the work of art.

3. Rights of use, ownership

The customer has a right of possession to works only for as long as possession of the works is absolutely necessary for the agreed use of the illustrator’s work. In all cases the right of possession will terminate at the latest when the contract between the Illustrator and the customer terminates. The purpose of the drafts passed to the customer is consultation with the customer. No further rights of use to such drafts are granted to the customer. Unless otherwise expressly agreed any additional contractual rights of use applies exclusively to the approved drawing.

The illustrator’s work and services may only be used to the extent agreed for the order or which arise from the purpose of the order. In the absence of any other written agreements, the customer will receive only simple rights of use or other rights, and only for the agreed term and for the agreed purpose and territory of the use. Any other use or use over and above the use originally agreed is only permissible on the basis of a particular written grant of a right of use and payment of an additional fee in the proportion of the additional use to the original use.

The transfer to third parties of rights of use already granted is subject to the consent of the illustrator. The illustrator will have a right to disclosure of the extent of the use. Proposals or any other contributions by the customer rise to no shared copyright of the customer. Rights to the illustrator’s services, particularly rights of use, do not pass to the customer until payment of the total relevant remuneration to the illustrator for the entire order has been made in full.

The customer is not entitled to edit or modify the works (whether originals or digital files or reproductions) in whole or in part, or to modify them in other ways and/or to have them edited or modified by third parties unless this is expressly agreed as part of the agreed grant of rights. This additional grant of rights is subject to payment in every case.

After performance of the service the illustrator is not under any obligation to archive the files. The illustrator is, in particular, not under any obligation to archive work files created in the computer including source codes and/or pass such files to the customer. If the customer requires the files to be archived and/or surrendered, this must be agreed and remunerated separately.

In the event of any violation of the rights or use, editing rights or credit rights, the illustrator is entitled to demand a contractual penalty in an amount which is three times the agreed basic fee. The right to bring claims for compensation or an indemnity or other rights in addition to the contractual penalty remains unaffected.

Unless expressly agreed to the contrary, all works created by the illustrator may be used by the illustrator to advertise their services.