Accueil > Terms of sale"Materials" refers to the motion pictures provided by GP archives.
"Medium/Media" refers to the medium/media on which the Documents are supplied.
"Collections" refers to the various collections owned or marketed by GP archives.
"Programme" refers to the audiovisual programme, comprising the Materials, that is produced by the Contracting Party.
The rights granted apply to the use of Materials in the Programme according to the supplementary general conditions stipulated at the time of sale.
The rights granted apply to the use of Materials in the Programme subject to this agreement alone. The production of a new version of the Programme or the extension of the usage rights or any other use than that provided for at the time of sale will be subject to a new agreement between the Contracting Party and GP archives.
The duration of rights granted is calculated as from the day the Media are supplied for validation.
All rights other than those stipulated at the time of sale remain the strict preserve of GP archives.
GP archives may grant identical rights to any third party for the Materials that are the subject of this agreement.
The printing of Media, as performed by laboratories chosen by GP archives, is billed by said laboratories at the rates in force.
All orders comprise both the printing of a positive print intended for developing the working print, and a print - positive or negative - intended to conform to the final cut.
The positive print (the working print) is marked with two running lines. The print to be used as the final cut is supplied without lines, after GP archives has created a final print that conforms to the working print.
All orders comprise the printing of a coded videocassette in addition to a copy that corresponds to the final cut, supplied on the video medium chosen when placing the order.
Materials are supplied with the Gaumont or Pathé logos - or other logo relating to the Collections from which the Materials are taken - overlaid on the picture. The Contracting Party is bound to maintain all logos in such a way that they appear clearly when Materials are broadcast in the Programme.
The Media constituting the final cut will be made available to the Contracting Party for a period of six months. After this period, the Media shall be destroyed by GP archives.
The Contracting Party has a period of three days from the day the Media are supplied to check their technical quality. In the event that the Contracting Party uses the Materials during the aforesaid period or following the expiry of said period, it will be understood that the Contracting Party has approved the Media. All costs relating to the transport, customs and insurance - to and from the Contracting Party - of the Media are entirely the responsibility of the Contracting Party.
The working print - whether line-marked print or coded videocassette - will be made available as soon as the technical costs relating to the order are paid.
The final Media will be made available to the Contracting Party following payment of the corresponding usage rights and, where applicable, any related technical costs.
The usage rights are billed on the basis of the purchase order issued by the Contracting Party for the Media to be validated.
The usage rights are invoiced per collection per minute, with a minimum of one minute per order and per Programme in which the Materials are used. Over and above this minimum, billing is made in blocks of 30 seconds.
The Materials may be used on condition that the sums indicated at the time of sale have been paid in advance. Payment must be made upon receipt of the invoice. Pursuant to section L. 441-3 of commercial law, in the event of payment after the due date late payment penalties will apply in the form of interest at the rate of 1.5 times the legal rate of interest calculated from the due date until the actual date of payment. These penalties are payable upon receipt of the notice informing the Contracting Party of said penalties.
Under no circumstances can sums paid under the present agreement be refunded a posteriori for whatever reason, in particular due to a choice not to use the Materials.
The Contracting Party undertakes not to use the Materials supplied in such a way that they are liable to infringe on the rights of third parties, or use such Documents in any manner other than that for which they were intended. The Contracting Party also undertakes not to infringe on the rights of any natural person or legal entity cited, or whose image is used, or the moral rights of the filmmakers, through editing or commentary.
The Contracting Party accepts full responsibility for the choice of Materials, the modification of said Materials in any way whatsoever (in particular by editing, rewriting commentary etc.), and/or the association of said Materials with any other images; more generally, for the use of Materials selected and included in the Programme, the Contracting Party indemnifies GP archives against any subsequent liability.
The Contracting Party undertakes not to duplicate, broadcast or, in general, use the Materials in any way whatsoever, for commercial or non-commercial purposes, in a manner other than that stipulated under the present agreement, nor to facilitate the performance of such actions, in particular by supplying means for the performance thereof or by leading another party to believe that such actions are within the law.
The Contracting Party undertakes to include the name "GP archives" or any other title proposed by GP archives in the credits of the work in which the Materials are used.
GP archives retains title to all assets and rights until full payment of the amount invoiced.
The Contracting Party undertakes not to transfer all or part of the benefits of the present agreement without the prior written authorization of GP archives.
Each party will have the right to terminate the present agreement in the event of nonfulfilment of any obligation by the other party. The agreement will thus be considered fully terminated if the sending of a formal notice by recorded delivery with acknowledgement of receipt results in no action being taken for a period of 15 days as of the first presentation of said notice. In the event of a termination due to a breach of the present agreement by the Contracting Party, GP archives will retain any sums already paid, and all sums remaining will be immediately payable in full without prejudice to any rights or interests owed by the Contracting Party.
At the end of the contract, the Contracting Party undertakes, at its own expense, to destroy the Media, to erase any copies and to send GP archives a certificate from a sworn third party attesting to the eradication of the copy.
All disputes pertaining to the application or interpretation of the present agreement shall, if necessary, be submitted to the competent French courts in Paris and settled according to French law.
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