Questions and Answers on the Use of Our Photos
Why does a photo of my horse that I show on my internet website or in my catalogue actually cost money or a fee?
As long as you only hang copies of photos in your living room or in your stable, that’s no problem. But if you use the photo to advertise your horse, that constitutes publication, particularly if you use the photo to advertise your horse or your business to earn money. Apart from their expensive equipment, professional photographers have to pay taxes and other charges as well as earn a living, in contrast to those people who take photographs as a hobby and have another guaranteed income.
I have already paid money in order to be included in the catalogue. Why are there further charges if I order these photos from the photographer?
The money you pay to be included in the catalogue has to cover all costs. These include such items as printing, image processing, sales etc. at the photo / video session. We only receive part of the fee for those horses whose photos are approved for inclusion in the catalogue after the actual event. And if your horse’s picture is not included in the catalogue, we photographers do not get paid.
But I bought the catalogue, the book, the magazine or even the horse. Why can I not use these photos, scan them, copy them from other internet websites, show them on Facebook or for my own purposes free of charge?
Copyright for the photos by Werner and Tammo Ernst remains with us at all times unless a specific agreement to the contrary has been concluded in writing. Duplicating photographs and then using these photos commercially without our approval and without an agreed fee can cost you several thousand euros as well as involving a period of up to five years’ imprisonment. It is therefore clearly better for all concerned to talk to the photographers and obtain their permission. Using one of our photos does not cost the world – that’s why we take them. We do not charge our good and loyal customers money for every minor occasion; on the contrary, we keep our word. But if anybody is cheeky enough to steal our photos and does not even show the name of the photographer clearly in the photo, our only alternative is to take legal steps after informing such people and giving them the opportunity to settle the matter.
In case of any publication of our photos on facebook or similar networks / blogs we unfortunately have to calculate a “multiple use” fee. The risk of unauthorized publishing of our photos without notice and respect the copyright of Foto Ernst is very high. This is not a distrust against our customers – but facebook collects and sells (external) data!
I’ve already “bought” the photo. Why don’t the rights to them belong to me?
You can acquire from us the right to use the photos (see Price List) or a photo print/collage for private purposes (without any publication rights). In order for us to give you a fair price and to avoid misunderstandings, we need information about the purpose for which you wish to use the photos (see Contact Form).
Why are a photo credit and payment so important? If I use a photo, that’s advertising for the photographer as well, isn’t it?
You and other people probably want to know who took a photo, whether it’s a top photo or not. In addition to which, every photographer is entitled to be credited by name in or beneath the photo. Even you, as the owner / publisher of the internet domain as well as the designer of your homepage or the printed matter, are obliged to find out the name of the originator of the photos and print his or her name, at least in the legal notice, particularly since the copyright notice with our contact data is on our digital photos and on the rear of the photo prints as well.
We also have to deal with the issue of “photo theft” on behalf of our honest customers. Of course, we are also pleased about customers who realise all this retrospectively but who were previously not aware of the consequences. It is important to appreciate that none of us can work for nothing. We all have to pay for our daily bread. Even if I promise a restaurant owner to tell others how good a meal was and where I had it, I’m not going to get it for nothing. Or have you seen someone doing that?
What is important to know and respect at all times if I want to use/publish horsephotos from Photo W. and T. Ernst?
Under the terms of the German Copyright Act, photographers Tammo Ernst and Werner Ernst are entitled to the copyright to all photographs which have been taken by them.
Unless otherwise agreed, the customer merely acquires simple right of use to the photographs. The customer acquires this right of use after paying for the photographs in full. Passing the rights of use to third parties is forbidden in all cases without my prior written consent. Copyright remains with the photographers at all times.
As a matter of principle, the photos taken by us are intended only for use by the customers agreed to with us beforehand (personal use). Each publication extending beyond this (trade magazines, daily newspapers, brochures, the internet etc.) requires our prior, written approval, e.g. via e-mail, and is subject to the payment of a fee. The use of all photos taken by us on Facebook or similar internet portals is only permitted with our prior written approval. Except if you asked and payed for “Multiple use”.
All our photographs are to be stored, copied or transmitted in such a way that the file information and copyright information connected with each photograph remain linked to the image file. The copyright notices “Photo Tammo Ernst”, “Photo Werner Ernst” or “www.pferdebild.de” remain part of each published photo at all times, regardless of the form in which it is published.
Any violations of this right will entitle us to compensation.
The customer is responsible for acquiring rights of use which extend beyond photographic copyright and for obtaining permission for publication for collections, museums etc. The customer is responsible for the text accompanying the photographs and for any interpretations resulting from actual publication.