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|| SportsShooter.com: Member Message Board
photo contract, yeah right!
Darren Whitley, Photographer
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Northwest Missouri | MO | USA | Posted: 7:52 PM on 12.14.09 |
->> How does this photo contract look? I received this today from a company hoping to make championship merchandise for our fans. I'm thinking it stinks! It doesn't even limit the number of images they would make claim to. I'm thinking it's a no go.
This agreement is made by and between XXXXXXXXXX, LLC., a corporation organized and existing under the laws of the State of XXXXXXX having an address of XXXXXXXX City, MO, and Darren Whitley, who will be referred hereafter as "Photographer".
WHEREAS, Darren Whitley is photographer creating photographic images;
WHEREAS, XXXXXXXXXX, LLC. is engaged in the production, marketing, promotion and sale of commemorative products;
WHEREAS, Darren Whitley desires to assign, and XXXXXXXXXX, LLC. desires to acquire, all rights, title and interest in and to the photographic images and all copyrights in and to the photographic images;
NOW, WHEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows:
1. The Photographer agrees to provide images to XXXXXXXXXX, LLC. to be used in a licensed product offering. The Photographer does hereby assign, transfer, convey and set over to XXXXXXXXXX, LLC. the photographic images and any and all copyrights therein, whether registered or not and including rights of mutilation, throughout the world.
2. XXXXXXXXXX, LLC. agrees to bear all costs associated with the sourcing and development of the Collection and ensure all products produced in association with the Collection will be appropriately licensed (University and/or Collegiate Licensing Company).
3. COMPENSATION
The Photographer will have a choice of one of the following compensation methods for XXXXXXXXXX, LLC. to have the rights to use photographic images for the Collection:
A. Paid a total of $250.
OR
B. Paid a 5% royalty of the wholesale sales for each print to be paid at the end of each quarter.
It is understood and agreed that Darren Whitley is an independent contractor and is not employed by XXXXXXXXXX, LLC; no local, state, federal or any other taxes are withheld from this compensation to the Photographers.
4. OTHER BENEFITS
- Darren Whitley will be enrolled in the “XXXXXXXXXX Photographers Program” as it relates to www.life-on-canvas.com ( owned and operated by XXXXXXXXXX LLC. ). As members of the XXXXXXXXXX Photographers Program, he will be entitled to order any Canvas print product on the web site at a 40% discount from the retail price list.
- In addition, Darren Whitley will each receive a complimentary 16 x 20 Gallery wrapped Canvas (photographer may supply digital image of their choice).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
Name: Darren Whitley Name: XXX XXXXXXX, XXXXXXXXXX, LLC.
Signed Name: ______________________ Signed Name: ______________________
Date: _______________________ Date: _______________________ |
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Jim Comeau, Photo Editor, Photographer
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Ian L. Sitren, Photographer
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Palm Springs | CA | USA | Posted: 8:21 PM on 12.14.09 |
->> Once I got to here I was pretty much done...
"The Photographer does hereby assign, transfer, convey and set over to XXXXXXXXXX, LLC. the photographic images and any and all copyrights therein"
And then when I got to...
"Paid a total of $250"
I was really done.
Maybe there was a typo and they left a digit out, to the left of the decimal point. Yeah that must be it... |
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Mitch Stringer, Photographer
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Baltimore | MD | USA | Posted: 8:23 PM on 12.14.09 |
| ->> Great clip and dead on sentiment. Thats an insane contract. Though I am sure XXX LLC thinks its just fine. |
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Mark Peters, Photographer
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Highland | IL | USA | Posted: 8:27 PM on 12.14.09 |
->> An ancillary question here -
It's been my understanding that in general a print is by nature editorial and does not require a release in and of itself (plain english - I don't need a release to sell a print of an athlete), however, that when it is affixed to a product such as a shirt/mug, etc., a release may be/is necessary, as it is now promoting a commercial product.
I'm curious if there is a model release issue here. Perhaps I'm reading too much into this, but by commemorative products, I'm assuming it's more than prints. |
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Melissa Wade, Photographer
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Boston | MA | USA | Posted: 9:30 PM on 12.14.09 |
->> Wow, thats even more insulting than Replay Photos's contract - I don't understand why anyone would sign with Replay, but this is beyond explanation.
Mark - the contract does take responsibility for licensing - I suppose even they thought it would be too insane to expect a photographer to take that liability after giving up their copyright. |
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David Harpe, Photographer
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Louisville | KY | USA | Posted: 10:04 PM on 12.14.09 |
| ->> You mean you're not jumping at the chance to take a 5% royalty? I mean, you're ONLY providing 100% of the creative content. Sounds fair to me... :-) |
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Eric Canha, Photographer
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Brockton | MA | United States | Posted: 10:00 AM on 12.15.09 |
->> 4. OTHER BENEFITS
- Darren Whitley will be enrolled in the “XXXXXXXXXX Photographers Program” as it relates to http://www.life-on-canvas.com ( owned and operated by XXXXXXXXXX LLC. ). As members of the XXXXXXXXXX Photographers Program, he will be entitled to order any Canvas print product on the web site at a 40% discount from the retail price list.
- In addition, Darren Whitley will each receive a complimentary 16 x 20 Gallery wrapped Canvas (photographer may supply digital image of their choice).
Well if they are owned by XXXXXXX, LLC kinda makes redacting the name of the offender unnecessary.
I walked away from a similar 'deal' 3 months ago with a company wanting to 'host' my images plus a dismal compensation offer in return for being allowed to sell clothing with the images printed on them. This was to be targeted at the high schools. I can't help but feel that the booster clubs that make a decent chunk of their $$$ selling school branded clothing would have taken a dim view of me.
Different company and slightly (ever so slight) better $ offer but still not worth it. |
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Joseph Zimmerman, Photographer
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Howard | Pa | USA | Posted: 10:27 AM on 12.15.09 |
->> "LLC agrees to bear all costs associated with the sourcing and development of the Collection and ensure all products produced in association with the Collection will be appropriately licensed"
They said they'll bear the cost, so tell them you need a new Mark IV or D3s in order to "source and develop the collection". |
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