Unfriendly Clause About Exclusive Use

(a) Author grants to Publisher and its successors and assigns, during the full term of copyright and all renewals thereof, the following rights, subject to any Author approvals as specified in this Agreement:

(i) the sole and exclusive right to print, publish, distribute, market and sell the Work in any and all editions and formats throughout the World (the Exclusive Territory).

(ii) the sole and exclusive right to license and above rights in the Work including the subsidiary rights set forth in Section 10 in the Exclusive Territory.

(b) All rights not specifically granted to Publlisher are reserved by the Author, including but not limited to the right to exploit and use the individual photographic images contained in the Work, except where otherwise noted.

The Work will be a work made for hire under the U.S. copyright laws. If a court determines that this agreement does not provide for the creation of a work made for hire, then you agree to give COMPANY its affiliated corporations and licensees exclusive publication rights of your Work for COMPANY, as well as the exclusive rights to reproduce, edit, adapt, modify, perform, transmit and otherwise use the Work, including any derivative works created therefrom, in any manner or medium throughout the world in perpetuity without additional compensation. This includes, but is not limited to, the right to reproduce and distribute the Work in electronic or optical media, or in CD-ROM, on-line or similar format.

Following your submission of the Work to COMPANY, COMPANY is willing to consider a request by you for a non-exclusive license to reproduce and/or distribute the Work to third parties. Any such request should be addressed to your editorial contact.

This is an excerpt from a contract between a journalist or photographer and a major news service. This would look, at first glance, like a standard work-for-hire agreement. People who sign this, however, should consult our definition of work-for-hire and ensure that their project can be classified under this Section of the Copyright Act. Furthermore, the language in the second paragraph should be looked at closely. The Company may give the author the right to reproduce and/or distribute the work to third parties. This right is not guaranteed however, and must be agreed upon at the time the contract is signed. Also, the language of the contract seems to indicate that the author may only reproduce and/or distribute his work to a third party, which would not necessarily include the right to post the material on one's own website or allow others to reproduce the work. Further clarification on these points should be requested before this document is signed.

1. Single Issue License. The photographs, digital images, or other recordings to be made of Artist (or Artist and any third parties) (the Photographs) are to be published once on the inside of the _ [date] issue of __ (the Publication).

2. Artist Approvals. All Photographs which Photographer intends to use first must be submitted to Artist for approval. The print, negative, or other material embodying disapproved Photographs will be promptly destroyed by the Photographer. This license will automatically expire without further notice if the article containing the approved Photographs is not published by the issue date above.

3. Alterations. At no time may Artist photographic image be altered by Publication. Any proposed post-production work to occur on any and all photographic images of Artist must be set forth in writing by Publication prior thereto and pre approved by Artist. Artist must have approval on any and all photographs that have been altered in any way, even if agreed to prior to photo session, before photos may be used in publication, and reserve the right to ask for approval of prints anytime thereafter before permission is given to use photos again.

4. Additional Licenses. Photographer will not make any further license or use of the Photographs for any retrospective or additional use by the Publication, advertising, promotional, publicity, commercial tie-in, merchandising, or other use and may not assign, auction, transfer, give away or otherwise dispose of the Photographs without first obtaining the written consent of Artist (or Artist representatives) in each instance. [Artist pre-approves the reproduction or display of a cover of the Publication bearing an Artist approved Photo in connection with the normal and customary consumer subscription marketing activities of the Publication (e.g., pre-addressed postage paid subscription order cards inserted in copies of the Publication), provided such use does not occur more than 12 months from the initial publication date of the Publication bearing the Photographs.]

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.

1. This allows the artist to destroy any images that he wishes to destroy. Additionally, the last sentence means that the photographer loses all rights to the pictures if the story is not published by a set date.

2. The photographer may not alter the pictures without artist approval. The last sentence means that at any given time and before any future use of the pictures, the artist gets approval rights again.

3. The photographer may not use the photographs for other purposes or dispose of the photographs without first having the artist's written consent.

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.

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.