Protection against claims of third parties about the TOS?
Frage von smooth-appeal: Juni 2008
Can you imagine the Terms protect against third party claims (legal s.eigenen Picture, GEMA / music rights, trademark law trouble, etc.) to protect?
Almost all of the risks of the publication to the customer pass?
If so I would greatly appreciate an example of a text look (Is None out anyway ;-)
Greeting smooth-appeal
Antwort von robbie:
So I have my terms of relevant trade association for the Chamber of Commerce here in Austria, and since there is nothing to something inside.
What would possibly be an addition to the contract, or an additional contract for delivery of the finished material. But I am not a lawyer, and therefore can only guess ...
"With the acquisition of the finished material on the principal obligation of all duties (collecting blablabla) duly paid. In the event of misconduct, by a non-payment of these charges, is the producer harmless and regard." so somehow lr?
and on the right s.eigenen Picture, which will be difficult, it should perhaps synonymous somehow be regulated so that the client is obliged to ensure that they sighted persons have agreed to make ...
Antwort von Andreas_Kiel:
"smooth-Appeal wrote:
Can you imagine the Terms protect against third party claims (legal s.eigenen Picture, GEMA / music rights, trademark law trouble, etc.) to protect?
Almost all of the risks of the publication to the customer pass?
Hi, work on the GTC's very unlikely, because already the "material" may be the client (for example, he presents model photos that you use in a clip), or with you (you provide the model to earn s.Fotos of use or like). Governing Law superior nature - laws - you can not in anyway Terms nullify, for example, for copyright infringement (because it is not even to a fault in the accident, you can celebrate and synonymous are "tuned"). There would you like an exemption clause in the TOS do not use it because the client charged with risks to which they have no influence. So generally in a single contract (work contract will usually be), for example:
"The employer provides the following photos (video clips) for the production ready: ... (list separately, if necessary, reduced hardcopies add) ... and expressly that it has obtained rights to use this or any third party rights s.diesen materials exist. "
The case that now comes a third and quite rightly says: "hey, this is still my image!" Now you can no longer itch (and conveniently, you need to get neither the Treaty nor the TOS to regulate). The signed contract is so clear who the material is presented for the production - you're already out fine :-) Of course not all as in the Juristerei ... unless you knew or should have known that breastfeeding image / clip had been used illegally.
GEMA: requestor will be nice to thank when he and obtain the rights to the club with rumärgern aims. Denk drüber times because after that you should rather offer and the costs just go further. Of course, since you have to work very carefully. For larger objects can be synonymous to an individual contract of attorney verified.
