Re: [APML] OT: Buyout Rights of Images

[Jerry Lodriguss <lists4@astropix.com>]

>
>"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."


Hi Steve,

I'm not a lawyer, and this is not legal advice. It's my opinion after 
licensing stock images for the last 15 years, and it is fairly educated.

If someone wants to use your image in a project that is for profit, they 
should pay a license fee, no matter how small it might be, for the right to 
license the image.  You can bet that everyone else is getting paid for 
their work, such as the director, etc.

As far as the language in the contract they sent you, it's fairly standard 
with folks are trying to get ALL rights to do whatever they want with your 
image, for however little they pay you. This is not the way it works. 
Photographers license specific uses, and have their license fees based on 
that. Extra uses means more fees. Just like when you get basic cable. You 
pay a basic fee. Then, if you want more, they charge you extra for more 
channels, like HBO.

The paragraph from the contract above wouldn't be that bad, except for the 
phrase "and for any profit or non-profit purposes". This basically gives 
them the right to resell your photo to whoever they want. For example, Bill 
Gates might somehow see this photo in their film and fall in love with it 
and decide to put it on the cover of Microsoft's retail box for the next 
version of Windows. You might be talking about hundreds of thousands of 
dollars for that license fee.  Now, this may seem like a ridiculous and 
extreme example, and maybe it is, but why on Earth would you want to give 
away the rights to your photos like that?

If you still want to give it to them, at a very minimum, insist that the 
line "and any ancillary use or derivative works and for any profit or 
non-profit purposes." be taken out of the contract.

With this wording you still retain the copyright to the image, there is no 
language in there transferring the copyright to them.

Remember, a contract (and this is what this is, if you sign it) is 
something that has to be agreed to by both parties. It's not a take it or 
leave it deal. Also, tell them that for a contract to be binding, you have 
to receive something of value in return. That's the law.

Jerry

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