Terms of Use

Status of this Website

This website was launched in 1999 by Thomas Gade to present his own and others’ photographs. The images and texts are protected by copyright. This is not a photo agency, but primarily an online gallery for photographs. The images are also not offered here with binding permission for use by third parties.

Authors

On medienarchiv.com, photographs by Thomas Gade and from his collection of photographic estates are shown. In addition, photos by Hans Martin Sewcz and Ludger Wimberg are presented. (see Authors)

Usage inquiries should be directed to the authors or rights holders

If you are interested in using images and/or texts, please contact the respective rights holders directly. This website is not an image shop, and the holders of the image rights are entirely free to decide whether they wish to license their works. Google can help you find a current address, or you may inquire at: info@medienarchiv.com.

Use by AI / Artificial Intelligence

There is no permission for the use of our data by AI / artificial intelligence tools for other products or services.

Images and Texts

The authors and the webmaster assume no liability for the completeness and accuracy of image captions and information in the presented image and text files. Errors are reserved.

When material is passed on, it is provided digitally.

1. There is no entitlement to licensing.

It is up to each rights holder of the photos to decide whether they make them available for external use. If someone does not respond or declines, you may not use the images.

2. Usage fees

Any use of the material (texts, images, videos) always requires prior approval and is generally subject to a fee. Compensation for usage and/or other services must be agreed upon in writing with the respective authors before use.

The current fee schedule of the Mittelstandsgemeinschaft Foto-Marketing serves as guidance for compensation. That is list, which is very common in Germany. This is a catalogue containing many types of photo uses along with corresponding fee recommendations. It is updated annually based on surveys conducted among photo agencies. In Germany and several neighboring countries, this work is considered a guideline for calculating fees for image licensing.

It applies only to one-time use for the specified purpose, the stated scope, and the agreed language area. Any further use requires renewed approval and payment.

Exclusive rights or blocking periods must be agreed upon separately and require a previously agreed surcharge. Failure to provide image or text source credits results in a 100% surcharge on the fee.

Unauthorized use of the works results in a penalty surcharge of 100% on the usual usage fee. Any alteration of the copyrighted work requires a separate agreement. In case of violations, the authors are entitled to charge a 100% surcharge on the usual usage fee.

As a general rule, the blurring of faces and other protected elements and identifying features is approved as a precautionary measure in consideration of potential objections by third parties.

3. Restrictions on disposal, liability, exploitation, and copyright

In principle, the authors can only grant usage permissions within the scope of their own copyright. Users must obtain any additional third‑party rights themselves, including securing consent and covering associated costs.

The publication of images of well known personalities may only occur with the indication of their names and only for editorial purposes. A large portion of our images are documentary photographs taken in public spaces, in which people are almost always present who happened to be in the image and have not signed a model release. There may also be protected visual elements such as official emblems, logos, trademarks, artworks, buildings, and more, for which special conditions and permissions may be required. Clarification is the responsibility of the user.

This must also be considered for images whose content is subject to additional copyright protection (e.g., works of visual or performing arts). Clearing additional copyrights and obtaining publication permissions from collections, museums, individuals, and other rights holders is the responsibility of the user.

Any use for political or ideological purposes or for defamatory or degrading descriptions of persons, official emblems, religions, brands, or cultural assets is expressly prohibited.

The user bears full responsibility for the use and captioning of the material. The user alone is liable to third parties for any violation of personal rights or third party copyrights arising from such use.

If claims for damages arise in this regard, the user must indemnify the authors and also this website and its responsible parties from all claims.

The works must be deleted from electronic storage after use.

The authors do not recognize clauses stating that acceptance of a fee excludes the exercise of further rights.

4. Image editing, retouching, colorization

So called AI or artificial intelligence software offers increasingly extensive possibilities for image optimization. The capabilities for colorizing black and white images are steadily improving. Computer assisted processes can improve tonal values, reduce noise, increase detail resolution, or detect and retouch defects.

These techniques are increasingly being applied to the image collection of medienarchiv.com / Gade Photo Archive.

Such image manipulations by external users who have not obtained prior written consent are expressly prohibited. New copyright claims by third parties who, for example, colorize black and white images using special software are also rejected. Outside of specifically agreed written usage permissions, such images may not be distributed by third parties.

5. Copyright, complimentary copies

The authors are entitled to a copyright notice, which must clearly indicate attribution to the respective image. For photographs, all relevant information is stored in the IPTC fields (XMP / Caption) of the image files. The material may only be used if these details can be read or if the corresponding information has been requested from the authors. Photos may not be shown online if the IPTC information is not preserved inside the files.

The respective authors / rights holders must be informed precisely which work was used in which publication and at which location. This also applies to advertising, television broadcasts, or other media unless a special agreement has been made. Unless otherwise specified above, all usage is subject to the provisions of German copyright law. For each printed publication, the author / rights holder receives two complete complimentary copies without being asked.

6. Payment terms, place of jurisdiction, miscellaneous

Invoices are payable without deduction within 15 days. For Gemany: The artist social contribution is paid by the user. The place of jurisdiction and fulfillment for both parties, insofar as legally permissible, is exclusively Berlin or the residence of the respective image rights holder. German law applies even for deliveries abroad. Should any provision of these terms be invalid, the validity of the remaining provisions shall not be affected.