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Usage Agreement
Old 03-12-2009, 06:58 PM   #1 (permalink)
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A model I shot with last month was approached by a local group that is starting a new online magazine patterned after Maxim and FHM. They want to use 3 of the images that I shot for her. At first thought it would be great exposure for us. After reading the Usage Agreement I have questions. Please offer your opinion of the agreement.

"Usage Agreement

In addition to the warranty and representation set forth in these “Terms of Use”, by submitting any images, photographs, pictures or that are otherwise graphical in whole or in part (“Pictures”), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and ******* Magazine, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the public display and reproduction of such Picture. By submitting a Picture, you are granting (a) to all members of your public and private groups (for each such Picture available to members of such public and private groups), (b) to the general public (for each such Picture available on ***** Magazine website), and/or (c) to any person with whom you share Pictures through via email, link, share code, or other method of sharing content and/or images via Internet using ***** Magazine Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use (including, by way of example, and not as a limitation , downloading, exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such ****** Magazine Site/Services. The license granted in the preceding sentences for a Picture will terminate at the time ***** Magazine completely removes such Picture from ****** Magazine Site/Services, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time ****** Magazine completely removes such Picture. No compensation will be paid with respect to the use of your Picture.” "
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Re: Usage Agreement
Old 03-12-2009, 07:11 PM   #2 (permalink)
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That sounds like what they want is a license to do whatever they want with your pictures and to be able to transfer that license to anyone they want. And even if they terminate their license with you by removing the pictures from their site, any transfers of license (as to people who've downloaded them) stays in effect forever. Doesn't sound to me like there's much of anything in it for the original photographer.
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Re: Usage Agreement
Old 03-12-2009, 07:13 PM   #3 (permalink)
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Send them your own release which covers your terms and limitations. if they sign it fine, if not, don't let them use the pictures. Best senario, they use them any way and you sue their a**!
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Re: Usage Agreement
Old 03-12-2009, 07:58 PM   #4 (permalink)
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Quote:
Originally Posted by darrellp View Post
By submitting a Picture, you are granting (a) to all members of your public and private groups (for each such Picture available to members of such public and private groups), (b) to the general public (for each such Picture available on ***** Magazine website), and/or (c) to any person with whom you share Pictures through via email, link, share code, or other method of sharing content and/or images via Internet using ***** Magazine Site/Services,

permission to use your Picture in connection with the use, as permitted by these Terms of Use (including, by way of example, and not as a limitation , downloading, exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such ****** Magazine Site/Services. The license granted in the preceding sentences for a Picture will terminate at the time ***** Magazine completely removes such Picture from ****** Magazine Site/Services, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time ****** Magazine completely removes such Picture. No compensation will be paid with respect to the use of your Picture.” "
Hmmm ... let's see: Exclusive, world-wide, royalty free license; no requirement for attribution; and no compensation?

The least they could do is kiss you before the F*** you.

David
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