1 General
1.1 The following General Terms and Conditions apply exclusively to all contracts for graphic design services between the graphic designer and the client. This shall also apply in particular if the Client uses General Terms and Conditions and these contain terms and conditions that conflict with or deviate from the General Terms and Conditions listed here.
1.2 The General Terms and Conditions listed here shall also apply if the graphic designer carries out the order without reservation in the knowledge that the client’s terms and conditions conflict with or deviate from the terms and conditions listed here.
1.3 Deviations from the terms and conditions listed here shall only be valid with the express written consent of the graphic designer.
2 Subject matter of the contract, copyright and rights of use
2.1 Every order placed with the graphic designer is a copyright contract aimed at the granting of rights of use to the work services. The review of the admissibility of the graphic designer’s work under competition law is not the subject of the contract. It also does not include checking whether the graphic designer’s work is registrable or usable under trademark or other protection law. The client shall be responsible for carrying out such research.
2.2 All drafts and final artwork are subject to copyright law. The provisions of this Act shall apply between the parties even if the necessary requirements for protection, e.g. the so-called level of creation, are not met in individual cases. In such a case, the provisions of copyright contract law of Sections 31 et seq. UrhG apply in such a case; in addition, the parties are entitled in particular to the copyright claims under Sections 97 et seq. UrhG.
2.3 The drafts and final artwork may not be changed or passed on to third parties either in the original or in reproduction without the express consent of the graphic designer. Any imitation – even of parts – is not permitted. A breach of this Section 2.3, sentences 1 and 2 shall entitle the graphic designer to demand a contractual penalty amounting to 100 percent of the agreed remuneration in addition to the remuneration payable in any case.
2.4 The graphic designer shall grant the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use shall be granted in each case. Any transfer of the rights of use to third parties shall require a written agreement.
2.5 The rights of use shall not be transferred to the client until the remuneration has been paid in full.
2.6 The graphic designer must be named as the author on the reproductions. Any breach of this provision shall entitle the graphic designer to demand a contractual penalty amounting to 100 percent of the agreed remuneration in addition to the remuneration payable in any case.
2.7 Suggestions or cooperation by the Client or its employees shall have no influence on the amount of the remuneration. They shall not constitute a joint copyright.
2.8 The drafts and final artwork may only be used for the agreed scope of use (in terms of time, space and content). Any use beyond the agreed scope of use (in terms of time, space and content) is not permitted and entitles the graphic designer to demand a contractual penalty amounting to 100 percent of the agreed remuneration for this extended use in addition to the remuneration already payable.
3 Remuneration
3.1 Drafts and final artwork, together with the granting of rights of use, form a single service.