Unfriendly Clause About General Assignment of Copyright

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.