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Thread started 05 Feb 2015 (Thursday) 20:58
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Need help with legal agreement

 
Picture ­ North ­ Carolina
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Feb 05, 2015 20:58 |  #1

Below is a blurb from a contract to be signed Its for a printed publication. This is different than others I have seen.

Advice appreciated

Author agrees and acknowledges not to sell or publish Submitted Content, or
versions thereof, prior to the publication by (publishing company). In
addition, Author grants (publishing company), sole and exclusive worldwide rights of the Submitted Content, or
versions thereof, for all publication media, including electronic and social media, for a period of ninety (90)
days after publication. Thereafter, Author grants (publishing company), non-exclusive worldwide rights of the
Submitted Content for all publication media, including electronic and social media. Author shall not make
any use or reproduction of the Submitted Content or authorize others to use or reproduce the Submitted
Content except as expressly permitted by (publishing company) in writing, for a period of ninety (90) days after publication.
Author shall perform, at the expense of (publishing company), all acts deemed necessary or desirable by (publishing company) to obtain
and/or maintain the full benefits, enjoyment, rights and title throughout the world of all intellectual property
rights assigned by Author to (publishing company) under this Agreement for period of ninety (90) days after publication and
hereby irrevocably appoints any officer of (publishing company) as Author’s agent and attorney-in-fact to perform all such
acts if Author refuses to perform those acts, or is unavailable within the meaning of applicable laws.


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crbinson
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Feb 05, 2015 21:10 |  #2

Seems pretty succinct. What is your concern?


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Dan ­ Marchant
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Feb 06, 2015 05:06 |  #3

Seems fine to me but then it is a part of an agreement posted out of context and we don't know what the actual situation is, which makes it hard to give meaningful help.


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Picture ­ North ­ Carolina
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Feb 06, 2015 05:52 |  #4

Dan Marchant wrote in post #17417951 (external link)
Seems fine to me but then it is a part of an agreement posted out of context and we don't know what the actual situation is, which makes it hard to give meaningful help.

Photography only for printed media. Other parts of the contract are specifically addressed to writers, and do not include anything related to photographs.


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Dan ­ Marchant
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Feb 06, 2015 21:09 |  #5

Picture North Carolina wrote in post #17417980 (external link)
Photography only for printed media.

So it's printing on beer mats then.... or is it one of the millions of other possible "printed media" out there?

As I said, without meaningful details as to media, usage etc etc, it isn't possible to give meaningful assistance. I would suggest consulting a local lawyer experienced in IP law.

Other parts of the contract are specifically addressed to writers, and do not include anything related to photographs.

If that is really the only part of the agreement that relates to photographs then I would have to say it is an incomplete agreement. Beyond that I can't help without seeing the actual agreement and knowing what the intended purpose/usage etc are.


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sspellman
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Feb 06, 2015 21:28 |  #6

They contract says you grant an unrestricted license and exclusive use of the photos until 90 days after publication. Magazine retains non-exclusive rights after publication.

Most important question- What happens if they are not published?


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Picture ­ North ­ Carolina
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Feb 07, 2015 06:37 |  #7

sspellman wrote in post #17419484 (external link)
They contract says you grant an unrestricted license and exclusive use of the photos until 90 days after publication. Magazine retains non-exclusive rights after publication.

Thank you, Sspelman. That's very helpful. The restrictions are pretty straightforward although encased in legalese. The one thing that concerned me after the exclusive 90-post publishing restrictions was this:

"Thereafter, Author grants (publishing company), non-exclusive worldwide rights of the Submitted Content for all publication media, including electronic and social media. "

This is understandable in today's world. The publication will be promoted on the web, and of course, things stay on the internet for years - hence this perpetual ("Thereafter") clause. However, I pointed out to them it was worded so generically it could also be interpreted to say that with this they have the perpetual right of use in any publication(s) for years to come. They have agreed to allow me to add a clause that the "Thereafter" perpetual clause is restricted. Thanks for your help. Appreciate it.


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Need help with legal agreement
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