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Author Topic: contract for comisioned work "copyright"  (Read 2585 times)

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« on: July 16, 2012, 12:25 »
0
Hello:
I am doing some comisioned work, it's for an english publisher and they have send me a contract to sign.
English is not my main lenguage, but anyway i guess is the contract were in spanish it wouldn't be of much help either, since i'm a little lost in the legal terms, so i wanted to ask you if you think this is a normal clause.

"You assign with full title guarantee (and where
appropriate by present assignment of future rights)
to the Publisher all and any Intellectual Property
Rights in and to the Material or otherwise arising out
of the provision of the Services."

I am ok with the images being exclusive for them, but wonder if the copyright assignment here is not too much? is that like loose the intelectual property of the designs?

I guess i just want to ear your thoughts, this is a big enterprise and this is a contract that they use for the freelance workers in general.
I off course want to do the job, and they allready ask me how i want my name published in the book for the credits.
Thank you


Lagereek

« Reply #1 on: July 16, 2012, 12:37 »
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I am afraid, very often publishers and big corporations will insist on copyright ownership, especially after a commissioned shoot. Ofcourse, you DONT have to surrender the copy but if you dont, you run the risk of loosing the job.

« Reply #2 on: July 16, 2012, 13:20 »
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Negotiate a rate 2 or 3 times higher than what you normally ask for and just tell them it's because of the contracts language regarding copyright. Never be afraid to walk away from a crap job. Never.

« Reply #3 on: July 16, 2012, 13:43 »
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Lagereek:
Ok i just wanted to know if this was a normal thing or i was about to make something stupid.

cardmaverick:
I didn't say this was a crap job, i'm geting paid what i asked for and it's a good job that i am very illusioned with.

Thank you

« Reply #4 on: July 16, 2012, 13:58 »
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I'd sign it, especially if I were getting the fee I wanted. If I were the publisher I'd ask for it as well, as it protects me from seeing the same image(s) in a competing venture. Just good business.

Lagereek

« Reply #5 on: July 16, 2012, 14:01 »
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Lagereek:
Ok i just wanted to know if this was a normal thing or i was about to make something stupid.

cardmaverick:
I didn't say this was a crap job, i'm geting paid what i asked for and it's a good job that i am very illusioned with.

Thank you

Look!  just secure the job and do what they like. Some people here are under the idiot impression you can blackmail clients into this and that. Forget it, you cant, remember, there are always dozens of photographers wanting commissioned work for a specific job but only one will get it.
Unless you have further use for these particualr images, by surrendering the copy, you lose nothing. Any products involved?  because if there are, you most certenly will have to give up the copy.

jbarber873

« Reply #6 on: July 16, 2012, 14:20 »
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Lagereek is correct. This is standard for many large companies, especially publishing. They need to be able to use their content across platforms and for as long as it remains relevant. The days of selling restricted usage rights are over. Take the job, do a great job, and hopefully build a relationship with a client that will last over time. Any time you try to modify a contract with a potential client you are risking the loss of that client, and there is always another photographer ready to take the job.


 

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