Changes in our Terms & Conditions from March 1st 2019
Copytrack will be adjusting its General Terms and Conditions for the Enforcement of Legal Claims as of March 1st, 2019. These revisions are necessary in order to adapt to changes in legal enforcement and to be able to enforce your rights more effectively in the future if the image user does not acquire a retroactive license. COPYTRACK will continue to remain true to its promise of assuming the entire cost risk for you, i.e. if a case is unsuccessful, you will not be held liable for any costs incurred. These newly adjusted terms and conditions will be applied to all cases submitted after March 1st, 2019.
What are the most important changes to be aware of?
Standardized success-based provision: We have standardized our provision calculation. In the future, we will charge 30% for our post-licensing process and collection procedure worldwide and 45% (instead of 50% outside Germany) of the enforced revenues deducting the costs incurred for the extrajudicial and judicial enforcement of your claims. Of course, this cost will only be incurred if a case is successful; if the case is not successful, you pay nothing.
Changes in law enforcement: In some countries, we have had to adapt our approach in order to work more effectively. For this reason, we will no longer proceed on our behalf after an unsuccessful post-licensing procedure (e.g. in Germany and Japan) but rather in your name, in order to assert claims for damages. This has the advantage of allowing us to enforce your rights more comprehensively, for example by ensuring that your image may no longer be used by the image user in the future. We will, of course, remain at your side throughout the entire process, taking over the coordination with our local partners and the cost risk!
Right of termination: We now grant you a unilateral right of termination. If you do not wish to pursue a case further, you can terminate the contract at any time with a notice period of two weeks. In this case, our provision and an expense allowance in respect of costs already incurred shall become due upon termination.
If you have any questions about the changes, please contact our customer support team at: https://help.copytrack.com/
