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right to use image - BNTM

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  #1  
Old 11-11-2011, 08:34 AM
P_fuzz P_fuzz is offline
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right to use image - BNTM

the TV show Britain's Next Top Model wants to use some photos I did of one of their runner up models...

their license of existing material is quite outrageous... but I wonder if is industry standard... and to be honest I wonder if is even worth getting this pics on the TV show

anybody here have any experience with that sort of issue?

Quote:
We write to confirm our agreement as follows:-

1- For the purposes of this letter, the “Material" means the still photographs provided by you of Joy McLaren.

2- You hereby grant to us and persons authorised by us the non-exclusive right, by all means and in all media
whether now known or hereafter discovered or developed, to record, reproduce, broadcast, transmit,
perform and exploit throughout the world all or part of the Material for and/or in connection with the
production, exploitation, promotion and/or advertising of the Programme for the entire period of copyright
in the Material and all extensions, reversions, revivals and renewals thereof, and thereafter, insofar as you
are able, in perpetuity.

3- You warrant that you are entitled to grant the rights referred to in paragraph 2 above to us and that the
exercise of such rights will not (a) infringe the copyright or any other personal or property rights of any
person or be in breach of any statute or regulation or (b) entitle any person to claim any payment from us
or from any of our licensees and that you have obtained all necessary consents from the persons appearing
in the Material to enable us to make and exploit the Programme by all means and in all media throughout
the world for the period referred to above.

[4- You agree to indemnify us against all and any costs, claims, expenses and liabilities (including, without
limitation, legal fees and any sums paid on the advice of Counsel) resulting from any breach by you of any
of the agreements and/or warranties on your part contained in this agreement.]

5- You will make available to us on request a high resolution copy of the material. We shall return the same
to you within 30 days of the completion and delivery of the Programme.

[6- In full consideration for all rights and benefits hereby granted we shall pay to you the sum of £1 on 9th
November 2011 (receipt of which is hereby acknowledged) provided that if we do not include the Material
in the Programme we shall have no liability to pay you the sum referred to in this paragraph.

7- We shall not be obliged to include the Material in the Programme. [If we do, you shall be credited as a
source of material in each copy of the Programme made by or to our order but not in any packaging or
promotional materials relating thereto. No inadvertent failure by us to comply with the provisions of this
paragraph and no failure of any third parties to accord you credit in accordance with this paragraph shall
constitute a breach of this agreement by us and in no event shall you be entitled to enjoin or restrain the
distribution or exhibition of or advertising or publicity for the Programme. We shall use our reasonable endeavours (short of commencing legal proceedings or incurring any material expense) to cure
prospectively any breach of this paragraph of which we receive written notice from you.]

8 -We shall be entitled to assign the benefit of this agreement to any third party but we shall remain liable to
you for all of our obligations under this agreement.

9- This agreement shall be governed by and construed under the laws of England and Wales.
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Old 11-11-2011, 08:42 AM
fraiseap fraiseap is offline
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Re: right to use image - BNTM

I hope you were paid handsomely for this. Interestingly the NUJ guide prices do not include usage license for "the period of copyright", only for single transmissions.

This may help

http://www.londonfreelance.org/feesg...ing&page=INDEX
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Old 11-11-2011, 08:44 AM
P_fuzz P_fuzz is offline
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Re: right to use image - BNTM

I have not signed it yet. I did the photoshoot as a favor for a friend's fashion label lookbook.
Now the TV wants to show this pictures and the friend is asking me to sign.

about getting paid handsomely... this could not be any further away from the truth! :-P
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Old 11-11-2011, 08:56 AM
fraiseap fraiseap is offline
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Re: right to use image - BNTM

In that case I would say you are being ripped off. BNTM makes a fortune out of selling the rights to this program. Is it true that they are paying £1 for this??????

It doesn't even look like you are going to get any free exposure and the indemnity clause looks dangerous.

I think I would suggest a fee per showing of the image and use the NUJ price of £85 for a showing of less than 4 seconds.

You may suggest an agreement on the following lines

http://www.londonfreelance.org/feesg...nt/telpic4.rtf

See what they say.
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Old 11-11-2011, 09:01 AM
P_fuzz P_fuzz is offline
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Re: right to use image - BNTM

thank you for your input mate.
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Old 11-11-2011, 09:30 AM
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mistermonday mistermonday is offline
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Re: right to use image - BNTM

Just a couple of inputs. If I read the agreement correctly, you are granting BNTM non exclusive rights. That means you are free to license any one else and distribute the photos as you like. That may be why you are only being paid 1 pound. As for the indemnification, that is pretty standard. That clause is there to protect BNTM in case the image is not really yours, or you do not have full rights to it, or because you did not get a signed model release, etc. In other words, if you did not do due diligence and some 3rd party has some claim to those photos, then you need to defend BNTM against that 3rd party . If you covered your bases, then you have nothing to worry about.
Regards, Murray
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Old 11-11-2011, 09:40 AM
P_fuzz P_fuzz is offline
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Re: right to use image - BNTM

thanks again... good point on the non exclusive rights!!

to be honest, I just would like to make sure credit will be given... and perhaps a link to website within their online material...
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