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General Terms and Conditions of Business of „BILDERWERKSTATT Martin Glauser“  for the purchase and use of images



All services rendered by BILDERWERKSTATT Martin Glauser (hereinafter called „BILDERWERKSTATT“) for its customers shall be subject exclusively to these General Terms and Conditions of Business (hereinafter called "the GTCB"). Terms and conditions of business of the Customer to which reference is made on order notes, delivery notes, etc. shall not apply. Any divergent provisions or agreements require the express written consent of BILDERWERKSTATT.



A contract in accordance with the provisions of these GTCB shall be established between BILDERWERKSTATT and the Customer or the party making the order through the following methods: the download of images; the receipt and processing of a telephone order; or an order sent via e-mail.

The images may be used only for the agreed purpose. The contractually agreed utilization purpose of the images shall be based on the details provided by the Customer in the enquiry or in the offer and/or in the download form. Any other or further utilization not reported by the Customer, in particular including the entering of images  into electronic data networks as well as their utilization and distribution in such networks, etc., shall be permitted only with the express, prior written consent of BILDERWERKSTATT.

With the exception of the rights to utilise images granted within the framework of these GTCB, all rights shall be retained by BILDERWERKSTATT. In this case, the distortion or discriminatory use of images shall be prohibited. The Customer shall be liable without limitation for any use of images contrary to the terms of this agreement.



Any use of images is subject to the payment of a copyright fee. This also applies, in particular, for the use of an image as a template or master for drawings, caricatures, sketches, photographs as well as for layout and presentation purposes.
The copyright fee shall be determined in accordance with the nature and place of the utilization, the size and placement of the picture or video, the circulation and reach of the medium as well as the nature of the medium (print, Internet).
Unless otherwise agreed, the invoiced copyright fees shall cover only one-off use within the framework of the agreed purpose. Every further use (reissue/reprinting, licence issue, use on the Internet or an intranet, own advertising, etc.) shall be subject to the consent of BILDERWERKSTATT.


3A. Rights Managed Images (RM)

Most images fall within this category. In addition to editorial use, these images may, unless otherwise marked, be used for media such as books, specialist conferences, annual reports, brochures, flyers, illustrations, websites, mailings for non-profit organisations . The copyright holder (source) must be credited as follows: “”.

To purchase RM images, a customer must be registered with BILDERWERKSTATT and logged in. In certain individual cases, due to the in part sensitive nature of the data, permissions for RM images cannot be given automatically but only upon consultation with BILDERWERKSTATT. Once the terms of use have been clarified with a customer, the customer can download the images direct from the database.


3B. Model Release (MR)

If persons are depicted in the images and are clearly identifiable, a model release is generally available. In the case of persons depicted within the context of their work, a MR is not, as a rule, available. This is not necessary for editorial use and for the uses listed under point 3A above is not, as a rule, a problem. In exceptional cases, BILDERWERKSTATT reserves the right to withhold authorisation for a specific use. An MR is not required for deceased persons (under Swiss copyright law).


3C. Royality Free Images (RF)

BILDERWERKSTATT offers Royalty Free (RF) images on its database. Those images, which are considered as being “Royalty Free” are those which are made available on the digital database by BILDERWERKSTATT and which are designated specifically as being “Royalty Free”. To access Royalty Free images, a Customer must be registered with BILDERWERKSTATT via the image portal with a member login.

The accessing of Royalty Free images or shall constitute every download, “drag-and-drop” and every delivery of images or on CD-ROM. The one-off licence fees for the rights of use shall be due when the material is downloaded. On acquisition of the simple non-transferable right of use, the Customer shall be entitled to use the acquired image as often as desired for his own purposes.

Use for “own purposes” shall constitute, in particular, use of the image  for advertising and editorial purposes or for websites, brochures, general advertising material, corporate documentation, communication tools, newspapers and magazines. The re-sale of the Royalty Free image to third parties does not constitute use for own purposes under any circumstances. Neither is the Customer permitted to disseminate high-resolution images over the Internet.

No copyright notice is required in the event of publication. Specimen copies must not be supplied.



In the case of research performed by BILDERWERKSTATT at the request of the Customer, the level of the processing fees shall be established in accordance with the respective outlay at the normal hourly rates for the sector and not on the basis of the number of images made available. In every instance, the Customer shall be charged a minimum sum of CHF 50.00 for single-topic research.



Unless otherwise agreed, invoices shall be due for payment within 30 days of their delivery, strictly net without deductions for cash discounts.
All specified prices are exclusive of 8 % VAT.
In the event of invoices being outstanding despite a corresponding reminder having been sent, then BILDERWERKSTATT shall be entitled without prior warning to block the Customer's access to the digital database with immediate effect.

BILDERWERKSTATT shall be entitled to issue invoices for additional administrative fees arising from unusual efforts which may be required, and they will be calculated in accordance with the respective outlay entailed. Such fees are applicable, for instance, when drawing up invoices for utilization notices which have not been filled out or which have not been filled out completely, for dealing with subsequently amended invoice addresses, etc.



BILDERWERKSTATT draws attention to the fact, and the Customer takes cognisance thereof, that BILDERWERKSTATT shall in every case grant the Customer merely a right to use the images. This restriction applies in particular to images where further copyrights and/or other personal rights must be observed with regard to the contents (e.g. images of artworks, individuals, etc.). The Customer shall be obliged to secure the corresponding rights himself, whereby BILDERWERKSTATT may be able to support him within the framework of a separate written commission and in consideration of the corresponding remuneration of the expenses.

The Customer shall in every case bear full responsibility for the publication or distribution of an image. BILDERWERKSTATT rejects any liability, in particular in the event of a breach of personal rights or third-party rights. The Customer undertakes to notify BILDERWERKSTATT of claims by third parties without delay.

Neither the archiving nor the electronic storage of the images which extends beyond the initial use is permitted.

The duplication of image material delivered in analogue or digital form shall be permitted only with the express approval of BILDERWERKSTATT. Duplicates produced by the Customer must be handed over to BILDERWERKSTATT following utilization and shall be transferred free of charge to the ownership of BILDERWERKSTATT.

The processing of images shall be permitted only within the framework of normal editing activities. In particular, any change or processing of the images by means of subsequent photography, photo composing, electronic image processing, etc. shall be permitted only with the express written authorisation of BILDERWERKSTATT.



In the event of publication, the copyright notice “Photo or Photographer: „“ necessary, must be appended to all images with the exception of Royalty Free images. In the event of the omission of the copyright notice, BILDERWERKSTATT shall be entitled to invoice a surcharge of 100% in addition to the regular copyright fee.

With the exception of Royalty Free images, the Customer must automatically send BILDERWERKSTATT a specimen copy (printed version, PDF, link) of every publication together with details of the circulation and its reach.



BILDERWERKSTATT shall not accept any liability for misuse of the password made available to the Customer. For this reason, BILDERWERKSTATT shall in every case be entitled to invoice the Customer for the services it has rendered and which have been ordered using the Customer's password.



The exclusive place of jurisdiction and the place of performance shall be Thun, Switzerland. Swiss law shall also apply to deliveries made abroad.

GTCB valid from 1.1. 2011, BILDERWERKSTATT AG, Stationsstrasse 35. 3628 Uttigen - CH