Unfriendly Clause About Grant Back

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.