Definition of a photograph
A photograph means any media carrying a finished version of a photograph taken by the photographer. To give an example, a slide positive, a negative, a CD-ROM or any physical or electronic material carrying a photograph is a photograph.
The photographer retains the copyright to a photograph in the extent specified in the copyright law. According to the copyright law, the name of the photographer must be mentioned when the photograph is published, unless otherwise agreed.
The right to use photographic material is restricted to particular purpose, media, geographic area and period, all of which must be agreed upon in advance. If the customer wants to extend these rights, an additional compensation for such use must be agreed with the photographer in advance.
The right to use a photograph begins on the day when the invoice for the right is paid. The customer is not allowed to sell the right of use to a third party.
Ownership of the photograph is transferred to the customer when the invoice is paid with the restriction that the photographer also retains the right to the photograph, unless otherwise agreed. The photographer is entitled to sell, publish and distribute the photograph after a pre-agreed period, unless otherwise agreed. In general, this right applies to landscape shots and other photographs of general character, not personal portraits, or photographs of factories, equipment or workplaces.
In practice the rights sold for a customer are normally so called corporate rights that allow the customer (after paying the invoice) to use the pictures globally without worrying copyright issues.