The team of Kolor thanks you for joining the Kolor Panobook contest.
This document details how your rights as an author of a photograph are ceded to
Kolor and how Kolor can use them.
In brief:
• Entry period: the Panobook 2016 Contest opens on February 02, 2016 at
12:00:00 French time (GMT + 1:00) and ends on March 03, 2016, at 12:00:00
French time (GMT + 1:00).
• You cede to Kolor the non-exclusive right to use your images in the framework of
the Kolor Panobook project, for the fulfillment of the book and the promotion of
the contest and book (in the press and social media for instance).
• You guarantee that you have full rights of reproduction of the subject of your
photos and you are committed to taking at your own charge any claim of a third
party about the content of your photos.
• If one of your photos is selected, you have access to a special contributor price if
you would like to buy the book.
Please read this document in its entirety. When you join the Kolor Panobook contest,
you agree on all terms of this document.
The Kolor team wishes you good luck!
www.panobook.org
www.facebook.com/kolor.panobook
www.kolor.com
KOLOR PANOBOOK 2016
GENERAL CONDITIONS OF THE RIGHTS CESSION CONTRACT
PREAMBLE
KOLOR, a company specialized in the recognition and the automatic stitching of images, proposes the publishing of a
collective work of panoramic photographs, to which any photographer can contribute, may they be amateur or
professional photographers.
This project of collective work aims to enable the participants to have a chance to see their photographs published in
a beautiful book and/or other types of publications, including calendars or interactive books.
The CONTRIBUTOR answered to the call for submissions made by KOLOR on their website or on other websites and
publications.
The CONTRIBUTOR and KOLOR therefore approached each other with the aim to integrate one or several photographs
of the CONTRIBUTOR (hereafter called “the individual contribution”) to the collective work, titled “PANOBOOK
2016”, and to set their respective rights and obligations and those of the persons succeeding them, as detailed
hereinafter.
THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1 - ACCEPTATION OF THE RIGHTS CESSION
The CONTRIBUTOR explicitly agrees on these general conditions, checking the box “I read and accepted without any
reserve the dispositions of these general conditions”, at the bottom of the web page where these conditions are
displayed.
ARTICLE 2 – OBJECT OF THE CONTRACT
These general conditions intend to define the conditions into which will be ceded, by the CONTRIBUTOR to KOLOR, not
exclusively, the patrimonial rights related to the individual contribution that will be included in the collective work to
be published, and the conditions into which KOLOR will cover, at their own expenses, the publishing of the collective
book, following the meaning of article L. 113-2 indent 3 of the French Code of intellectual property rights.
ARTICLE 3 – OBLIGATIONS OF THE CONTRIBUTOR
3.1. – The CONTRIBUTOR is committed to submitting to KOLOR, during the entry period, the final version of the
individual contribution, in one of the file formats listed on the web page dedicated to the project, and following the
technical recommendations of the same page. The CONTRIBUTOR can submit up to 3 (three) photographs.
The entry period of Kolor Panobook 2016 Contest opens on February 02, 2016 at 12:00:00 French time (GMT +
1:00) and ends on March 03, 2016, at 12:00:00 French time (GMT + 1:00).
KOLOR and a jury of professional photographers choose freely zero, one or several photographs submitted by the
CONTRIBUTOR to integrate it/them in the collective work; the selected photographs are designated in these general
conditions as “the individual contribution”.
3.2. – The CONTRIBUTOR is committed to obtaining the cession of all rights, licenses or authorizations needed for the
reproduction of the individual contribution that he/she brings for publishing, and transfer them to KOLOR within the
date defined in article 2.1 of these general conditions. He/she is committed to taking at his/her own charge any claim
of a third party, so that KOLOR cannot be bothered in any way about this.
The CONTRIBUTOR provides signs and obtains all contracts, conventions or authorizations required that deal with:
- The right of building or furniture owners that come into the composition of the individual contribution and for which
the reproduction is subject to an agreement or remuneration,
- The image reproduction rights of identifiable photographed people.
The CONTRIBUTOR guarantees KOLOR, with no limitation or reserve, against any action or reclamation of a third-party
about any of these aspects.
3.3. – The CONTRIBUTOR must conserve a copy of his/her submitted digital files and declares to free KOLOR from any
responsibility in case of a loss, theft or destruction of the files submitted to KOLOR.
ARTICLE 4 – OBLIGATIONS OF KOLOR – EXPLOITATION OF THE COLLECTIVE WORK – OWNERSHIP OF THE COLLECTIVE
WORK
4.1. – KOLOR is committed to publishing the collective work that includes the individual contribution in the
circumstances determined in these general conditions, in a reasonable period of time. KOLOR reserves the right to
cancel the publishing of the book if not all necessary conditions of its realization are gathered.
4.2. – If KOLOR and the jury choose one or more photographs submitted by the CONTRIBUTOR, KOLOR is committed to
mentioning the name of the CONTRIBUTOR on each copy put up for sale.
4.3. - A classification of the selected photographs will be possibly done by KOLOR and the jury, the aim being to award
the title of the best panoramic photographer of the year to the CONTRIBUTOR that collected the best votes, as well as
to offer prizes to the contributors that collected the best votes. The prize list will be available on the project website
at http://www.panobook.org.
4.4. – Access to a preferential price
If KOLOR and the jury choose one or more photographs submitted by the CONTRIBUTOR, KOLOR is committed, in
compensation of the CONTRIBUTOR’s obligations, to sell him/her, at a preferential price, 5 (five) copies of this book at
most. KOLOR will be able to increase this number if necessary. KOLOR will be able to include the shipping costs as a
package price into the contributor price. This special price can be valid for a certain period of time only, defined by
KOLOR.
4.5. – Ownership of the collective work
The CONTRIBUTOR recognize that the collective work is the ownership of KOLOR and that KOLOR is the only holder of
the copyrights (including moral rights), in accordance with the article L. 113-5 of the French Code of intellectual
property rights.
Consequently, the CONTRIBUTOR cannot invoke any distinct right upon the collective work in its entirety.
ARTICLE 5 – PUBLISHING OF THE COLLECTIVE WORK – EDITION – SELLING DATES
KOLOR will be able to choose to be the publisher or to ask a specialized publisher to publish the book. The formats,
presentations and public prices of the copies of any edition are determined by KOLOR or their publisher, which will
have all latitude to diffuse it via all appropriate forms.
It will be the same about the number of copies of each edition.
The selling dates will be chosen by KOLOR or their publisher as well.
ARTICLE 6 – RIGHTS CEDED TO KOLOR
6.1. – The CONTRIBUTOR guarantees KOLOR of the enjoyment of the ceded rights against all troubles, claims or
evictions. He/she is committed to taking at his/her own charge any claim that contests the rights of the individual
contribution included in the published collective work.
6.2. – The CONTRIBUTOR remains the holder of the copyrights enabling him/her to make a separate exploitation of the
individual contribution at the condition not to compete with the collective work of KOLOR.
6.3. – The CONTRIBUTOR cedes to KOLOR, not in an exclusive way and for the duration of the contract, the right to
reproduce, represent, publish and exploit the individual contribution included in the collective work as mentioned
hereinafter.
Reproduction, publication and exploitation rights
The CONTRIBUTOR cedes to KOLOR, not in an exclusive way and for the duration of the contract, the right to
reproduce, publish and exploit the individual contribution included in the collective work in the entire world.
The reproduction right includes the right to carry out or to make carry out, especially on a paper support, the
reproduction of the individual contribution, to establish or make establish any originals, duplicates or copies.
Representation right
The CONTRIBUTOR cedes to KOLOR, not in an exclusive way and for the duration of the contract, the right to represent
the individual contribution in all countries.
The right of representation includes the right to present or to make represent publicly the individual contribution or
its secondary exploitations in original, modified or adapted versions, by all known or coming processes.
KOLOR gets the right to give to third parties, by cession, the authorization to represent the book within the limits of
the rights conferred in these general conditions.
Derived rights
- reproduction, adaptation and modification rights
The CONTRIBUTOR cedes to KOLOR the right to adapt all or part of the individual contribution and to reproduce these
adaptations. The right of adaptation includes the right to make all necessary modifications to exploit the individual
contribution, particularly to modify the dimensions or the crop for a better insertion in the collective work.
The CONTRIBUTOR cedes to KOLOR the right to reproduce all or part of the individual contribution on all existing or
coming supports, and particularly the press media, copies, micro reproduction, or other presentations or websites such
as social networks like Facebook, provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
The CONTRIBUTOR cedes to KOLOR the right to perceive or to make perceive in all countries the rights due on the
occasion of the reproduction, particularly by reprography, for private use or not, of all or part of the individual
contribution, and of their adaptation.
ARTICLE 7 – AUTHOR REMUNERATION
The CONTRIBUTOR cede the rights mentioned in article 5 of these general conditions on a free basis in order to
integrate the individual contribution in the collective work and in all forthcoming editions.
ARTICLE 8 – FORCE MAJEURE
The parties will not be considered as having missed their contractual obligations, especially in case of a delay, if the
cause is due to an exterior event, unforeseeable and irresistible, particularly in the following cases:
- natural catastrophe,
- fire,
-
earthquake,
storm,
water damage,
failure of the public electricity network during more than 72 hours,
complete blockade of telecommunication networks during more than 72 hours.
In the case of incidence of an event of force majeure, or a fortuitous assimilated case, the party being victim of it will
have to inform the other parties with no delay.
The parties will then have to collaborate with loyalty and bona fides to limit the consequences of this event on the
execution of the contract.
ARTICLE 9 – SALE AND PULPING
1 (one) year after the first selling of the book, KOLOR will be able to sale the rest of the publishing at a price of the
quarter of the public price (taxes excluded).
After this same period of 1 (one) year, KOLOR will have the right to totally or partially destroy the unsold copies, in the
condition to being able to justify this on the CONTRIBUTOR’s demand. At any time, KOLOR will be able to destroy
flawed, spoiled or shop soiled copies. In case of a simple stock reduction, KOLOR justifies the book exploitation as long
as they are in a position to satisfy the demands.
The CONTRIBUTOR will not be in a position to receive anything from these operations of sale and pulping.
ARTICLE 10 – EXCHANGES – PROOFS – NOTIFICATIONS
The exchanges between the parties can be done via electronic messaging. The parties agree that the screenshot of the
electronic message or the printing of it from a messaging software, with no modification, can prove validly the
exchanges’ content.
ARTICLE 11 – DATE OF COMING INTO EFFECT – TERRITORIAL SCOPE – LENGTH
The contract comes into effect at the date when the CONTRIBUTOR expressly accepted these general conditions, in
the terms foretold in article 1 of these general conditions.
The contract is concluded to produce effect in the entire world, as long as the literary property of the CONTRIBUTOR
and his/her heirs, beneficiaries or representatives goes on, following the French and foreign legislations and current or
coming international conventions on artistic or literary property, including the extension that may be added to this
period of time.
ARTICLE 12 – INTEGRALITY – MODIFICATIONS
12.1. – These general conditions express the integrality of the contractual obligations linking the parties at the date
when they come into effect.
They cancel and replace every agreement, every disposition and every contrary stipulation that might be anterior to it
and that would deal with the same theme.
These general conditions can be completed by previous exchanges only in case of a lack or an ambiguity, with no
incidence on both preceding indents.
12.2. – These general conditions can be modified only by a written endorsement agreed by all parties.
ARTICLE 13 – DIVISIBILITY
The void of one of the stipulations of these general conditions is not likely to lead to the cancellation of the contract,
unless it is an essential and determining clause of the parties’ consent, and that its cancellation might cast doubt on
the general stability of the convention.
ARTICLE 14 – HEIRS AND BENEFICIARIES OF THE CONTRIBUTOR
The contract involves, in its integrality, the heirs and all beneficiaries of the CONTRIBUTOR, who will, as far as
possible, be represented by a common mandatory.
ARTICLE 15 – ENFORCEABLE LAW
This contract is subject to the French law.
(FOR PROFESSIONAL PHOTOGRAPHERS) ARTICLE 16 – LITIGATION – ATTRIBUTION OF JURISDICTION
16.1. – The parties are committed to try everything to solve amicably any litigation that may come from the contract
execution.
16.2. – Nevertheless, if no solution is found, the litigation would be brought to the Court of first instance of
CHAMBERY (France).