A
astrostu
Guest
I've been asked by two women for high-resolution versions of some of my lunar astrophotography. After advice received on this forum ( http://www.thephotoforum.com/forum/showthread.php?t=75848 ), I replied saying I'd like to meet 'em and discuss it, etc. I proposed several things to put in a contract, and their e-mail reply included one that they'd already written up:
In that, I'm assuming I'm the "astrophotographer." To me, the cost seems fine, and it's more than what I expected (assuming, of course, that they're honest about their sales).
My parents thought that it looked fine. However, I have a few issues and I'm wondering if I'm nit-picking: First, I'm not thrilled with the idea of not making commission if they end up selling to a "larger publishing house." I'm also wondering if the language right now really does limit reproduction of my photos to just use in the calendar (the whole "grant right of reproduction" part).
Second, the contract makes no mention of credit. Though they've said that copyright information, credit, bios, and web addresses would be included in the calendar, I would feel more comfortable if it were in the contract.
Third, my Aunt had suggested I try to get contractual approval over final layout in the use of my images, and though I'm not dead-set on that, I'd like to know what you guys think.
Bottom-line is basically my subject line: Do you think their contract is fair, or should I request changes/additions such as my three concerns. I'm not in it for the money, but I do want my work to be protected. I'm not a legal scholar, just an astro grad student!!
Estimated printing Investment amount: $450/each
Calendar price: $14.00+ tax 8.8%= $15.23
Quantity: printing bid still to be finalized.
{names removed} agree that they will split printing cost. Profit sharing agreement is as follows:
The initial profit sharing phase will be a 50% split between {names removed} until {names removed} make back 3 times their initial investment ($1350).
Once that volume of sales is reached, the profit sharing will be as follows:
Each of the 13 artists will receive a 2% share of the profits, and the astrophotographer will receive 4% of the sales. All the artists and the astrophotographer will receive a free calendar, which will be accounted for in the investment cost of the project, and may buy a limited number of calendars at printing cost.
The copyright to the project will be jointly held in perpetuity by {names removed}. The artists will retain the rights to their artwork; yet agree to grant right of reproduction to any possible buyers of the Calendar. If the Calendar is sold to a larger publishing house, each artist will receive a 4% share and the Astrophotographer will receive 8%.
In that, I'm assuming I'm the "astrophotographer." To me, the cost seems fine, and it's more than what I expected (assuming, of course, that they're honest about their sales).
My parents thought that it looked fine. However, I have a few issues and I'm wondering if I'm nit-picking: First, I'm not thrilled with the idea of not making commission if they end up selling to a "larger publishing house." I'm also wondering if the language right now really does limit reproduction of my photos to just use in the calendar (the whole "grant right of reproduction" part).
Second, the contract makes no mention of credit. Though they've said that copyright information, credit, bios, and web addresses would be included in the calendar, I would feel more comfortable if it were in the contract.
Third, my Aunt had suggested I try to get contractual approval over final layout in the use of my images, and though I'm not dead-set on that, I'd like to know what you guys think.
Bottom-line is basically my subject line: Do you think their contract is fair, or should I request changes/additions such as my three concerns. I'm not in it for the money, but I do want my work to be protected. I'm not a legal scholar, just an astro grad student!!