Hiya....so I heard back from my friend on the subject of photo rights on this issue. She came back with two examples of photo contracts which I will be made to sign (from the artists). So basically it will turn out to be about $300 per shoot regaurdless of the shoot time....a couple of songs or 10 hours and I must sign the releases. The images are used for the venues media and PR mailers and in house wall displays. What do you think?
The first release seems pretty straight forward and agreeable to photographers. It sounds like they allow you to keep all rights to images but simply restrict useage to editorial uses only unless you get permission from the band.
Is this correct?
The second release is far more troubling. It is quite a bit more confusing. Can you take a look and maybe explain what this is saying a bit more in detail? This one sounds like they are asking for complete image rights transferred to them for whatever purposes they have need of. From what I hear; this type of contract is the main reason for their needs to hire another photographer as their other photographer has refused to sign such contracts.
This really bothers me as well because I am totally screwing the other photographer and all other photographers over. In my opinion, agreeing to this sort of contract is totally against any photographers rights and is totally unjust. In normal circumstances I would never sign such a contract without a very large sum of financial compensation; but since this is involving a very large musical act and a great opportunity for my photographic career; I really cannot turn down such an offer. In the future, it may come back to haunt me and they'll need another photographer again to shoot those events which I refust to sign....but for now; I really want this job....
Anyways..here are the contracts. let me know what you think.
Cheers,
M
#1
Dated: ___________
Gentlepersons:
Conditioned upon my full compliance with the terms hereof, you hereby grant me permission to photograph, videotape, and/or film the Group.....
Date(s): _______________________________________________________
Place(s): _______________________________________________________
1. Insofar as the Group and the Members are concerned, I shall have the right to use or authorize the use of the Photos solely for editorial purposes.
Name of Publication:
____________________________________________________________________
Name of Station/Program/Other:
____________________________________________________________________
2. Except as provided in paragraph 1 hereof, I agree to obtain all third party consents, licenses and other clearances which may be necessary in order to use Photos in the manner set forth in said paragraph 1 and agree to indemnify and hold the Group and the Members harmless from any and all third party claims arising out of my use of the Photos. I agree that your permission and the privileges granted to me hereunder may be revoked by you at any time.
3. I shall not use, or authorize or permit the use of, the Photos for any commercial or noncommercial purpose whatsoever, other than as set forth above, without your express, prior written consent, which you may withhold in your sole discretion. Further, I shall not use, or authorize, or permit the names and/or likenesses of the Group and/or the individual Members in any advertising, promotion, merchandise, or other commercial tie-ups, or in any manner as a direct or indirect endorsement of any product or service.
4. I agree that it would be extremely difficult to calculate the monetary damages which a breach by me of this agreement would cause you, the Group and the Members. Accordingly, I agree that, in the event of a breach or threatened breach by me of any of the foregoing provisions, you, the Group and the individual Members shall be entitled to injunctive and other equitable relief to stop or prevent such breach or threatened breach. This agreement shall be governed by and construed in accordance with the laws and judicial decisions of the state of California applicable to contracts to be performed wholly within said state.
Contract #2 (would be great if someone could explain in a bit clearer terms)
AGREEMENT made and entered into as of ____________________ by and between _____________________ (Photographer) and (Company) with respect to the following facts: Photographer desires to create photographs, videos, negatives and prints (hereinafter, collectively referred to as the Material) with respect to one or more performances of the xxxxxxxx and xxxxxxdesires for Photographer to create the Material. Company shall own all copyrights, the exclusive universe-wide publication rights and all other rights in the Material, including, without limitation, the exclusive rights to use the Material for any purpose and in any medium, now known or devised in the future, perpetually and throughout the universe, and to modify the material in Companys sole discretion.
In consideration of the foregoing premises and the terms and conditions set forth below, the parties hereto agree as follows:
1. Assignment of Rights to Company.
(a) Photographer does hereby assign unto Company all of Photographers right, title and interest in and to the copyright of all the Material created, and all parts and elements thereof, including all derivative rights therein, the exclusive right to register copyright in the name of Company, and any and all causes of action arising under the rights assigned by Photographer to Company under this agreement.
(b) Photographer does hereby assign unto Company all of Photographers right, title and interest in and to any other intellectual property rights that Photographer may claim in the Material, or any part thereof.
(c) Photographer shall not publish the Material or use it in any other manner without Companys prior written permission in each instance. Notwithstanding foregoing, Photographer shall have the right to use the Materials solely for non-commercial purposes.]
2. Compensation. In consideration for the creation of the Material and for the rights granted herein, Company shall pay Photographer the sum of One Dollar ($1) and other good and valuable consideration, the receipt and sufficiency of which Photographer hereby acknowledges.
3. Warranties and Representations. Photographer hereby warrants, represents and covenants that Photographer has the right and power to enter into and fully perform this agreement, that no use of the Material by Company or its licensees, for any purpose, will violate any law or infringe any rights of others, and that Company will not be required to make any payments in connection with the Material or its use, except as provided in paragraph 2 above.
4. Indemnity. Photographer shall indemnify and hold Company and any licensee of Company harmless of and from any and all liabilities, claims, causes of action, suits, deficiencies, damages, losses and expenses (including reasonable attorneys fee) for which Company may become liable or may incur or be compelled to pay in any action or claim against Company arising from or in connection with Photographers breach of any of Photographers warranties, representations or covenants contained in this agreement.
5. Headings. The headings of the various paragraphs and subparagraphs of this agreement are for convenience and easy reference only and do not define, limit, augment or describe the scope, content, or intent of this agreement or any part of parts of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written.
Photographer: Company:
By: By:
Authorized Signatory
