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Quick help with Stock Footage licensing contract

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#1 filmguy123


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Posted 24 June 2016 - 06:15 PM

I am licensing some footage shot by small business to another agency, and they have a form for me to sign. All looks good but I take issue with one part here and wanted to check in.
I don't need serious legal lawyer advice and want to flip this around ASAP, but if anyone with some experience here could provide some quick non-legal insight or advice:
"I, the undersigned, grant to [Their Client] (“Owner”) and [AGENCY] the right todistribute, transmit, publish, copy or otherwise exploit, either in whole or in part, for nonexclusive
usage the video and / or audio footage listed in this document. Usage may include
internal, PR, online, retail, non-broadcast, and new media usage and will include global usage
in perpetuity. I agree that I have the right to grant usage of this footage."
What is "new media usage" - this seems to indicate to me that I am granting the agency the right to reuse this footage in future edits for new clients, which I do not want to grant. From my experience, what is standard practice is to license the footage for a single client, single project.
I was also concerned about it listening their client as "the owner" of the footage instead of the licensee.
Thinking of rewording to "licensee" and removing new media usage with a line clarifying for "use on [PROJECT NAME]" and that my business remains the "owner" of the footage and the grantor.
Usually I have people sign my own form, I don't mind signing this and this is not a huge deal or concern to me on the footage but I do want to make sure I use the correct wording more in line with what is done on Pond5 or Shutterstock.
Any quick thoughts or help here?
Thank you!

#2 MikeVeitch


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Posted 25 June 2016 - 02:38 AM

New media should pretty much mean social media and online stuff I would think

I would definitely ask them to change the in perpetuity part and replace with something that states one project only

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#3 Tom_Kline


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Posted 25 June 2016 - 06:55 PM

New may refer to a new medium that has not yet been invented. In perpetuity is major league red flag. I would walk away from this - only use your own form. IMHO your contract must be explicit in the extreme that you are licensing for one use only - this does the opposite.

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#4 katy-kid



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Posted 07 July 2016 - 03:00 PM

Hey filmguy, I'm going through this process right now but with the photo side of things, and some other things to look out for are (obviously) exclusive rights, anytime the words 'freely assigned' are mentioned, (which means if the agency goes belly-up, they can sell your work to a new agency with no prior notification or consent from you), and it's very important to note how you will be able to document your usages. So, in the contract I'm looking at currently, there is no mention of sales reporting and it also says I am required to send them an invoice before I can get paid, (which seems strange to me??). Anywho, not sure if this helps or not, these may be things you already know about. Good luck!

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