Conde Nast/CondeNet Contract: - Other Rights/Likeness
Commentary and analysis continues:
| Version OL1 | Version OL2 |
| 3. Other Rights: Freelancer also grants Company, for the full term of copyright, the non-exclusive right to reproduce, publish, transmit, disseminate, display, perform, or otherwise use any of the Works, the right to make and authorize the making of reprints or stand-alone copies of the article or feature including the Works for any purpose, the right to authorize the use of the Works as set dressing or otherwise in movies, television shows, and other productions, and in addition, the right to use the Works and/or Freelancer’s name and likeness in publishing, promoting, advertising and publicizing Company and services in which the Works appear, and in merchandising. | Freelancer’s Name/Likeness: Company may use Freelancer’s name and likeness in publishing, promoting, advertising and publicizing the publications and services in which the Works appear, and in merchandising. |
COMMENTS: Conde Nast is grabbing reprint rights here. This is a very valuable package of rights. Further, they can re-publish your work as well. In both cases, you are not entitled to a piece of the pie when the monies for that are collected. |
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1 comments:
I haven't read a lot of these, but is it typical to get a free likeness release on the PHOTOGRAPHER as well?
I mean, I can't imagine anybody wanting my ugly mug for any particular reason, but there are *some* cute photographers. Where did they sign up to be free models?
As far as the other thing, that's not just a "reprint rights" grab. That's an "every rights ever" grab. *shudder*
For instance:
"the right to authorize the use of the works as set dressing or otherwise in movies, television shows, and other productions."
Television commercials are productions. That first clause already gave them every right ever, I don't know why they bothered, but this makes it clear they can use your pics for commercials or promo pieces, and let others do the same. Basically they've become, to the extent that they weren't already, a stock agency with a 0/100 split.
M
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