I. Copyright - Conditions of sales

Any image, photograph, text and caption available on line on the Opale website qualifies as a work of art protected under French and international intellectual property laws as well as under legal provisions regarding every person’s right to the proper respect of their images. Photographs available on the website are the sole property of the photographers. It is prohibited to reproduce such photographs. The right to reproduce these photographs can be acquired through Opale under the terms and conditions below, with the prior consent of Opale and after registration with Opale.


II. Terms and Conditions of sale of the right to reproduce photographs

1. Object

Being the appointed representative of the photographers, Opale is in charge of commercializing the photographs on the site under the following conditions. The right to reproduce photographs downloaded from the Opale web site shall be valid for one publication, in one language and for a single issue. For the purpose of these terms and conditions a publication is defined as any media published on paper: i.e. the press and publishing excluding any other media. Opale’s prior written consent is necessary for any other form of reproduction. Opale’s prior written consent is necessary for any promotional use. Any new use of a photograph implies a new assignment of right and as such shall be invoiced. Photographs downloaded by a buyer shall not be assigned to third parties except with the prior written consent of Opale. In such a case the said third party shall undertake to enforce these terms and conditions. Files downloaded from the Opale web site shall not be modified, altered nor transformed in any manner whatsoever without Opale’s prior written consent. The photographs are to be used within three months of their downloading. Any assignments of rights under these terms and conditions is non-exclusive.

2. Parties Undertakings

Any reproduction shall bear the following mention: Opale/photographer’s name. In case of breach of this undertaking a fine amounting to four times the amount paid for the assignment of the right of usage shall be invoiced by Opale, notwithstanding any other possible claim on the ground of such a breach e.g. by the photographer. Cropping a photograph shall be prohibited except for technical reasons and on the ground that the nature of the photograph shall not in any way be altered. Some photographs appear on the site with restriction on their usage as regards the type of media outlet, or the country of reproduction or the quantity of reproduction, or any other limitation. These restrictions shall be applicable to the buyer. Before reproducing such a photograph downloaded from Opale’s website the buyer undertakes to make himself aware of any such limitation. The photographs on line on the site cannot be re-used for any media other than either those above mentioned or those authorized in writing by Opale; in particular, Opale’s prior written consent is necessary for reproduction in a database. When making an order, the buyer shall mention precisely the medium for which a reproduction right is requested. Usage of the photograph on any other medium or for any other use shall be prohibited. The buyer shall send Opale copies or other evidence of publication in order that such assignment of reproduction rights can thereby be invoiced.


III. Governing law - jurisdiction

This agreement as well as relationships between buyers of photographs from the site, as well as any third party assignee of a right shall be governed by French law. The parties agree to bring all disputes or claim regarding contractual matters or conditions of use of the photographs and any consequences of their being reproduced before the jurisdiction of the Paris courts.