Magazine Article Contract

In consideration for the fee paid by Magazine to Artist, Artist grants to Magazine the rights of use set forth below and otherwise agrees as follows:

  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).
  7. Magazine shall make payment to the Artist in the amount of the fee stated above. In the event Artist requires the services of a third party to fulfill Artist’s obligations under this Agreement, Magazine will not be responsible to pay the fees of any such third party unless agreed to in advance by Magazine. Additionally, Magazine will not be responsible to pay for expenses (such as travel, film, or processing costs) unless agreed to in advance by 5280 Magazine.
  8. Magazine shall make payment to Artist on publication, subject to the provisions of paragraph 7.
  9. In the event that Magazine determines that Artist’s services do not meet its requirements or otherwise determines to terminate the assignment, which termination will be at the sole discretion of Magazine, Magazine shall pay a “kill fee” to Artist based on the amount of work done, of % but in no event shall the “kill fee” exceed 50% of the agreed fee.
  10. Magazine shall return the original Work to Artist upon completion of publication.
  11. The terms of this Agreement shall control the respective rights and duties of the parties relative to the Work. Please sign and return one copy of this contract by fax to XXX, Art Director