Contract Question

I was hoping someone could give me some advice here, and I certainly don’t intend this post to become a firestorm.

First and foremost let me say I have read the numerous posts and completely agree with the concept and consequences of giving work away for free. However about 18 months ago – before I knew any better - someone saw some photos I posted, asked if they could use it in a book – and I thought, “Cool! A photo credit!” I realize now the error of my ways, and it won’t happen again.

Fast forward to today when I finally received the contract for these photos. I have typed below some of the language of the 1 page contract:

“Permission is granted by the Photographer of the images…for non-exclusive rights to the images for use in…and for subsidiary use, promotional use, future revisions, and future editions of the same. Permission is granted for the publisher to reproduce, print, publish, and distribute the images…

“Permission is granted by the photographer and subjects for irrevocable, royalty-free, and fully sublicensable perpetual use of the Images worldwide and in all languages…

“…The images will not be inverted, but may be modified or digitally altered in any manner, including but not limited to cropping and adjustment of brightness, shadow, contrast, and color saturation…”

Wheh! While I would like to be true to my word and let this author use these as originally communicated, I am very uncomfotable with the complete and total lack of control this leaves me. Especially concerning is the sublicensable clause. I am very willing to write the author back and try to negotiate on the terms, and also more than willing to walk away with no deal if we can’t compromise.

Any thoughts???

I won’t do it again – I promise!

Certainly doesn't sound like a win-win contract for both parties. I would think giving the author royalty free one time use (for the book) was more like what you had in mind, perhaps you can move things back to that point with some negotiation.....to think the author would presume you to be giving away royalty free product that he in turn can sub-license is absurd (if he does demand this, I would be keeping the photos). Good luck as you resolve things.

Make sure you document your conversations.

You may be better to communicate via email, at least it gives you some sort of audit trail.
As for the use of the photo's - I don't see how you would want to give away this much control. You may as well just say "Here, have the cd they're yours!"
I'd go back to the beginning and start again with negotiations, maybe agreeing to limited use but letting them pay for anything else. IMHO.

TJ

What do you mean you have no control? Yes, you do.

Back out now and don't give the picture, or if you've given the picture, write a letter saying you don't agree with the contract, no deal, and tell them to NOT use your picture.

yup...unless you have already signed the contract...

but unless you have signed the contract time to move on...

cheers,

Haven't signed yet - so yes, I still have complete control.

Thanks for everyone's suggestions!

All contracts are negotiable. Cross out what you don't like and put your initials by it. Then send an unsigned copy back to the author for his approval. The point of a contract is to meet the needs of all parties involved. If that isn't going to happen then someone is going to have to make some sacrifices or call the deal off altogether.

You may want to become friends with a lawyer, or a couple of lawyers.

AKRover wrote:
All contracts are negotiable. Cross out what you don't like and put your initials by it. Then send an unsigned copy back to the author for his approval. The point of a contract is to meet the needs of all parties involved. If that isn't going to happen then someone is going to have to make some sacrifices or call the deal off altogether.

You may want to become friends with a lawyer, or a couple of lawyers.

Negotiagation is the American way. In business the big wheels want the whole nine yards and want to pay nothing for it. You agreed to give the use of certain phots for a specific book that's fine it's unethical to back out but you can negotiate the future use especially once you've been published, your future work becomes more valuable. I would have given my work away to get published in the beginning. But now I want $$$ I have a lot invested in my time and equipment as do you also.