Unfriendly Sample Contract Clause: Photo Session Agreement

Sample Contract Clause

 

  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’s 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.]

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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.