Is this normal?

[Tight Knot]

Hi all,

I have been approached by a company that is putting together an iphone app and a website to use some of my photography. I wanted to know 2 things.
1. Is the contract a fair contract? It seems to be fair to me, but I was hoping for someone who has done this before to chime in.
2. What would you recommend that I add in line-item #6 if anything?

Thanks all, and sorry it's a fairly long post.


Agreement

This is an agreement between ______________, on behalf of _______, and photographer ____________ (to be referred to herein as “photographer”) agreed to on January __________2012.

1. LOW RESOLUTION APP AGREEMENT
Photographer agrees to provide ______ with low resolution (320 x 480) images to be used in the app. ________ has permission to use these low resolution images in the app and in any related marketing platforms, such as email campaigns, websites, ads, promotional videos, etc. and to share them with partners of _________. The images will contain a watermark with the photographers name and ____________________ alongside the edge of the picture.

2. HIGH RESOLUTION WEB GALLERY AGREEMENT
___________ has developed a website and online gallery to sell physical prints of the photographs featured in the ________ app. The website contains a bio of the photographer and a link to the photographer’s own gallery. Photographer determines the price that prints are sold for. Proceeds from the sale of any print photograph from the ________ gallery will be split equally by the two parties, _______ and photographer.

Photographer agrees to provide ________ with high resolution images for sale on the website at prices listed separately. _________ agrees not to sell or print or otherwise use the high resolution images in any other way, without the written permission of the photographer.
3. LIMITED AGREEMENT
This agreement is non exclusive. _____ is free to work with several photographers and photographer retains all copyrights to images and is free to continue licensing the pictures used in the app and on the website. This agreement is not intended to create a joint venture between _____ and the photographer in the app, the website or in any other ventures. All business decisions related to this agreement will be made by _____ in his sole discretion. This agreement will expire at the end of 2012 at which time both parties will decide together how to proceed.

4. TERMS OF PAYMENT
_____ will provide a monthly written report to photographer on the sales from the website. Payments will be issued by check from _____ to the photographer on a quarterly basis.

5. DISPUTE RESOLUTION
If for some reason external dispute resolution is required, both parties agree to use the __________ legal system of the State of ______ to resolve issues. Any initial legal fees presented will be split equally between both parties.

6. ADDITIONAL TERMS AND CONDITIONS PROVIDED BY THE PHOTOGRAPHER



________________________
Photographer

________________________

 

[thereyougo!]

Not trying to be unhelpful, but an internet forum is not the place to get legal advice. It might be free but it doesn't hold any water if you say in court, "Well Lightspeed from TPF said this". If you're serious about going into business then you will go for proper legal advice.

 

[Tight Knot]

LOL!! Thanks for the heads-up. I'm not looking for legal advice, I'd use my lawyer for that. Just wanting to know from those on the Forum who have actually had experience with this, whether this is a normal contract or not, and if there is anything I need to add or change. I've used contracts before, and there are ones that favor the photographer, ones that favor the reseller (studio, gallery, agent etc.) and ones that favor neither. This seems to be fair, but I have never had or seen a contract with/for an iphone app before, so looking for some friendly advice from someone who has.

 

[iresq]

My 2¢, I would consider changing the dispute resolution to mediation first. The way its worded, you could be on the hook for half of the companies legal fees and you would have no control over them. The legal cost of the dispute could exceed your profit from the contact.

Also, its not a bad idea to have your attorney review but again, that costs money. As per the previous poster, it doesn't master who gave you advise on the contact, that won't be admisable as evidence unless you were bringing an action against that person for the advice.

Sent from my DROIDX using Tapatalk

 

[Tight Knot]

My 2¢, I would consider changing the dispute resolution to mediation first. The way its worded, you could be on the hook for half of the companies legal fees and you would have no control over them. The legal cost of the dispute could exceed your profit from the contact........

Makes sense. Thanks.

 

[DiskoJoe]

Well basically you are agreeing that they can use your work for free. That does not sound fair to me.

 

[Tight Knot]

Well basically you are agreeing that they can use your work for free. That does not sound fair to me.

Strange as this may sound, I feel it may be worth it, as they got around 4000 likes and over 500 shares on a photo yesterday (no clue how many total hits), and it could be A. great exposure for me (far more hits in a day than I get on my site a month), and/or B. The chance to sell some of my works to a wider audience, even if it is a small chance.
Just to make clear without trying to be rude in any way to anyone, the truth is, I'm not looking to start a whole long discussion about doing work for free (seen these exact ones go around and around and around ad infinitum and ad nauseum), just looking for advice on the actual contract itself.

 

[KmH]

That contract is heavily in favor of the party that wrote it.

Them getting 50% of the sales price of any prints sold is ludicrous, as is quarterly payment.

I would not agree to any of this - "has permission to use these low resolution images in the app and in any related marketing platforms, such as email campaigns, websites, ads, promotional videos, etc. and to share them with partners of _________.

For just web use at 320 x 480 pixels I charged $50 per image for 3 months of usage (paid in advance), or $175 for 12 months usage (paid in advance).

Any other marketing platforms, email campaigns, ads, videos, cost more (a lot more), as did sharing with"partners of".

Sadly, many people will sign, and get screwed.

 

[Rephargotohp]

Actually, if you display in a Gallery, You get 50%,(without even figuring your cost of the print +Framing so actual maybe 25%) If you sell Online art.com you get only 10% .FAA You get almost the full cost of your print but only 5% of paper,mat, frame. so you may make between 80% or 25%
So 50% and quarterly payments are not unusual at all.

 

[Tight Knot]

That contract is heavily in favor of the party that wrote it.

Them getting 50% of the sales price of any prints sold is ludicrous, as is quarterly payment.

I would not agree to any of this - "has permission to use these low resolution images in the app and in any related marketing platforms, such as email campaigns, websites, ads, promotional videos, etc. and to share them with partners of _________.

For just web use at 320 x 480 pixels I charged $50 per image for 3 months of usage (paid in advance), or $175 for 12 months usage (paid in advance).

Any other marketing platforms, email campaigns, ads, videos, cost more (a lot more), as did sharing with"partners of".

Sadly, many people will sign, and get screwed.

WOW!! Okay, this is definitely food for thought. Thanks!!

 

[DiskoJoe]

This is what im talking about. Dont give your work away.

 

[Tight Knot]

Actually, if you display in a Gallery, You get 50%,(without even figuring your cost of the print +Framing so actual maybe 25%) If you sell Online art.com you get only 10% .FAA You get almost the full cost of your print but only 5% of paper,mat, frame. so you may make between 80% or 25%
So 50% and quarterly payments are not unusual at all.

When either myself or my wife (a fine arts artist) sell at galleries or through agents, the 50% rule seems to be standard, so I thought it sounded fair, especially because of the exposure we would get.
But after seeing what KmH wrote, I may have to re-think it.

 

[Tight Knot]

This is what im talking about. Dont give your work away.

Ahah!!!
Got it.

 

[Rephargotohp]

Just so you know though the other side of the coin.

The average stock price for a web image that size with a standard License is $3.26 With an Unlimited Licence $130

So there's your competition's prices

Not saying stock prices these days are OK...But they are what they are and they are there

 

[adversus]

** EDIT **: My bad, I mis-read your first post. I thought YOU were doing the iPhone app. I blame pain medication from surgery yesterday.

Your first post says you are putting together an iPhone app to use your photography.

The contract you posted deals only with photography. My standard software development contract that I use when I freelance is 50-ish pages long. You are missing a lot of important details:

1. Scope
2. Payment (Late Fees, failure to pay clauses)
3. Changes in project scope (change orders, etc.)
4. Delays
5. Acceptance of software criteria
6. Training
7. Maintenance of software
8. Ownership (transfer of license, etc.)
9. Ownership of background technology (frameworks, hardware/software environments)
10. Source code access
11. Warranties
12. Intellectual property infringement claims
13. Limitation of your liability to the customer
14. Confidentiality
15. Term of Agreement
16. Termination of Agreement
17. Taxes
18. Independent Contractor status
19. Attorney Fees
20. Any general provisions (i.e. this agreement adheres to state laws in XXXXX, and all federal laws)
21. Dispute resolution (binding/non-binding arbitration, etc.).