The 2008 AP Contract Analysis - Opening Recitations

FREELANCE PHOTOGRAPHER AGREEMENT

This FREELANCE PHOTOGRAPHER AGREEMENT (this "Agreement"), entered into as of date written above (the "Effective Date"), is between THE ASSOCIATED PRESS, a New York not-for-profit corporation with its principal offices at 450 West 33rd Street, New York, New York 10001 ("AP"), and the above-named photographer ("Freelance Photographer"). References to AP herein shall be interpreted to mean, where appropriate, AP and its subsidiaries and/or affiliates. AP and Freelance Photographer are individually referred to as a "Party" and collectively as the "Parties."

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Comments:
This beginning section of the contract is fairly straightforward. I note that the bottom of this page says “Page 2 of 5”, and it’s somewhat confusing. Page 1 is actually a form of a cover letter, but the named photographer isn’t actually listed “Jane Doe”. Instead, it starts off “Dear Jane.” Also of note – it’s not required for this contract to delinate the AP as a “not-for-profit corporation”. Such identification is a negotiation tactic – attempting to soften up the photographer to the notion that the AP doesn’t make any profits, and so, perhaps you should be more willing to accept the terms and rates proposed. Yet, being a “not-for-profit” does not mean that you don’t make a profit, it means that whatever your profits are, you are not distributing them to the owners or shareholders of the organization. It is a tax status, not a reason for compassion.

Could be better if changed to:
More for clarification than anything else, It should read, instead “…and the above-named photographer ("Freelance Photographer")” should read: ”…and Jane Doe, ( hereinafter referred to as "Freelance Photographer".

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Continue Reading:

• The 2008 AP Contract Analysis - Introduction
• The 2008 AP Contract Analysis - Opening Recitations
• The 2008 AP Contract Analysis - Section 1
• The 2008 AP Contract Analysis - Section 2
• The AP 2008 Contract Analysis - Section 3
• The AP 2008 Contract Analysis - Section 4
• The AP 2008 Contract Analysis - Section 5
• The AP 2008 Contract Analysis - Section 6
• The AP 2008 Contract Analysis - Sections 7,8 & 9
• The AP 2008 Contract Analysis - Rates

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