Sunday, December 6, 2009

New Reader's Digest Contract

Got a copy of the email below and thought it would be of great benefit to the photographic community if this issue would be raised publicly.

Dear XXXX,

I thought you would be interested to know that the powers that be at Readers Digest Publishing in Australia are now forcing a new contract on photographers. We normally work with their Singapore Office and they are telling us that any assignments we accept for our photographers must be under these new terms. This includes assignments for Readers Digest magazine and Discovery Channel Magazine and presumably any other of the RD stable of publications whether put together in Australia , Singapore or elsewhere.

The agreement is one of the worst we have ever seen and we will not be able to work with RD until they change this contract. We strongly urge you not to work under these terms. We are aware that times are tough, but they will only get tougher if publishing houses get away with enforcing contracts like this.

Please feel free to disseminate this information to your photographer friends and on blogs and other discussion forums. Only when they can’t find photographers to work for them will the think about something more ethical and reasonable.

We copy below the new agreement with some opinions and comments about why it is so bad – comments are in BLUE CAPS pasted into the agreement. Please note we are not lawyers and our comments are only opinions and purely for informational purposes – it is up to you to make your own decisions as to what you feel is acceptable in a contract.

Kind regards,

Peter Charlesworth
Director
OnAsia
www.onasia.com
We Focus on Asia

Note:
Republished with permission. The comments (text in Blue) made by OnAsia are only opinions and purely for informational purposes – it is up to you to make your own decisions as to what you feel is acceptable in a contract.
======

THE CONTRACT:

DATE:

NAME OF PHOTOGRAPHER:

ADDRESS:

This contract, when executed by both parties, shall constitute an agreement between Reader’s Digest Asia Pte. Ltd. (“RDA”) and yourself with respect to certain photographs (the “Photographs”) to be created as follows:

1. You agree to deliver the Photograph(s) listed in Schedule A in compliance with the delivery date(s) set out in said Schedule.

2. You hereby grant, license, and assign to RDA, its subsidiaries, affiliates, parent company and licensees the following rights in the Photographs:

a) Exclusive worldwide rights to reproduce and publish the Photographs in any magazine, periodical or other publication as well as the right to reproduce and publish the Photographs in any Read­er’s Digest anthologies, compilations and promotional materials. AT EDITORIAL RATES THE NORM FOR ASSIGNMENTS HAS BEEN AND SHOULD CONTINUE TO BE FOR ONE TIME USE BY A SINGLE PUBLICATION UNLESS A REASONABLE FURTHER FEE HAS BEEN AGREED FOR MULTIPLE USES.

b) Exclusive rights to distribute the Photographs through the Internet, mobile phone and other commercial on-line services or through any other method or media, including without limitation, motion pictures, television programs, video programs and other audiovisual productions. IT IS OUR OPINION THAT THIS MEANS THAT NEITHER YOU (NOR YOUR AGENT) CAN RELICENSE ANY OF THE IMAGES YOU SHOOT ON THESE ASSIGNMENTS FOR TWO YEARS (SEE 4 BELOW) – EFFECTIVELY THE MAIN ‘LIFE’ OF THESE IMAGES. SO YOU WILL LOSE PRETTY MUCH ALL RESALE VALUE – ONE OF THE MAIN REASONS YOU CAN AFFORD TO TAKE ASSIGNMENTS AT LOW EDITORIAL RATES. THIS CLAUSE IS AMBIGUOUS AND IT IS OUR READING THAT YOU WOULD BE GIVING RD THE RIGHT TO MARKET AND SELL YOUR IMAGES TO ANYONE EVEN PUBLICATIONS/ CLIENTS OUTSIDE OF RD FOR ANY USE INCLUDING ADVERTISING WITH NO FURTHER REMUNERATION TO YOU.

c) The right to archive the Photographs in any manner, method or media, now or hereafter known.

3. You agree that RDA may modify the size or other elements of the Photographs, which it shall do with care.

4. RDA shall have the exclusive right set out in section 2 herien, for a period of 24 months which shall commence from the date of publication of the photos and thereafter the rights set out in secton 2 shall be read as non -exclusive for an indefinite period. EVEN AFTER THE TWO YEARS RD CAN CONTINUE TO LICENSE (SELL) YOUR IMAGES IN PERPETUITY WITH NO REMUNERATION TO YOU.

5. You warrant that you have the full power to grant such rights set out in Section 2 herein, that the Photographs are original, and do not infringe any copyright or other rights of any third party, or contain any matter that is libelous or otherwise in contravention of the law. BE VERY CAREFUL WHEN SIGNING A CLAUSE LIKE THIS, IT IS OUR OPINION THAT IF YOU ARE SHOOTING AN ASSIGNMENT FOR A CLIENT, THEN IT IS UP TO THE PUBLISHER TO SATISFY THEMSELVES THAT THE IMAGES DO NOT INFRINGE ON ANY RIGHTS. NOT MANY PHOTOGRAPHERS CAN AFFORD TO DEFEND THEMSELVES AND THIS ONE SIDED CLAUSE MIGHT OPEN THE DOOR TO AN ACTION AGAINST THE PHOTOGRAPHER SHOULD THE MAGAZINE END UP USING AN IMAGE IN A LIBELOUS MANNER ESPECIALLY AS THEY CAN, WE BELIEVE, SELL THE IMAGES TO OTHER CLIENTS AND LOSE ANY CONTROL OVER HOW THE IMAGES MAY BE USED.

6. In consideration of the rights granted hereunder, upon acceptance of the Photographs at our sole discretion, RDA will pay you the sum set out in Schedule A. SHOULD RD OFFER YOU CORPORATE STYLE RATES FOR THE ADDITIONAL RIGHTS THEY ARE DEMANDING ABOVE (RIGHTS THAT WE BELIEVE ARE WAY IN EXCESS OF MOST CORPORATE ASSIGNMENTS WHICH NORMALLY DO NOT CARRY RESALE RIGHTS) THEN FOR SOME PHOTOGRAPHERS THIS MAY BE WORTH SIGNING. BUT IT IS OUR UNDERSTANDING THAT ANY RATE INCREASE FOR THEIR ASSIGNMENTS WILL BE MINUMAL, CERTAINLY WILL NOT APPROACH ANYTHING LIKE THE VALUE OF WHAT THEY ARE DEMANDING IN THIS AGREEMENT.

7. If the Photographs are not accepted because the article that they illustrate has been cancelled, RDA will pay you a kill fee representing up to fifty percent (50%) of the due amount for the Photographs as set out in Schedule A. THIS CLAUSE ALONE MAKES THIS CONTRACT COMPLETELY UNACCEPTABLE IN OUR OPINION – THEY CAN SIMPLY DECIDE NOT TO RUN A STORY AND ONLY PAY YOU 50% - THEY DO NOT EVEN MAKE IT CLEAR WHETHER THIS INCLUDES ONLY PAYING 50% OF THE EXPENSES! ASK THEM WHETHER WHEN THE READERS DIGEST CORPORATE TYPES GO SHOPPING AT TESCOS AND BUY A CASE OF RED WINE, THEY SAY THEY WILL ONLY PAY HALF IF THEY SUDDENLY DECIDE THEY PREFER WHITE.

8. If the Photographs are not accepted because they do not meet professional standards or if they do not meet the expectations or descriptions of RDAU specified in Schedule A, you will not receive any form of compensation or kill fee. THIS IS NOT A CLAUSE WE LIKE TO SEE IN ANY CONTRACT AS IT IS AMBIGUOUS, ONE PERSON’S IDEA OF WHAT IS USABLE IS ANOTHER’S FULL PAGE PICTURE. IF A PHOTOGRAPHER REALLY MESSES UP A SHOOT BOTH SIDES WILL KNOW IT AND THE PHOTOGRAPHER WILL PROBABLY CONCEDE THIS AND NOT CHARGE OR RESHOOT FOR NO ADDITIONAL FEE…BUT NEVER GOOD TO HAVE THIS AS PART OF A CONTRACT. BUT PROBABLY NOT A DEAL BREAKER.

9 RDA will reimburse reasonable expenses upon presentation of appropriate receipts or documentation. Any expense exceeding $100 must be approved in writing in advance by RDA.

10. this agreement may not be assigned by either party without prior written consent of the other party, except that RDA may assign the agreement to any successor publisher of Reader’s Digest magazine.

11. This Agreement shall be governed and construed in accordance with the laws of Singapore .

READ, ACCEPTED AND AGREED TO:

READER’S DIGEST ASIA PTE. LTD.

By:_________ _________ _________ _________ _____
Date:_______ _________ _________ _________ ______

PHOTOGRAPHER

By:_________ _________ _________ _________ _____
Date:_______ _________ _________ _________ ______

IFJ on Author's Rights

As everything news and information-related appears to be “going digital,” the exploitation of intellectual property rights is a topic for virtually every government, major company and economic forum worldwide. Journalists are among those who must have intellectual property rights too!

These rights are called authors' rights. Authors' rights are currently best protected in continental Europe.

The IFJ authors' rights programmes call for journalists to be recognised as authors of the work they create, have control on further use of their work and receive an equitable remuneration for it. In this sense, we oppose the Anglo-American copyright system which deprives all staff and most freelances of these rights.

Authors' rights are not only economic rights. Journalists, photographers and media professionals also need strong legal protection of their moral rights, including the right to be named as the author and the right to protect their content from being used in a detrimental way or context. The rights for individuals to exercise control over their work is crucial to maintain ethical standards, which define and guarantee quality journalism. This is another reason to oppose the Anglo-American copyright system, through which authors can be, and are, coerced into signing away their moral rights.

Continue reading here:
http://www.ifj.org/en/pages/authorsrights

Download:
IFJ Guiding Principles on Authors' rights
IFJ/EFJ Authors' rights manual

Friday, October 9, 2009

Nuvali/ Ayala Land Photo Contest (Revised T&C)

After a 'careful review,' the organizers (hired by Nuvali to organize said contest on their behalf) of the Nuvali/ Ayala Land Photo Contest dubbed as NUVALI Dirt Bike Weekend Photographers Tour and Photo Contest had made some revisions which appear hereunder. The text in italics was by the author of this blog.

NUVALI Dirt Bike Weekend Photographers Tour and Photo Contest
Terms and Conditions:

1. The photo contest is a required output of the tour. All tour participants are required to submit five (5) entries per category.

2. Categories are (which looks more like a shotlist rather than categories):
  • NUVALI Wildlife and Bird Sanctuary/Bike Trails
  • Bird Photos
  • Dirt Weekend Event Photos
  • NUVALI Evoliving Center
  • Koi Photos
  • Lakeside Photos
  • Solenad Photos
  • Free Style
3. Three winners per category shall be selected – 1st Place, 2nd Place and 3rd Place.

4. Category winners shall receive:
  • 1st Place: Php 5,000.00 cash
  • 2nd Place: Php 3,000.00 cash
  • 3rd Place: Php 1,000.00 cash
5. Format
  • To join said contest, you are required to submit your photo entries (either raw or enhanced; minimum of 300 DPI resolution) by uploading it at the NUVALI website: www.nuvalievoliving.com between October 10 to 14, 2009
  • You may also opt to submit the entries immediately after the tour through the assistance of the onsite events agency team
6. By participating in the NUVALI Dirt Weekend Photographer’s Tour and Photo Contest, the photographer agrees that any image submitted may be used by NUVALI for their marketing and promotional efforts of this event or future events and/or marketing and promotional requirements of NUVALI. These uses include but are not limited to the following:
  • Displaying of images in NUVALI website, public photo exhibits
  • Using the images on brochures/flyers; web banners; calendar; Audio-Visual Presentations; as part of photo/press releases to promote NUVALI
  • Cropping and re-sizing the image as necessary to fit pre-defined formats to promote the competition and to promote NUVALI
  • Inclusion within any materials promoting the event or any exhibition of images from this event organized by NUVALI and to promote NUVALI
  • Photographer gives NUVALI the right (exclusive or non-exclusive use? for how long?) to use submitted photos in various advertising and/or promotional materials to be developed by and for NUVALI.
  • Photographer will be credited as the author of the photo/s on any and all occasions that photos are used.
7. In the event that photographers would like to use images taken, images should be:
  • Used in a judicious and non-disparaging manner
  • When using the photos, the location must always be identified in the photo as NUVALI, Laguna
  • Images should not be used to represent competing real estate development properties and other companies directly and/or indirectly competitive to NUVALI
8. By participating in this contest, the photographer confirms that he/she has read and understood, and agree to abide by the Terms and Conditions of this photo contest.

See previous version of the mechanics here.

Thursday, October 8, 2009

Nuvali / Ayala Land Photo Contest

Fellow photographers, if you are plaaning to join the Nuvali Dirt Weekend Photo Contest, it'll be good if you're aware of what you are entering into. Please read on...

Terms and Conditions:

1. A copy OF ALL photos taken during the NUVALI Dirt weekend Photographer's tour and photo contest shall be turned over to Ayala Land Inc. on October 10, 2009 in CD Format.

2. To participate in the photo contest, you are required to submit your photo entries (either raw or enhanced; minimum of 300 DPI resolution) by uploading it at the NUVALI website.

3. ALL PHOTOS SUBMITTED AND PHOTO CONTEST ENTRIES SHALL BECOME SOLE AND EXCLUSIVE PROPERTY OF AYALA LAND INC. AND MAY BE REPRODUCED AND/OR REPRINTED INTO ANY SIZE FOR EXHIBITION OR ANY OTHER PURPOSE WITHOUT SEEKING PERMISSION FROM THE OWNER NOR PAYING COMPENSATION FOR THE ACQUISITION OF SAID PHOTOS.

4. By participating in the NUVALI Dirt weekend Photographer's Tour and Photo contest, you agree that any image you submit may be used by NUVALI / AYALA Land Inc. for their marketing and promotional efforts of this event or future events and/or marketing and promotional requirements of NUVALI / AYALA Land Inc. These uses include but are not limited to the following:
  • Displaying of images in NUVALI and / or Ayala Land Inc. website, public photo exhibits
  • Using the images on Brochures/Flyers; web banners; calendar; Audio-Visual Presentations; as part of photo/press releases to promote NUVALI / and / or Ayala Land Inc.
  • Cropping and re-sizing the images necessary to fit pre-defined formats to promote the competition and to promote NUVALI and / or Ayala Land Inc.
  • Inclusion within any materials promoting the event or any exhibition of images from this event organized by NUVALI and / or Ayala Land Inc.
5. Ayala Land Inc. will have the exclusive right to use submitted photos in various advertising and / or promotional materials to be developed by and for NUVALI without the need to secure prior consent of the Photographer.

6. Photographer will be credited as the author of the photos/s on two occasions:
  • If your photo/s is chosen to be showcased in the NUVALI and / or Ayala Land Inc. website.
  • Should your photo be declared as a winning entry in the NUVALI Dirt weekend Photo Contest, a winner's print advertisement to be published in a publication
7. By participating in this contest, you confirm that you have read and understood, and agree to abide by the Terms and Conditions of this photo contest.

Note:
Terms and conditions is not 'officially' available online and was copied from the invites circulated via Facebook.

Thank to Ken Go for the heads up.

Related links:
Southern Reflections at DPP Forum
My Photo is on a Billboard, But...
Ayala Westgrove Heights Photography Contest

Tuesday, May 26, 2009

BF Gets it Done Photo Contest

It seem that some organizers of photo contests looks so lowly of photographers and perhaps looks at them as if they're a bunch of kids wanting some attention - only to win an unidentified gadget package and some limited edition pink urinal pen holders! Read the mechanics below and you be the judge..

Team Bayani Fernando invites all professional and amateur photographers to join the BF GETS IT DONE Photo Contest!

Simply capture a photo from anywhere in the Philippines where Chairman Bayani Fernando was able to improve the situation of that area to join.

Contest Mechanics:

1. Participants must log on & register at www.bayanifernando.com.ph to join.

2. Photos MUST be taken from any area of the Philippines where a Bayani Fernando/MMDA project has been or is being implemented.

3. Duration of contest is from May 12, 2009 – May June 12, 2009.

4. Deadline for submission of entries is June 12, 2009.

5. All entries must be submitted with a title and an explanation on how the photo embodies “BF Gets it Done!”

6. A participant may submit multiple entries.

7. All entries submitted shall be considered property of www.bayanifernando.com.ph and may be used for future Bayani Fernando projects/campaigns.

8. By joining the contest, the photograph, in its entirety, must be a single work of original material taken by the participants. The entrant acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights and/or rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right to claim or interest in the photograph.

9. Entry Specifications:
a. Photo entry must have the following characteristics:
i. 800x600 pixels, 72 Dpi, JPEG format.
b. The text must have the following characteristics:
i. Title: Max. 50 characters.
ii. Narrative: Max. 500 characters.
c. Filenames of entries for submission must be in the following format:
i. Filename format: last name.first name.date of submission in MMDDYY format (Ex. DelaCruz.Juan.050109)

10. Criteria for Judging:
25% - Relevance to theme
25% - Composition / Impact
25% - Technical Excellence
25% - Creativity
100% - TOTAL

Participants are granted:
1. The opportunity to compete for the gadget package grand prize donated by the friends of the Chairman!
2. To receive a limited edition MMDA Urinal penholder. (For Top 10 Entries.)
3. The right to have their name appear next to the photo, in the case of publication.
4. The chance to take part in any exhibition and have the photos published in a final photo book.

Tagalog and English are the official languages of the initiative in terms of rules and regulations.

Note: You need to register in order to read/download the contest mechanics.

Saturday, May 2, 2009

Copyright? What Copyright?

Gloved and hunched over scanners, librarians from some of the biggest libraries in the world have spent the last five years digitising each and every page of millions of books — five million of them still under copyright.

They did it to democratise information, they said, to preserve the corpus of human knowledge for generations to come. They did it without permission from the copyright holders.

They did it for Google. Or, more specifically, for the Google Books Library Project, a virtual database containing the scanned pages of millions of the world's books.

Originally, back in 2004, the partnership between Google and America's great libraries was conceived to digitise the 15 per cent of library books that were in the public domain — golden oldies like Wuthering Heights and David Copperfield. In America (and Australia, thanks to the Fair Trade Agreement), a book enters the public domain 70 years after the author's death (in Australia it used to be 50), or if it was published prior to 1 January 1923.

That left 85 per cent of library books unscanned — 10 per cent of which are still in print and on bookstore shelves, and the remainder of which are "orphans" (books out of print but still in copyright). But because Google are uppity little nerds who consider the world as theirs to metatag, they decided to scan them all, regardless of legal status.

Arm-in-arm with librarians, Google declared they would have 15 million books digitised in under a decade. In other words, almost half of the 32 million books that humans have published.

Using the Elphel 323 — a digital camera that can scan 1000 pages per hour — librarians and Google began to scan the full texts of every book in five major university and public libraries: Stanford, Harvard, Oxford, the University of Michigan and the New York Public Library. Google archived the entire text of each book, indexing it to be responsive to search requests. Users got a few lines of text as their search result — a "snippet" — which Google claimed was "fair use", the same way a review might quote a few lines of a film or book.

Continue reading at newmatilda.com

Relevant links:
A Photo Editor

Monday, March 16, 2009

Victory Liner/ YKL Color-FujiFilm Photo Contest

Victory Liner/ YKL Color-FujiFilm Photo Contest
Submission of entries: February 1 to April 30, 2009

Please note the following:
  • Organizers and sponsors will have exclusive use of winning entries no more than 2 years.
  • Owners of the top 100 entries shall allow Victory Liner free use of the photos to publish or display without permission or payment of any kind for a maximum of 2 years. The photographer will be acknowledge every time the photo is used (item13).
  • The photograph, in its entirety, must be a single work of original material taken by the participants. By entering the Contest, entrant represents, acknowledges, and warrants that the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights and/or rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, tittle, claim, or interest in the photograph.
  • The photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit or otherwise objectionable and/or inappropriate content. Photographs that include sculptures, statues, paintings, and other works of art will be accepted as long as they do not constitute copyright infringement or fraud; provided entrants are prepared to provide a “release form.” When photographing the work of others, it must be as an object in its environment, and not a full-frame close-up of another person's art. All entries must not, and should not, have been entered into any other photo contest.
See mechanics here.

Friday, March 13, 2009

2009 FORMULA 1™ SingTel Singapore Grand Prix Online Photo Contest

2009 FORMULA 1™ SingTel Singapore Grand Prix Online Photo Contest TOC states:

All entries submitted for the Contest, including all photographs and images submitted, will be the sole property of the Organiser and will not be returned. - (No. 15)

16. The entire right, title and interest (including intellectual property rights) in and to your entry (whether or not prize winning) and all materials submitted with your entry, and in and to all works based upon, derived from, or incorporating your entry or any part thereof shall vest exclusively in SGP, its successors and assigns...SGP shall be entitled, without further reference to you, to exercise all intellectual property rights in your entry, including the use, adaptation, modification, reproduction, translation, exhibition, publication, display and archival of your entry or any part thereof in any context and with or without other material, in any medium now known or hereafter devised, whether or not for profit, for the full period of protection arising pursuant to the laws in force in any part of the world including all renewals reversions and extensions and to authorise others to do the same. In no event shall the Organiser be required to use any entry, whether in whole or in part. - (No. 16)

Its a bit confusing too, especially the last line of item 16.

Read 2009 FORMULA 1™ SingTel Singapore Grand Prix Online Photo Contest TOC here.

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