Information in Accordance with Section 5 TMG (Telemedia Act)

Sebastian Donath
Pariser Str. 52
10719 Berlin Germany

Website: www.sebastian-donath.com
E-Mail: mail(at)sebastian-donath.com
Phone: +49 (0) 30 347 619 52

VAT: DE 269 742 899

Webdesign / Coding
Kim Kleinert


Responsible for Content According to § 55 RStV (Broadcasting Treaty)

General Terms and Conditions (GTC) for Photography, Film and Content Production of Sebastian Donath

1. §1 DEFINITIONS, SCOPE OF APPLICATION
   (1) These General Terms and Conditions (GTC) apply to all contracts between Sebastian Donath (hereinafter referred to as the “Photographer” or “Contractor”) and his clients concerning the creation of photographs, film footage, video productions, moving image content, social media content, aerial photography, image editing and other creative services. (2) These GTC apply both to businesses (Section 14 of the German Civil Code (BGB)) and to consumers (Section 13 of the German Civil Code (BGB)), unless individual provisions are expressly stated to apply exclusively to businesses. (3) Any terms and conditions of the Client that conflict with or deviate from these General Terms and Conditions shall only form part of the contract if their validity has been expressly agreed to in writing. (4) These General Terms and Conditions shall also apply to all future business relationships between the contracting parties, without the need for them to be referred to again. (5) Individual written agreements between the contracting parties shall take precedence over these General Terms and Conditions.
   §2 Conclusion of Contract
   (1) Offers made by the Contractor are subject to change and non-binding, unless they are expressly designated as binding. (2) A contract is only concluded by means of: a written order confirmation, confirmation by email, digital acceptance of the offer, an electronic signature, or, at the latest, upon commencement of the provision of services. (3) Changes to the agreed scope of services require written confirmation. (4) There are no verbal side agreements.
   §3 Scope of Services
   (1) The scope of services shall be determined exclusively by the quotation, briefing, order confirmation and any written addenda. (2) The Contractor is obliged to deliver a creative, professional result in accordance with the agreed style; however, the Contractor is not obliged to ensure any specific commercial success or to cater to the Client’s subjective tastes. (3) The Contractor expressly reserves the right to artistic freedom. This includes, in particular: image composition, camera work, perspective, lighting, colour scheme, visual language, image selection, video editing, colour grading, music selection (where agreed), animations and motion graphics. (4) The Contractor is entitled to engage suitable staff, assistants, freelancers or subcontractors to fulfil the contract. (5) Services not expressly offered shall be deemed not to be owed. These include, in particular: make-up artists, styling, set construction, locations, models, voice-over artists, music licences, drone permits, casting, props, permits, and data backup beyond the agreed archiving period.
   §4 The Client’s Obligations to Cooperate
   (1) The Client undertakes to provide all information necessary for the performance of the contract in full and in a timely manner. This includes, in particular: briefings, logos, corporate design guidelines, contact persons, timetables, approvals, filming permits, access arrangements, and on-site contact persons (2) Delays resulting from late cooperation shall extend agreed delivery dates accordingly. (3) Any additional costs incurred shall be borne by the Client. (4) The Client warrants that it holds all necessary rights to the templates, trademarks, products, designs or other materials provided. The Contractor shall not be liable for any infringements of rights arising from the materials provided.
   §5 Quotations
   (1) Quotations shall generally remain valid for a period of 30 calendar days, unless otherwise agreed. (2) All prices are net plus statutory VAT, where applicable. (3) Cost estimates are based on the known scope of services. Subsequent changes may result in an adjustment to the remuneration. (4) Services going beyond the original brief will be charged on a time-and-materials basis.
   §6 Remuneration
   (1) The agreed fee covers only the services described in the quotation. (2) Rights of use are not, as a rule, included in the production fee, unless otherwise agreed in writing. (3) All rights of use are licensed separately according to type, scope, duration, medium and territory of distribution. (4) All ancillary costs shall be invoiced separately. These include, in particular: travel expenses, hotel accommodation, parking fees, tolls, out-of-pocket expenses, studio hire, equipment hire, assistants, make-up artists, stylists, models, permits, props, courier costs, postage, data storage media, cloud storage, music licences, stock footage, drone costs (5) The Contractor is entitled to demand reasonable instalment payments prior to the start of production. (6) For productions with a contract value exceeding €2,500 net, a deposit of up to 50% may be required.
   §7 Terms of Payment
   (1) Invoices are payable within ten calendar days without deduction. (2) Should the Client fall into arrears, the statutory provisions regarding default shall apply. (3) The Contractor is entitled to withhold further services until full payment has been received. (4) All rights of use shall only be granted once all invoices have been paid in full. (5) Set-off is permitted only against undisputed claims or those that have been legally established.
   §8 Deadlines, Production Postponements and Cancellation Fees
   (1) Agreed production deadlines are binding. (2) Any postponement of a deadline requires written consent. (3) If an order is cancelled or postponed for reasons beyond the Contractor’s control, the following cancellation fees shall apply: up to 30 calendar days before production: 25% up to 20 calendar days before production: 50 % up to 10 calendar days before production: 75 % less than 96 hours before the start of production or failure to attend: 100 per cent in each case based on the agreed production fee plus any third-party costs already incurred. (4) Costs for third parties already commissioned, travel expenses or production costs will be charged additionally. (5) Bad weather does not automatically constitute grounds for cancellation. Outdoor productions will be rescheduled where possible. Costs already incurred remain payable. (6) If a production has to be extended due to delayed decisions, missing approvals or organisational shortcomings on the part of the client, each additional hour or part thereof will be charged at the agreed hourly rate. (7) The contractor is entitled to postpone productions for good cause (force majeure, illness, accident or official order). Claims for damages arising therefrom are excluded, provided there is no wilful misconduct or gross negligence.
   
   
   

   Copyright, rights of use and special provisions regarding services

   §9 Copyright
   (1) All photographs, film recordings, video sequences, moving-image productions, graphics and other creative works produced by the Contractor are subject to the German Copyright Act (UrhG). (2) The Contractor remains the sole author of all works, irrespective of any remuneration. (3) The remuneration grants only those rights of use expressly agreed in writing. Ownership rights or copyright are not transferred. (4) All rights not expressly granted remain with the Contractor. (5) The Contractor is entitled to use their works for the purposes of self-promotion, in particular on their website, in portfolios, exhibitions, competitions, social media and presentations, provided that no written confidentiality agreement or alternative agreement exists.
   §10 Rights of Use
   (1) Rights of use are granted exclusively to the extent agreed in the contract. These include, in particular: * type of use, * territory of use, * duration of use, * media, * print runs, * scope of the campaign (2) Any use beyond the agreed scope requires the prior written consent of the Contractor. (3) Rights of use shall only come into effect upon full payment of all invoices. (4) Any extension of use (sub-licensing) shall be remunerated separately. (5) Unless expressly agreed in writing, all rights of use shall be deemed to be: * non-exclusive, * non-transferable, * non-sub-licensable
   §11 Sublicensing
   (1) The Client is not authorised to transfer rights of use, in whole or in part, to third parties. This applies in particular to: subsidiaries, * parent companies, * group companies, * holding companies, * franchisees, * distribution partners, * commercial agents, * licensees, * cooperation partners, * agencies, * production companies (2) Any sub-licensing requires the prior written consent of the Contractor. (3) A separate licence is generally required for each additional company within a group.
   §12 Disclosure to Third Parties
   (1) The disclosure of photographs, videos or other works to third parties is permitted only with the prior written consent of the Contractor. (2) This applies in particular to: * advertising agencies, * PR agencies, * social media agencies, * printers, * film production companies, * publishers, * the press, * influencers, * content creators, * external service providers (3) Disclosure for the purposes of processing, archiving or publication is not permitted without a corresponding written agreement.
   §13 Attribution
   (1) The Contractor is entitled to have their name credited in accordance with § 13 of the German Copyright Act (UrhG). (2) Where customary in the industry, attribution shall take the following form: **Photo / Video: Sebastian Donath** (3) If the agreed attribution is culpably omitted, the Contractor may demand reasonable additional remuneration.
   §14 Social Media
   (1) Publication on social media platforms is permitted exclusively to the agreed extent. (2) The rights granted cover exclusively the agreed platform. These include, for example: * Instagram, * Facebook, * LinkedIn, * TikTok, * YouTube, * Pinterest, * Threads, * X (3) Use for paid advertisements, sponsorship or promotion is only permitted if this has been expressly agreed. (4) Cropping or adaptation to platform formats is permitted, provided that this does not result in any distortion of the work.
   §15 RAW files and raw video footage
   (1) RAW files, camera negatives, raw video footage, raw audio data, project files, edit files and other production data shall remain exclusively with the Contractor. (2) As a general rule, there is no entitlement to the return of such material. (3) Such material shall be returned only on the basis of a separate written agreement and in return for additional remuneration. (4) The handover of such material does not entail the transfer of any copyright.
   §16 Image editing
   (1) The Contractor shall decide on the selection and editing of the delivered works. (2) The scope of services comprises exclusively the agreed editing steps. These include, for example: * colour corrections, * retouching, * beauty retouching, * cut-outs, * composites, * colour grading (3) Requests for subsequent changes will be charged on a time-and-materials basis.
   §17 Video Production
   (1) The scope of services is determined exclusively by the quotation and briefing. (2) Video productions may include, in particular: * concept development, * storyboarding, * filming, * interviews, * promotional films, * social media clips, * Reels, * behind-the-scenes footage, * drone footage, * editing, * colour grading, * sound editing, * subtitles, * animations, * motion graphics (3) Unless otherwise agreed, two rounds of revisions are included in the editing process. Any further requests for changes will be charged on a time-and-materials basis.
   §18 Event Photography
   (1) At events, the Contractor shall document the proceedings at their own artistic discretion. (2) A right to have specific individuals, situations or programme items photographed shall only exist if this has been expressly agreed in writing. (3) Due to the nature of live events, no guarantee can be given regarding specific subjects.
   §19 Portrait Photography
   (1) The composition of the images shall reflect the contractor’s artistic style. (2) The client shall receive the photographs selected and edited as part of the image selection process. (3) There is no entitlement to receive all photographs taken.
   §20 Corporate, Business and Advertising Photography
   (1) Corporate photography projects shall be carried out in accordance with the agreed corporate design. (2) The client shall provide logos, design guidelines, colour specifications and other brand elements in good time. (3) The contractor accepts no liability for any trademark or design infringements arising from incorrect specifications provided by the client. (4) Rights of use relating to campaigns shall be governed exclusively by the contractually agreed licence.
   §21 Specimen copies
   (1) Upon request, the Client shall provide the Contractor with specimen copies or digital proofs of all publications free of charge. (2) This applies regardless of whether the publication appears in print media, online media or on social media.
   
   
   

   Protection of works, artificial intelligence (AI), data use and archiving

   §22 Protection of Works against Artificial Intelligence (AI)
   (1) All photographs, film footage, video files, individual images, image series, raw data, preview images, contact sheets, metadata and other work products created by the Contractor are protected by copyright. (2) Unless expressly agreed in writing, no right is granted to use these works, in whole or in part, for artificial intelligence applications. (3) This applies regardless of whether the use is for consideration or free of charge.
   §23 Prohibition on Use for AI Systems
   In particular, the client is prohibited from: * using photographs or videos to train artificial intelligence, * creating datasets, * training machine learning models, * training large language models (LLMs), * training vision models, * training computer vision systems, * training facial recognition systems, * to train object recognition systems, * to generate embeddings, * to carry out fine-tuning, * to perform style transfer, * to train image generators, * to train video generators, * to train multimodal AI systems, * to generate synthetic datasets, * Derive training data, * Perform automatic annotation, * Carry out data mining, * Perform data enrichment, * Carry out semantic analysis, * Use automated image recognition. This also applies to future technical processes of a similar nature.
   §24 Prohibition on uploading to AI platforms
   Without express written consent, the Contractor’s works may not be uploaded, either in full or in part, to AI platforms or similar systems. These include, in particular: * ChatGPT, * Midjourney, * Adobe Firefly, * Stable Diffusion, * Flux, * Ideogram, * Runway, * Pika, * Kling, * Luma AI, * Google Imagen, * Meta AI, * OpenAI Sora, * as well as all current and future AI services. This prohibition applies regardless of whether the platform is operated publicly or internally within a company.
   §25 Prohibition on automated processing
   Without the Contractor’s written consent, photographs and videos must not, in particular, be * retouched using AI, * automatically coloured, * extended (outpainting), * supplemented (inpainting), * upscaled, * stylistically altered, * synthetically animated, * automatically dubbed, * automatically synchronised, * automatically translated, * automatically extended or * altered in any other way by artificial intelligence. The only exceptions to this are technically necessary resizing or file conversions that do not alter the content.
   §26 Protection against scraping and data mining
   The Client undertakes to protect all works against automated extraction, insofar as this is technically possible and economically reasonable. In particular, the following are prohibited: * web scraping, * automated crawling, * dataset creation, * image collections for AI training, * mass downloads, * automated archiving for the purpose of training artificial intelligence.
   §27 IPTC, EXIF and Copyright Metadata
   (1) All IPTC, EXIF and copyright information must not be removed or altered. (2) This also applies to digital watermarks, copyright notices or other indications of origin. (3) Changes necessitated by technical reasons are not affected by this provision, provided that no copyright notice is removed as a result.
   §28 Cloud Hosting
   The Client may store the delivered works on cloud systems, provided that * they are used exclusively for the Client’s own business operations, * they are not disclosed to third parties, * no AI analysis is carried out, * no automatic analysis is carried out, * they are not used for training purposes. Uploading content to publicly accessible platforms requires contractually agreed rights of use.
   §29 Archiving
   The Contractor shall, as a general rule, archive production data for a period of 6 months from the date of delivery. Once this period has expired, there is no obligation to continue storing the data. A longer archiving period may be agreed in writing in return for separate remuneration. The Contractor accepts no liability for data loss after the expiry of the archiving period.
   §30 Use of Stock and Databases
   The inclusion of the works in * image databases, * stock agencies, * asset management systems, * media archives, * image pools, * corporate databases, is permitted only if this has been expressly agreed in writing. Use by third parties via such databases requires a separate licence.
   §31 Agencies and Group Companies
   Where works are created for agencies, the rights of use granted apply exclusively to the end customer specified in the contract. Use by other companies within a group, subsidiaries or associated companies requires a separate written licence agreement.
   §32 Social media agencies and influencers
   Disclosure to social media agencies, influencers, creators or content producers is permitted only if this is expressly included in the agreed licence. Clients shall be liable for all uses by third parties acting on their behalf.
   §33 Sub-licences
   If the originally agreed scope of use is extended, in particular with regard to * duration of use, * countries, * media, * campaigns, * forms of advertising, * target groups, * platforms, a corresponding sub-licence must be obtained before the extended use commences. Remuneration shall be based on the fee and licence agreement in force at the time of the extension or, in the absence of an individual agreement, on the standard market rates.
   §34 Breaches of Contract
   In the event of culpable use beyond the granted rights of use, the Contractor shall be entitled to * demand cessation, * demand information regarding the nature and scope of the use, * claim damages in accordance with statutory provisions, * demand reasonable remuneration for the additional licence. Any further statutory claims remain unaffected.
   
   
   

   Data Protection, Liability, Warranty and Final Provisions

   §35 Data Protection (GDPR)
   (1) The Contractor shall process personal data exclusively in accordance with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). (2) Personal data shall be processed only to the extent necessary for the performance of the contract or where there is a legal obligation to do so. (3) The Client warrants that all personal data provided by them has been lawfully collected and that its processing is permissible within the scope of the performance of the contract. (4) Where necessary, the contracting parties shall enter into a data processing agreement in accordance with Article 28 of the GDPR. (5) Further information can be found in the Contractor’s current privacy policy.
   §36 Personal Rights and Model Releases
   (1) The Client is responsible for obtaining all necessary consents from the persons photographed or filmed, insofar as this is required by law. (2) The Contractor accepts no liability for any lack of consent, unless the procurement thereof has been expressly agreed in the contract. (3) If the Client provides models, employees or other persons, the Client warrants that all necessary rights of use and publication have been obtained.
   §37 Confidentiality
   (1) Both contracting parties undertake to treat as confidential all trade and business secrets that come to their knowledge in the course of their cooperation. (2) This applies in particular to: * marketing strategies, * product developments, * campaigns, * price lists, * briefings, * prototypes, * internal company information, * unpublished image and video content (3) This obligation shall continue to apply even after the contractual relationship has ended.
   §38 Force majeure
   (1) Events of force majeure shall release both contracting parties from their obligations to perform for the duration of their effects. These include, in particular: * natural disasters, * severe weather, * floods, * fire, * pandemics, * epidemics, * strikes, * official orders, * war, * terrorist attacks, * power cuts, * internet outages, * total technical failures (2) Expenses already incurred shall be reimbursed by the Client. (3) Both contracting parties shall endeavour to agree on an alternative date.
   §39 Liability
   (1) The Contractor shall be liable without limitation in cases of wilful misconduct and gross negligence. (2) In cases of simple negligence, the Contractor shall only be liable for breaches of material contractual obligations (cardinal obligations) and such liability shall be limited to the foreseeable damage typical for this type of contract. (3) Liability for indirect damage, consequential damage, loss of profit or loss of production is excluded – to the extent permitted by law. (4) Liability for data loss is limited to the costs that would have been incurred had the Client carried out proper data backups. (5) The statutory liability provisions in the event of injury to life, limb or health remain unaffected.
   §40 Warranty
   (1) The Client must inspect the delivered works immediately upon receipt. (2) Obvious defects must be reported in writing within seven calendar days. (3) If no notice of defects is given within this period, the works shall be deemed to have been accepted with regard to obvious defects. (4) In the event of justified defects, the Contractor shall initially be entitled to rectify the defect. (5) If rectification ultimately fails, the Client may, in accordance with statutory provisions, claim a reduction in price or – provided the statutory conditions are met – withdraw from the contract.
   §41 Acceptance
   (1) Where a contract for work and services applies, the client is obliged to accept the services provided in accordance with the contract. (2) Acceptance shall be deemed to have taken place * when the works are published, * when they are put into productive use, * when they are paid for, * or if no written notice of material defects is given within seven calendar days of delivery.
   §42 Retention and Deletion
   (1) Once the archiving period set out in §29 has expired, all production data may be deleted. (2) There is no obligation to store the data permanently. (3) The client is obliged to back up the delivered data themselves upon receipt.
   §43 Use as a reference
   (1) Unless precluded by an express written confidentiality agreement, the Contractor is entitled to use the Client’s name and the works produced as a reference. (2) This applies in particular to: * portfolios, * websites, * social media, * presentations, * exhibitions, * competitions, * print portfolios, * self-promotion
   §44 Final Provisions
   (1) Any amendments or additions to this contract must be made in writing, unless a more stringent form is required by law. (2) Should any individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. (3) The invalid or unenforceable provision shall be replaced by a provision permitted by law that most closely approximates the economic purpose of the original provision. (4) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of private international law. (5) The place of jurisdiction for all disputes arising from this contractual relationship shall be – insofar as permitted by law – Berlin.
   §45 Entry into force
   These General Terms and Conditions shall come into force upon publication and shall apply to all contracts concluded between the Contractor and its clients from that date onwards. **Sebastian Donath** Photographer · Videographer · Content Producer Berlin
   
   
   

   Special provisions for advertising, film and international productions

   §46 Buy-out licences
   (1) A buy-out of all rights of use shall take place exclusively on the basis of an express written agreement. (2) A production fee alone does not constitute a complete transfer of rights. (3) Even in the case of buy-out agreements, all moral rights remain with the contractor.
   §47 Exclusivity
   (1) Exclusive rights shall be agreed exclusively in writing. (2) The scope of exclusivity is determined by: * sector, * products, * brands, * countries, * time period (3) Unless expressly agreed, there shall be no protection against competition.
   §48 Competing Products
   (1) The Contractor remains entitled to work for other companies in the same sector. (2) A non-competition clause shall only come into effect by written agreement.
   §49 Confidentiality (NDA)
   (1) The Contractor undertakes to use confidential information solely for the purpose of carrying out the relevant assignment. (2) This includes, in particular, * product developments, * marketing strategies, * prototypes, * campaigns, * internal documents, * price lists, * financial figures (3) A separate NDA agreement shall take precedence over these General Terms and Conditions.
   §50 Embargo Provisions
   Where photographs or film productions are created prior to their official publication, the Contractor undertakes not to make them publicly available until the agreed publication date.
   §51 International Productions
   For productions outside Germany, the relevant legal provisions of the country of production shall apply in addition. Taxes, permits, visas, carnets, customs formalities and local production requirements shall be borne by the Client, unless otherwise agreed.
   §52 Drone Footage
   (1) Drone footage shall be captured exclusively in accordance with the applicable aviation regulations. (2) Unless expressly agreed otherwise, the Client shall be responsible for obtaining any necessary permits. (3) Cancellations due to weather conditions or official flight bans shall not constitute a defect in the service.
   §53 Music Licences
   Music rights are generally not included in the production fee. The client shall bear all costs relating to * GEMA, * dubbing rights, * master rights, * publishing rights, * streaming licences unless otherwise agreed.
   §54 Voice-over Artists, Models and Actors
   Where models, voice-over artists or actors are provided by the Client, the Client shall be responsible for all personality rights, model releases and obligations under employment law.
   §55 Artificial Intelligence – Breaches of Contract
   If the client breaches the provisions of §§ 22 to 27 of these General Terms and Conditions, the contractor may, in particular, * demand that the breach cease, * demand information regarding the nature and scope of the use, * demand the cessation of unlawful uses, * claim damages in accordance with statutory provisions, * demand reasonable post-licensing remuneration. Any further statutory claims remain unaffected.
   §56 Digital Watermarks
   The Contractor is entitled to use * visible watermarks, * invisible watermarks, * digital fingerprints, * content credentials, * cryptographic signatures * or comparable proofs of origin in their works. These must not be removed or manipulated, unless this is technically necessary.
   §57 C2PA and Content Credentials
   Where technically feasible, photographs and videos may be provided with proof of origin in accordance with the C2PA standard or comparable authentication systems. This information must not be intentionally removed or altered.
   §58 Digital Authenticity
   The Client undertakes not to alter the Contractor’s photographs or videos in such a way as to give the impression that the altered version originates from the Contractor.
   §59 Sustainability
   Where possible, both contracting parties shall endeavour to carry out the production in a manner that conserves resources. However, this does not give rise to any entitlement to specific sustainability standards.
   §60 Severability clause
   Should future statutory provisions, in particular in the fields of artificial intelligence, data protection or copyright, affect individual provisions of these General Terms and Conditions, these General Terms and Conditions shall continue to apply to the extent permitted by law. The contracting parties undertake to replace the affected provisions with a valid provision that comes as close as possible to the economic purpose of the original provision.
   §61 Final Provision
   These General Terms and Conditions have been drawn up for the professional activities of Sebastian Donath as a photographer, videographer and content producer. They apply to all photographic, film and content productions, as well as to all associated usage and licence agreements, unless expressly agreed otherwise in writing.
   
   
   

   Extended provisions for digital productions, new technologies and future forms of use

   §62 Prohibition on Deepfakes
   (1) The photographs, videos and audio recordings produced by the Contractor may not be used, either in whole or in part, to create so-called deepfakes without prior written consent. (2) In particular, it is prohibited to * swap faces, * synthesise voices, * digitally recreate persons, * artificially generate movements, * imitate identities, * or produce deceptively realistic audiovisual content. (3) This applies regardless of whether artificial intelligence or other methods are used for this purpose.
   §63 Virtual Productions
   Where the Contractor’s works are used for * virtual production, * LED volumes, * virtual sets, * XR productions, * extended reality, * mixed reality, * virtual reality, * augmented reality, a separate written licence agreement is required.
   §64 3D Scans and Photogrammetry
   The use of the works * for the creation of three-dimensional models, * for photogrammetry, * NeRF methods, * Gaussian splatting, * point clouds, * CAD models, * digital twins is prohibited without express written consent.
   §65 Use of Biometric Data
   The use of the works * for facial recognition, * iris recognition, * body analysis, * motion analysis, * emotion recognition, * biometric identification is prohibited unless expressly agreed in writing.
   §66 Blockchain and NFTs
   The minting, marketing or sale of the works as * NFTs, * blockchain assets, * tokens or * digital collectables requires a separate written licence.
   §67 Metaverse
   Use within * virtual worlds, * metaverse platforms, * virtual showrooms, * virtual trade fairs, * digital twins, * avatar systems requires a separate written licence agreement.
   §68 Automated Analysis
   It is prohibited to * analyse content automatically, * detect patterns, * extract objects, * classify image components automatically, * identify individuals automatically, * derive training data. This applies regardless of the technology used.
   §69 Content Credentials
   The Contractor is entitled to mark its works with * content credentials, * C2PA certificates, * digital proofs of origin, * cryptographic signatures, * proofs of authenticity. These must not be removed or tampered with.
   §70 EU AI Act
   Insofar as the statutory provisions of the European AI Act or future national regulations apply, the contracting parties undertake to comply with them. The Client bears responsibility for the lawfulness of its own use of AI.
   §71 Open Data and Public Datasets
   The works must not be * uploaded to open data portals, * public training datasets, * freely accessible image archives, * research databases, unless the Contractor has given its express written consent
   §72 Automated translation and dubbing
   Videos must not, without written consent, be * automatically dubbed, * have audio added using AI, * translated using AI, * or have lip-syncing altered using AI.
   §73 Digital restoration
   Automatic restoration, reconstruction or alteration of the Contractor’s historical or current works using AI or comparable methods is prohibited without consent.
   §74 Rights to Production Files
   Project files such as * Adobe Photoshop, * Adobe Lightroom, * Adobe Premiere Pro, * DaVinci Resolve, * Capture One, * After Effects, * Final Cut Pro, * Cinema 4D, * Blender and * other production files shall remain the exclusive property of the Contractor. There is no entitlement to the handover of such files unless otherwise agreed in writing.
   §75 Future Technologies
   The protection provisions contained in these General Terms and Conditions shall also apply to future technical processes which were not yet known or commercially established at the time the contract was concluded, provided that these are comparable to the regulated types of use.
   §76 Final Provision for Digital Forms of Use
   All digital uses not expressly granted by contract shall remain the exclusive property of the Contractor. This applies in particular to future media formats, platforms, technologies and exploitation opportunities.

This English version of the General Terms and Conditions (AGB) is a direct translation of the German version provided. It is strongly recommended to have a legal professional review these terms to ensure they comply with applicable laws in both Germany and the international market.