Friday, April 25, 2008

Conde Nast/CondeNet Contract: - Foreign Rights


Commentary and Analysis continues:

Version OL1Version OL2
7. Foreign Rights: Company may allow any of Company’s or its affiliates’ owned or licensed services outside of the United States, and/or foreign language services in the United States (in each case “foreign service”) to acquire publication and dissemination rights to each Work in that service’s country and/or language of publication. The foreign service may acquire the rights by giving notice thereof within one (1) month of the initial publication or public dissemination of the Work by Company and by agreeing to pay a fee to Freelancer upon publication that is twenty percent (20%) of the fee paid to Freelancer for the Work. The other Rights (not including exclusivity), Warranty and Miscellaneous provisions of this agreement shall apply to such use by the foreign service.{Does not Apply}

COMMENTS:
Here’s where that breakdown of photo fees and expenses gets you. If you’re paid $400 as your fee, a Euro-edition of the article, for example, need only pat you $80USD to use the work, and that well could be a full page photo.
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1 comments:

Anonymous said...

Whoa, whoa, whoa.

$400?

Are you kidding me?

It would cost more than $400 to READ this contract.

Is that fee even within hailing distance of what a photographer might get paid for some assignment involving this agreement?

That's terrifying. I wouldn't sell ONE PICTURE for $400, and aside from the fact that I might, maybe, be able to use the pictures for something myself, months from now, if it doesn't violate some other term of this agreement, this contract is selling the pictures to Condé Nast. (Version OL2 *does* sell them to Condé Nast.)

As an attorney myself, I am beginning to have a certain dread admiration for these people. I wish *I* could get away with things like this.

M

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