What do you think of this contract?

acparsons · Sep 10, 2016

I'm submitting photos to be published in a book, no pay on their end as I'm getting benefits for publishing on another end. Any issues with this contract, eg. the bold part at the end.

CONTRIBUTOR’S RELEASE FORM

In consideration of the use of my photography for the book, C_____________________, to be authored by J____________ and published by _______________ Ltd, on behalf of themselves, their successors in business and assigns, license to use the photographs submitted to the editors for use in the above mentioned Work.

I hereby grant _______________Ltd the license to use, edit and publish the photographs (the “Material”) without compensation to me.

I retain the copyright to the Material submitted and agree that_______________Ltd shall have the right to make use of the Material as it wishes in the Work, including the right of publication, reproduction and distribution in all media, including advertising/promotion in regards to solely the Work and the author, _______________.

Credit of the photographer’s name will be given in the copyright page of the above mentioned Work.

I hereby release, discharge and agree to save harmless _______________ Ltd, upon the terms herewith stated, I hereby give to M_______________ Ltd, its affiliates, components, employees, sponsors, agents and assigns of the foregoing, from any liability or claimed liability in connection with the aforementioned use of the Material.

Designer · Sep 10, 2016

Why is that clause included? What liability?

tirediron · Sep 10, 2016

Is the original language of this English?

In para two, it should read, "I hereby grant _______________Ltd the non-exclusive license to use..."

The "without compensation to me" clause needs to be changed to reflect the other consideration(s) you've been promised, otherwise you can be left out in the cold.

I don't understand the point of the last para

KmH · Sep 10, 2016

It is not a release form, it is a use license.
Instead of I, the document should use your name.
I would say "(your name here) retains copyright and all other rights to the material submitted . . . "

As an aspiring professional photographer, how do you justify from a business perspective giving away most of the value of your work?

vintagesnaps · Sep 10, 2016

Don't work for free - the books being published, right? someone is going to be selling this book, right?? and making money from it?

You need a specific time frame/first publication run, etc. not something this open ended. This seems to allow someone to use your photos from now til doomsday and you never get a cent. What if this makes money and they do a second edition, or a third, etc.?

Get on http://asmp.org or try PPA and look up contracts, and licensing, etc. etc. etc. There's a lot to learn and you'll need to do some research and reading on what to do and how to do this.

astroNikon · Sep 10, 2016

liability for papercuts from the book's pages ...

tirediron · Sep 10, 2016

vintagesnaps said:
Don't work for free - the books being published, right? someone is going to be selling this book, right?? and making money from it?

You need a specific time frame/first publication run, etc. not something this open ended. This seems to allow someone to use your photos from now til doomsday and you never get a cent. What if this makes money and they do a second edition, or a third, etc.?

Get on http://asmp.org or try PPA and look up contracts, and licensing, etc. etc. etc. There's a lot to learn and you'll need to do some research and reading on what to do and how to do this.

Don't forget the OP is in South Korea, so the rules are likely different. If he's been promised other considerations in exchange for the use of the image, that's fair, but it needs to be spelled out. I agree, as-is, the contract reads to me like a license to steal for the other side.

astroNikon · Sep 10, 2016

fyi, It removes the publisher's liability just in case the submitter's photos aren't their own and is an infringement of someone else's work. So, someone can't "technically" sue the publisher, though they probably would anyways as it could probably easily be proven the publisher didn't do enough due diligence.

... my best guess.