This document constitutes a legally binding legal text that regulates the granting of rights to the Christos Kalemkeris Museum of Photography of the Municipality of Kalamaria (hereinafter, for brevity: “the Museum”) by you (hereinafter, for brevity: “the Grantor”) regarding the digital photographic archive that you grant to it. By granting the archive, you declare that you accept this agreement, that you have completed your 18th year of age and have full legal capacity.
Preamble
A. The Museum operates in the field of archival photographic collections and the cultural promotion thereof and desires to collect photographic archives related to its subject matter, with the aim of showcasing these archives through exhibitions, publications, and digital actions.
B. The Grantor owns a photographic archive in electronic form, which consists of thematically selected and qualitatively good photographs (hereinafter, for brevity: “the Archive”).
C. The parties agree to the granting of rights over the Archive by the Grantor to the Museum, according to the specific terms and conditions set forth in this document.
Characteristics of the archive
The Archive consists of photographs depicting snapshots of life and the history of the city of Kalamaria, taken from the year 1900 to the present. The form in which the Archive is found is digital and specifically consists of an equal number of JPG format files as there are photographs. The definition of the Archive according to this document includes all the accompanying explanatory documents that are inseparably related to it and are granted to the Museum by the Grantor. In case the Grantor delivers to the Museum physical carriers (negatives, plates, printed photographs, etc.), a special agreement between the parties regarding the storage of this material will be made. In any case, the license granted herein covers these physical carriers, to the extent that it can be practically applied to them.
Granting of Rights
2.1. The Grantor hereby grants, according to the terms of this document, an exclusive, royalty-free, worldwide, non-sub-licensable (except as expressly provided herein), indefinite license to use the Archive, which includes exclusively the exploitations expressly described herein.
2.2. Specifically, according to the terms of this document, the Museum has the right to:
(a) store and maintain the Archive in the form in which it was granted (electronic). In case of delivery of physical carriers, special terms of storage and custody may be agreed upon between the parties.
(b) publish and make accessible to the public the photographs in electronic form, in their entirety or in part, alone or together with photographs and generally material from third parties, at the Museum’s discretion and choice, including the website, the Museum’s social networking media, etc., allowing the downloading of the photographs in reduced resolution by visitors of these electronic and internet sites. In the case of delivery of physical carriers, this right includes scanning the physical carriers to create digital files and use these files as above.
(c) proceed with an unlimited number of prints of the photographs of the Archive in media, carriers, and dimensions of its choice, for use exclusively and only according to the terms set forth herein.
(d) exhibit and make accessible to the public the prints on physical carriers of the photographs of the Archive, in their entirety or in part, alone or together with photographs and generally material from third parties, at the Museum’s discretion and choice, in spaces of its choice (either in the Museum or in spaces of third-party entities), at a time the Museum deems appropriate and for an indefinite number of repetitions. In the context of this use, to the extent necessary, the Museum may sub-license rights to the Archive to third parties, exclusively and only for the purpose of conducting the exhibition of the Archive in cooperation with said third parties.
(e) exhibit and generally use the Archive for purposes of promoting the Museum and its activities, including any exhibitions and events in which the archive is exhibited in its entirety or in part.
2.3. Any commercial use and/or exploitation of the Archive is expressly prohibited.
2.4. The intellectual property rights over the Archive and each of its elements are not transferred and always remain with the Grantor and/or his legal successors.
2.6. The name of the Grantor will be mentioned in every exhibition and communication of the Archive to the public in any way and by any means.
2.7. The Museum undertakes the obligation to use the Archive according to the terms of the license and to always preserve its historical value, not engaging in uses that may have a detrimental impact on this value.
2.8. This specific contract does not oblige the Museum to use the Archive or exploit the rights granted to it under this document.
Declarations and Guarantees of the Grantor
The Grantor declares and guarantees to the Museum that:
(a) He has all the necessary consents in relation to the use of the Archive and that he is the holder of the intellectual rights of any works, e.g., photographs, texts, designs, and the use of these works by the Museum will be free of charge, will not violate the rights of any third party, and will fully indemnify the Museum in case of infringement.
(b) If the photographs contain material or elements that do not belong to the Grantor and/or are subject to third-party rights and/or if individuals appear in the photograph, the Grantor is responsible for obtaining, at his own expense and before granting the license to use the Archive, any licenses and consents required to allow the publication, exhibition, and use of the Archive in the manner prescribed herein, and declares and guarantees that the individuals depicted have freely given their consent for the use of their image and that their personal data and right to personality are not violated.
(c) If any individual appearing in any photograph is a minor, the Grantor has lawfully obtained permission from the person exercising parental care of the minor.
Personal Data
In the context of executing this agreement, the following personal data of the Grantor are provided to the Museum: name, surname, father’s name, email details, telephone number, etc. The submitted data will be processed in accordance with the current regulatory framework (General Regulation 679/2016 EU and Law 4624/2019) and will be used exclusively and only for the purpose for which they are intended, i.e., the execution of this agreement. The submitted data are stored in electronic and physical files and only for as long as is required to achieve the above purpose, subject to the specific provisions of the current legislation. The recipient of the data is the Museum and will not disclose your data except to the competent authorities and if required by law, judicial or regulatory decision, or in order to exercise legal remedies. For more information regarding the processing of personal data, as well as the rights of the subjects and how to exercise them, you can find our Organization’s Privacy Policy here. The Data Protection Officer of the Organization has been appointed Mr. Apostolos Vlachos, with whom you can communicate at the phone number 211 11 33 583 or at the email dpo@prostasiadedomenon.gr
General Terms
5.1. The Museum and the Grantor expressly declare each that they are independent contracting parties and that no partnership, joint venture, mandate, or employment relationship exists between them and will not be created under this agreement.
5.2. This agreement constitutes the entire agreement between the parties in relation to its subject matter, replacing and prevailing over previous agreements, arrangements, and communications, written or oral, express or implied.
5.3. This agreement may only be modified in writing if the modification is signed by both parties.
5.4. If any provision of this agreement or its application is deemed invalid, the invalidity will not affect other provisions or applications of this agreement, which can continue to apply and be enforced without the invalid provisions.
5.4. This agreement is governed and interpreted according to Greek Law. Any disputes arising regarding the validity, interpretation, application, and execution of this agreement will be resolved exclusively before the competent courts of Thessaloniki.
In witness whereof, this document was drafted in two originals and signed as follows: