Clause 59
This creator-unfriendly clause is aimed at photographers.
This clause’s language takes more rights from creators than we think reasonable; it is creator-unfriendly.
CLAUSE TEXT:
The Photos shall be specially commissioned works made for hire pursuant to the Copyright Act. [Hotel] shall own all rights in and to the Photos and all physical copies of the Photos in all media, including all digital files containing the Photos. To the extent that any or all of the Photos may be deemed ineligible for work for hire status, you hereby assign and agree to assign to [Hotel] your entire right, title, and interest in those Photos, including all copyright. You agree to execute any further written assignments of copyright in the Photos that [Hotel] may reasonably request. You hereby appoint [Hotel] as your attorney in fact for the sole purpose of executing and recording any such assignments.
EXPLANATION:
This was actually an agreement between a resort hotel seeking publicity shots and a photographer. The agreement stipulates that the work is a work-made-for-hire but a work can't be a work-for-hire unless it meets certain criteria. It is important to understand whether or not your work falls into this category before signing any contract.