Could Be Worse Clause About Non-Exclusive Use

By uploading content such as photograph image files, Photographer Member agrees to give BigStockPhoto and all users irrevocable nonexclusive royalty-free rights to use the content for any purpose including publication, display, modification, and creation of derivative works. BigStockPhoto has the right to license any content up until the time Member removes the file from the Website. Once submitted to the Photo Approval Queue, Member may not remove photos from site until after they have been posted for 90 days, regardless of whether the Member chooses to terminate their account. Once content is uploaded to the Photo Approval Queue, Member must allow BigStockPhoto the opportunity to license uses for at least 90 days.

This agency, BigStockPhoto, allows members to upload their photographs on the web. Members must give BigStockPhoto the right to use the image for any purpose; BigStock does not pay the member. The author may remove her photo from the site, but not before 90 days. As long as the picture is posted on the website, BigStockPhoto can create new works using the member's photo.

Except as otherwise provided by the Brightcove Privacy Policy, with respect to any Content posted by you on, to, or through Brightcove or the Services, you grant Brightcove a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote such Content elsewhere within Brightcove and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed.

Brightcove is an internet site that allows users to launch their own television channel. In return, Brightcove gets the perpetual non exclusive right to make any kind of use of the material the user posts. Britecove can edit the material, post it on its site or its affiliated sites, transmit it, and adapt it to new media, all without paying the user.

[Party 1] does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the [Party 1] Site or Software; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not [Party 1], are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or Software, or on the Network or Web. To the extent that [Party 1] provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, [Party 1], its contractors, and the users of the [Party 1] Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the [Party 1] Site or Software. This license does not grant [Party 1] the right to sell Member Content or otherwise distribute it outside of [Party 1's] Site and Software.

['Party 1'] is a website that enables musicians, photographers, and creators of video to promote their works on the internet. This license allows the non paid use of any materials the user uploads, forever and for the whole world. The contract also allows [Party 1] and its users to alter or modify the posted work, and to incorporate it into other works. The license does not premit [Party 1] to sell the works or distribute the material outside of its website, but it appears that members who use the site can download and exploit the material. It appears that the grant of rights persists even after the material is no longer on the website.

"SOCIETY'S" Copyright Transfer COPYRIGHT TRANSFER

The undersigned, with the consent of all authors, hereby transfers, to the extent that there is copyright to be transferred, the exclusive copyright interest in the above cited manuscript, including the published version in any format (subsequently called the "work"), to the Society subject to the following (If the manuscript is not accepted by the Society or withdrawn prior to acceptance by the Society, this transfer will be null and void.): A. The undersigned author and all coauthors retain the right to revise, adapt, prepare derivative works, present orally, or distribute or transmit to not more than 50 colleagues, their own paper, provided that copyright credit is given to the source and the Society, that recipients are informed that they may not further disseminate or copy the paper, and that all such use is for the personal noncommercial benefit of the author(s) and is consistent with any prior contractual agreement between the undersigned and/or coauthors and their employer(s). Authors/employers may post the title of the paper, abstract (no other text), tables, and figures of their own papers on their own Web sites, and include these items in their own scholarly, research papers. B. Where a work is prepared as a "work made for hire" for an employer, the employer(s) of the author(s) retain(s) the right to revise, adapt, prepare derivative works, publish, reprint, reproduce, and distribute the work in print format, and to transmit it on an internal, secure network for use by its employees only, and additional rights under A, provided that all such use is for the promotion of its business enterprise and does not imply endorsement by the Society. C. Whenever the Society is approached by third parties for individual permission to use, reprint, or republish specified articles (except for classroom use, library reserve, or to reprint in a collective work) the undersigned author's or employer's permission will also be required. D. No proprietary right other than copyright is claimed by the Society.

This clause, from an academic society's journal, requires the author to assign the journal her copyright in the work. While the author retains the right to create derivative works and present the paper to a limited number of colleagues, she may not make any profits from the work. The society may not, however, reprint the work without the author's permission.

1. Portfolio Use. Photographer may use approved Photographs for non-commercial, non-publication purposes to promote Photographer's work to persons other than the general public, including promotional cards and portfolios, provided the Photographs are not displayed or transferred over the Internet. Gallery exhibits are subject to Artist's (or Artist's representatives) prior written approval in each instance.

2. Copyright. Copyright in the Photographs will be retained by Photographer, subject to the restrictions and Artist's approval rights in this Agreement. Photographer agrees that no publication, distribution, reproduction, recording, display, or other right under copyright will be exploited by Photographer other than in strict conformity with this Agreement. At Artist's request, Photographer will assign its enforcement rights to Artist so that Artist may enjoin or otherwise remedy a third parties violation of the terms, conditions, and restrictions of this Agreement.

This is a contract between a photographer and a major recording artist. The photographer was hired to take photographs of the artist for a specific publication. Credit is not addressed here because that is between the publication and the photographer and would be addressed in a separate contract.

5) This allows the photographer limited use of his work for personal promotional purposes only. However, the limitation regarding the Internet is a large restriction. Photographer cannot post the pictures on his website even for promotional purposes. Furthermore, photographer may not show the pictures in a gallery without artist consent. Despite these restrictions, this clause does allow the photographer some leeway in personal use of the pictures. One should note, however, that the photographer may have a different contract with the publication which would further limit his or her rights and must be read in conjunction with this agreement for a true representation of the photographer's rights.

6) The photographer keeps his or her copyright in the work. However, there are strict restrictions in the previous sections of this contract which limit the photographer's exploitation of this copyright. For instance, the photographer may not post work on the Internet and may not alter the work without the artist's permission, thus diluting the strength of his or her copyright.