Friendly Sample Contract Clause: Magazine Contract

Sample Contract Clause

  1. Magazine shall have the unlimited right to publish the Work in the print medium for one magazine issue, including promotional rights as described in paragraph two. The Work shall be credited to Artist upon publication.
     
  2. Magazine shall have the unlimited right to make promotional and internal use of the Work in the print medium, including use of tearsheets by either Magazine or its contributors or advertisers.
     
  3. Magazine shall have the unlimited right to publish the Work in the electronic medium for one magazine issue, including promotional rights as described in paragraph 4, provided that the Work shall appear in context to the original cover or page layout.
     
  4. Magazine shall have the unlimited right to make promotional use of the Work in the electronic medium, including promotion of Magazine or its Web site either directly on the Magazine Web site or through third-party Web sites or electronic services, provided that the Work shall appear in context to the original cover or page layout.
     
  5. In addition to the promotional rights described above, Magazine shall have the unlimited right to make promotional use of the Work in any medium (for example, billboards or blow-in cards), provided that the Work shall appear in context to the original cover or page layout.
     
  6. Subject to the provisions of paragraphs 1 through 5, Artist agrees that Magazine shall have the exclusive right to use the Work for a period of 60 days from when the Work is published. Artist further agrees that this exclusive use applies to Artist’s other work that is highly similar to the Work (for example, a different frame from the same photo shoot).

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This is an excerpt from a contract between a photographer and a magazine. It provides that the magazine has unlimited rights to the work for one issue including promotional and electronic use. Any use, however, must be in context to the original layout, and credit must be given upon publication.
Due to the limited time period that this contract covers and the fact that the artist retains copyright in the work and receives full credit for the work, this contract is quite reasonable.