A license is always required if you wish to use an artwork for which you do not hold any rights of your own or do not hold full rights.

This applies in particular to reproduction, for example:

• depicting a work in a book or magazine
• use on a website or on social media
• use in advertising or presentations

In certain cases, the law permits use without a license. These so-called limitations apply, for example, to quotations or private use.

In all other cases, the rights holders decide whether and under which conditions you may use a work.

In the Art sector, the works and rights are bundled at ProLitteris. We grant you a license at uniform and transparent costs (Art tariff).

You do not need a license if your use falls under a statutory exception in the Copyright Act (URG).

Such exceptions are called limitation provisions. They allow certain uses even without the consent of the rights holders.

Examples are:

• Parodies
• Quotations
• Reporting on current events
• Works on publicly accessible ground
• Museum, trade fair, and auction catalogs
• Inventory lists

These uses are subject to conditions and must not impair the normal exploitation.

Important for you: Whether an exception applies always depends on the specific individual case. A license may also be required for non-commercial projects or cultural purposes.

If you are unsure, have your use reviewed. ProLitteris supports you in this and clarifies whether a license or a royalty is necessary.

You must actively obtain a license from ProLitteris if you want to reproduce a work of art.

This particularly concerns uses:

• in printed publications
• online, for example on websites or in social media
• offline in presentations or on screens
• in films or TV programs

In these cases, the Team Art of ProLitteris grants the license in the name of the rightsholders and issues you an invoice in accordance with the Art tariff.

Licensing in the Art sector takes place in several steps and is directed at the specific use of a work.

First, Team Art receives your request, is informed by rightsholders, or identifies a use itself. ProLitteris then clarifies:

• which work is concerned
• how and for how long it will be used

Afterwards, ProLitteris checks whether:

• a statutory exception applies
• a license already exists

Depending on the case, foreign collective management organizations are additionally involved or rightsholders are contacted directly.

On this basis, ProLitteris prepares a written offer with conditions and a proposed settlement.

You confirm to ProLitteris the definitive use and licensing.

After the use, ProLitteris invoices the royalty and distributes the income to the rightsholders.

The costs for reproducing an artwork are based on the Art tariff of ProLitteris.

This tariff defines which royalty is due for different uses, for example depending on:

• Medium (print, online, film)
• Size and placement of the reproduction
• Print run or reach

For you this means: The specific amount of the royalty always depends on your planned use.

If you would like a more precise assessment, you can contact Team Art. ProLitteris will give you a concrete cost estimate.

Additionally, a processing fee may be charged if your request causes increased effort.

If, after the license has been granted, you decide not to proceed with the use, a royalty is due for the work already carried out.