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kneeshooterMight go and see Funeral For A Friend (and friends) tonight. I was working through it with the press people and then got sent the photo release...
I'd be interested in the legal basis of this (especially as no-one in similar circumstances has ever been given a pound) but it's frankly hilarious:
This letter (“this Agreement”), when signed by you, shall form the agreement between you and us for the mutual benefit of you, us and the Artist, to photograph the above-mentioned artist (“the Artist”) on the terms below mentioned.
1. In consideration of the payment by us to you of the sum of £1 (one pound) (the receipt and sufficiency of which you hereby acknowledge) and in consideration of us allowing you access to the Artist only for the purposes of taking a photograph or photographs of the Artist at the Venue on the Date of Photography (“the Photographs”) you warrant represent and undertake:
1.1 that the Photographs will be reproduced only in the ……………………………… issue of the Authorised Publication / Website;
1.2 that you will not allow any person, firm or company to reproduce the Photographs assign or license the intellectual property rights and any other rights, save as is prescribed in paragraph 1, above without our prior written consent.
1.3 that save for the permitted exploitation referred to in clause 1.1 above you will not exploit the Photographs in any manner without our prior written approval;
1.4 that you have or will bind the proprietors of Authorised Publication / Website and their agents to the terms of paragraph 1.2
above in writing;
1.5 that following our request you shall provide us with 1 (one) copy of each of the Photographs in such format as we shall request.
2. You hereby agree that as between you and us and the Artist you hereby seek not to enforce any of your moral rights as author of the Photographs within the meaning of Chapter IV Copyright Designs and Patents Act 1988. Notwithstanding the foregoing we hereby agree to use our reasonable endeavours to procure that you are credited as the creator of the Photograph(s) provided always that our
failure to do so shall not constitute a breach of this Agreement.
3. You grant to us the exclusive right to exploit the Photographs in any manner without any payment to you.
4. You agree to indemnify and hold us and the Artist and his/her agents harmless from and against all actions, claims, demands and costs suffered or incurred by them as a result of a breach by you of any term of this release form.
5. This Agreement shall be subject to the laws of England and the parties hereto submit to the exclusive jurisdiction of the English courts.
I'd be interested in the legal basis of this (especially as no-one in similar circumstances has ever been given a pound) but it's frankly hilarious:
This letter (“this Agreement”), when signed by you, shall form the agreement between you and us for the mutual benefit of you, us and the Artist, to photograph the above-mentioned artist (“the Artist”) on the terms below mentioned.
1. In consideration of the payment by us to you of the sum of £1 (one pound) (the receipt and sufficiency of which you hereby acknowledge) and in consideration of us allowing you access to the Artist only for the purposes of taking a photograph or photographs of the Artist at the Venue on the Date of Photography (“the Photographs”) you warrant represent and undertake:
1.1 that the Photographs will be reproduced only in the ……………………………… issue of the Authorised Publication / Website;
1.2 that you will not allow any person, firm or company to reproduce the Photographs assign or license the intellectual property rights and any other rights, save as is prescribed in paragraph 1, above without our prior written consent.
1.3 that save for the permitted exploitation referred to in clause 1.1 above you will not exploit the Photographs in any manner without our prior written approval;
1.4 that you have or will bind the proprietors of Authorised Publication / Website and their agents to the terms of paragraph 1.2
above in writing;
1.5 that following our request you shall provide us with 1 (one) copy of each of the Photographs in such format as we shall request.
2. You hereby agree that as between you and us and the Artist you hereby seek not to enforce any of your moral rights as author of the Photographs within the meaning of Chapter IV Copyright Designs and Patents Act 1988. Notwithstanding the foregoing we hereby agree to use our reasonable endeavours to procure that you are credited as the creator of the Photograph(s) provided always that our
failure to do so shall not constitute a breach of this Agreement.
3. You grant to us the exclusive right to exploit the Photographs in any manner without any payment to you.
4. You agree to indemnify and hold us and the Artist and his/her agents harmless from and against all actions, claims, demands and costs suffered or incurred by them as a result of a breach by you of any term of this release form.
5. This Agreement shall be subject to the laws of England and the parties hereto submit to the exclusive jurisdiction of the English courts.
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no subject
Date: 2005-11-09 07:45 pm (UTC)The exchange of money is what makes it a contract. I pay you money, you give me services/stuff. It's just like any other binding contract. The amount of money is irrelevant; it's just what binds it. If you ignore it and don't sign it you may still be bound by it by implicit acceptance if you take photos. I'd send it back with my own amendments and point out clearly where amendments to the suggested terms have been made. If you want to photograph 'The Artist' then it would seem you need to start negotiating.