Re: [APML] OT: Buyout Rights of Images

["Richard Crisp" <rdcrisp@earthlink.net>]

that's pretty standard intellectual property protection language.

the worrisome aspect if any is what constitutes ancillary use. Derivative 
works should not be an issue.

you are limiting the photos to which this applies to only those listed in 
Exhibit A and you are giving a non-exclusive license

so you can still do with it what you want, but once you sign the deal they 
can use it for the movie  and promo material for it as well as in dvds tapes 
and so on.

i'd have no problem with that deal Steve

i've done a lot of licensing business of intellectual property in the past 
and that sounds onerous but it really isn't

at the very worst case they have paid you some money and they can use that 
image for whatever they want but you retain rights to license it to others 
so it doesn't look like any big deal to me.

and you said the image wasn't that spectacular anyway.

so your downside really is limited


\---- Original Message ----- 
From: "Steve Lindsey" <stevelindsey@earthlink.net>
To: "APML" <astro-photo@seds.org>
Sent: Wednesday, August 10, 2005 10:22 PM
Subject: [APML] OT: Buyout Rights of Images


> Hi guys.  Just been lurking for a long time and enjoying your wonderful 
> images as I'm rebuilding my house and AP is low on my list for a few more 
> months.
>
> Got contacted recently by a European film company about paying a small fee 
> to use a picture of mine in a low budget film.  I don't think of my pics 
> as much in quality and don't generally mind sharing them but the language 
> on a document they sent me bothers me.  Is this typical or should I steer 
> clear of any such arrangement?  I guess my main concern is my own ability 
> to use and share the image myself as I like without needing their 
> permission!  I deleted their name to keep them and their project 
> anonymous.
>
> "XXX(me) hereby grants to YYYY the non-exclusive right to use the 
> photograph specified in Exhibit A, attached hereto, for inclusion in the 
> motion picture "ZZZZ" (herein after "production") and for the exploitation 
> of the production in all and any media (cinema, tv, video, dvd, internet, 
> etc.) and any ancillary use or derivative works and for any profit or 
> non-profit purposes. XXX(me) acknowledges that the photo may be duplicated 
> and distributed in any and all manner and media throughout the world in 
> perpetuity. All rights, licenses and privileges herein granted to YYYY are 
> irrevocable and not subject to rescission, restrain or injunction under 
> any circumstances."
>
> What do you folks think?
>
> Steve
>
> _______________________________________________
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> Astro-Photo@seds.org
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> 


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