1   Right of use and copyright

• Oy Suomen Tietotoimisto – Finska Notisbyrån Ab (hereafter STT) grants the orderer (Client) the right to use the ordered picture for the purpose specified in the order. In these Terms and Conditions, ‘picture’ refers to a photograph, video images, graphics or a combination thereof.
• The following rights are granted to the pictures in line with the Client’s order:

a) No publishing right:

Right of use without publishing right entitles the Client to use the purchased picture only for personal, non-commercial purposes. This means that no publishing right to the pictures is granted in any form or channel, in print or electronically.

b) One-time publishing right:

One-time publishing right gives the Client the right to publish the picture once. Simultaneous versions of an editorial article, for example in print and online media, are considered to constitute one publication.

In order to obtain the publishing right, the Client shall state the way the picture will be used, the publication or advertising media, and the end user. The Client is responsible for the legality of the context of use, and for obtaining the required permissions in accordance with section 3. STT reserves the right to refuse to grant right of use for the purpose specified by the Client.

The Client may publish a smaller version of the picture in social media, watermarked with copyright details, if this type of use is specifically mentioned in the picture’s specification. This version of the picture (social media picture) is available for downloading in connection with the order. The size of a social media picture is 1024 pixels at maximum for the longer side. Only a picture marked with Lehtikuva’s watermark and copyright details may be published in social media channels.

• The Client may not transfer the rights gained to a third party.
• Right of use or publishing right does not mean exclusive right, unless separately agreed in writing.
• Any repeated use or additional use is subject to an advance written agreement with STT. If the picture is published without a permission for repeated or additional use, granted by STT, double the standard price will be charged for the publication.

2  Copyright and financial rights to the picture

• The holder of the picture rights, represented by STT and/or STT, shall at all times retain the copyright to the picture. The copyright does not transfer to the Client alongside the order.
• Even if the copyright to the picture had expired at the time of order, or would expire after it, STT will retain the financial rights to the picture. A fee in accordance with these Terms and Conditions for delivery and use will always be charged for using the picture.

3  Client’s liabilities and obligations

• When using or publishing the picture, the Client shall ensure the legality of the context where the picture is used, and observe compliance with regulations issued by public authorities and generally established practices and decency. The Client shall ensure that the picture will not be used or published in a manner that would violate anyone’s privacy or dignity, or otherwise be against the law.
• When the Client publishes the picture, the Client is responsible for obtaining the permissions needed for any names, persons, works of art, trademarks, and proprietary rights shown in the picture. The Client is liable for any claims for compensation from third parties if the required permissions are not in place.
• The Client is responsible for the use of the picture. The Client is responsible for any pictures purchased from Lehtikuva’s picture database and handed over to a third party, for example as presents. In addition, the Client shall be responsible for any pictures ordered in the Client’s name, with or without the Client’s authorisation.
• As notification of use of the picture, the Client shall send STT a free author’s copy of the publication where the picture has been used, or a link to the online publication. Should the Client fail to send a notification of use within 14 days from the publication of the picture, STT shall be entitled to charge the expenses for follow-up of use in accordance with its price list.

4  Payment

• Compensation in accordance with STT’s price list applicable at any given time will be charged for pictures ordered.
• Placing an order for a picture in STT’s digital Lehtikuva picture database will be regarded as grounds for payment. The payment must be made using the payment methods available in connection with the purchase.
• If a new invoice or credit note must be sent to the Client due to incorrect or inadequate invoicing information given by the Client, STT shall be entitled to charge a re-invoicing fee in accordance with its price list applicable at any given time.

5  Cancellation right and right of return

• Cancellation right and right of return applicable to consumers do not apply to digital products, delivered electronically and available for downloading with the consumer’s consent from the time of order confirmation
• Any remarks to the order must be made immediately after ordering the picture from STT’s digital Lehtikuva picture database, or otherwise receiving the picture.

6 Instructions and restrictions on the use and publishing of the picture

6.7 Clients may only use the picture in the way specified in the order. If the Client wishes to use the picture in a different way, this must be agreed on in writing with STT.

• The restrictions of use specified in the picture’s details must be complied with without fail.
• If the picture is to be used in international publications, or for international distribution, this must be agreed on in writing in advance with STT.
• When publishing the picture, the name of the photographer or international picture agency as well as that of Lehtikuva shall be mentioned as the source. If the source of the picture is not mentioned, the price for publishing shall be incremented by 50%.
• No picture manipulation is permitted without an advance permission by STT in writing.
• Automatic systems (including "robot", "spider", "scraper" and "offline reader" software) may not be used to collect data, read or make copies of STT's services, materials or their parts, for example without limitation to text and for data mining, machine learning, development of artificial intelligence, training or enrichment of an algorithm, or making services or materials available to the public without the express written consent of STT in advance. The customer and the partner must try to prevent the above-mentioned activity, for example by entering a corresponding prohibition in the terms of use of their own services and by preventing the use of known automatic systems like the one described above in their services.STT or materials represented by STT may also not be entered into any artificial intelligence-based or other tool or service that reserves the right to use the entered contents for its own use or that of third parties, for example for tool development or training purposes. STT's services and materials or materials represented by STT may not be used in any of the ways described above or in any other way to provide a commercial or non-commercial service, for example an artificial intelligence application that produces content, without the prior express written consent of STT or the copyright holder represented by STT.

7  Storing of pictures

7.7  The picture file of a picture ordered with one-off publishing rights may not be archived. It must be destroyed immediately after use. After publishing, the picture may only be preserved in the context in which it was published.

7.2 A picture ordered without publishing rights may be archived.

8  STT’s liability

STT shall be liable for direct damage caused by its intentional or gross neglect. STT’s liability shall be limited to the amount charged from the Client. STT assumes no liability for any indirect losses or damage caused to third parties.

9 Other terms and conditions

In other respects, the General Terms of Use of STT’s online services and the Privacy Statement , STT General Terms of Contract as applicable and any other terms, agreed on in writing between the contracting parties, shall apply to Lehtikuva’s Image Store.

© STT July 20, 2020
Unofficial translation in English.
Only terms and conditions published in Finnish are legally binding.