Rules governing the use of material from the Bruno Manser Fund’s Photographic Archive
Legal context
The following terms and conditions for using this material are based on two Swiss federal laws:
the Federal Law on Copyright and Neighbouring Rights (Bundesgesetz über das
Urheberrecht und verwandte Schutzrechte, URG) of 9 October 1992 and the Federal
Law on Unfair Competition (Bundesgesetz gegen den unlauteren Wettbewerb, UWG)
of 19 December 1986. The courts of Basel, Switzerland, shall hold jurisdiction in
the event of any dispute.
The copyright is held by the Bruno Manser Fund (hereinafter BMF), representing the rights of Bruno Manser, the author of the photographs.
Use
Exploitation of the photographs is restricted to the purposes agreed below. No
other use whatsoever is permitted. Failure to comply with this constitutes a breach
of contract.
The commercial use of screenshots is not authorised, nor is their
digital manipulation. Unauthorised use constitutes theft.
The copyright notice "Copyright Bruno Manser Fund" must always been included clearly. When ordering photographs, you are required to confirm that you will not pass them on to any third party. The BMF levies a processing charge of CHF 20.- for each order processed. If the BMF needs to spend more than an hour (on activities such as research and support) it shall be entitled to levy a charge for it.
The authorised forms of exploitation of the photographs can be subdivided into the following two groups:
Group 1 is permitted to use the photographs once only for the agreed purpose.
- NGOs: for campaigns, information on web pages, circular letters, periodicals, information brochures, and the like.
- Work of an academic nature written by students (term or semester papers, dissertations or work in connection with a baccalaureate or equivalent school-leaving examination)
- Work submitted with a view to obtaining an academic title (bachelor’s, master’s or doctorate theses)
- Scientific projects
- Individuals committed to the BMF: for invitations, cards, information brochures, and the like.
Group 2 is required to pay a normal commercial charge (see below) for exploitation of the photographs:
- The media
- Educational material (book publications)
- Exhibitions
- Publications in book form
- Film productions
- Advertising.
Charges
The charges levied for the exploitation of the photographs follow the terms and
conditions contained in the "price recommendations for royalties for photographs"
2003/2004 issued by SAB/ABSI (the Swiss association of image agencies and archives,
www.sab-photo.ch).
The charge per photograph depends on the circulation or print run and the size of the printed image (quarter page, half page or whole page). All prices are in Swiss francs (CHF).
Periodicals (charge in Swiss francs per printed image, colour or black and white)
| Circulation | ¼ | ½ | 1/1 |
|---|---|---|---|
| 5000 | 190.- | 220.- | 290.- |
| 10000 | 205.- | 235.- | 315.- |
| 15000 | 215.- | 250.- | 330.- |
Use of the revenues from photographic royalties
The BMF earmarks all the revenue it receives from selling the right to use
photographs for running its photographic archive, in particular for maintaining
its infrastructure, for financing work, for digital storage and for a contribution
towards its costs.