License terms for the use of photographs for drawings

 

§1 Right of Use
The artist is granted a simple, non-exclusive right to use a selected image solely for the purpose of creating a single physical artwork (e.g., a drawing or painting).

§2 Fee
A one-time flat fee of €190 is due for the use of a single image. The right of use is granted only upon full payment of the fee, which must be made before the image is used.

§3 Duration of Use
The license to use the image is valid for a period of one year from the date of payment.

§4 Scope of Use
The use of the provided image is strictly limited to the creation of one single physical original artwork. The artist is not permitted to make copies, prints, or digital reproductions of the created artwork, to use the artwork in other media or formats, or to use the original image in other projects or contexts unless a separate written agreement has been made. The artwork may only be sold as a physical original; any further use beyond this is strictly prohibited.

§5 Copyright Notice
The completed artwork must include the notice:
“Drawn/Painted based on a photo by Julian Rad” – either directly on the work itself or whenever the work is published, such as online, in print, or at exhibitions.

§6 Further Use
Any additional use, especially for commercial purposes such as printing, advertising, publications, merchandise, or digital media, is not permitted unless prior written permission has been granted. Such permissions may be subject to additional fees. Unauthorized reproduction or commercial use of the artwork without a proper license is strictly forbidden and can result in significant legal costs.

§7 Restrictions on Modifications
Any modification of the artwork or the use of the underlying image in a different context is only permitted with prior written consent.

§8 Image Resolution
The provided image will not be delivered in high resolution. A high-resolution version may be made available upon request for an additional fee of €100.

§9 Copyright
All copyrights to the images remain exclusively with me (Julian Rad). The artist is granted only a limited, one-time right of use in accordance with this agreement. The transfer or assignment of the copyright is legally excluded (§ 19 Austrian Copyright Act). The artist agrees to respect and not violate my intellectual property rights.

§10 Non-Transferability
The granted license is personal, non-transferable, and may not be sublicensed or passed on to third parties.

§11 Confidentiality
All information exchanged in the course of this agreement is to be treated as confidential and may not be disclosed to third parties without my express written consent.

§12 Damages
The artist is liable for any damages resulting from a breach of this agreement, particularly in cases of copyright infringement or unauthorized use of my intellectual property.

§13 Compliance with Laws and Regulations
The artist agrees to comply with all applicable laws and regulations in connection with the use of the image and the creation or exploitation of the artwork.

§14 Confirmation of Legal Capacity
The artist confirms that they are of legal age and have the legal capacity to enter into and fulfill the obligations of this agreement.

§15 Right of Withdrawal
If the artist is a consumer and this agreement is concluded remotely (e.g., via email or website), they have a right to withdraw from the contract within 14 days in accordance with § 11 of the Austrian Distance and Off-Premises Contracts Act (FAGG), provided that the service has not already been fully performed. Once the image has been delivered, the right of withdrawal expires.

§16 Severability Clause
Should any provision of this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with one that most closely reflects the economic purpose of the original.

§17 Jurisdiction and Applicable Law
Austrian law shall apply. The place of jurisdiction for all disputes arising from this agreement, to the extent permitted by law, is Austria.