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#1 Alex_Tattersall

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Posted 20 April 2010 - 11:53 AM

SMithsonian museum sent me an email saying they want to use my photo in a half hour TV programme about the Smithsonian competition. Honoured, yes, but they also sent me this 'materials release form' to sign. Would you sign this? Seems like I'd be signing over the rights to the image forever for them to do whatever they want.

Can you help?



By signing below and in exchange for good and valuable promotional consideration, receipt and sufficiency of which are hereby acknowledged, Licensor grants to SNI/SI Networks, L.L.C. (“Smithsonian Networks”), its agents, successors, licensees and assigns the non-exclusive, unencumbered and irrevocable right, but not the obligation, to use all or part of the Material in and in connection with all versions of the Program, clips of the Program, other programs, the advertising and promotion of the Program, and in any institutional advertising and promotion in all markets and media (whether now known or hereafter devised), throughout the universe, and in perpetuity. Licensor warrants that Licensor is the sole copyright owner of such Material and has the sole right and authority to grant this permission and that Smithsonian Networks may use the Material without further payment to, or being in violation of the rights of, any third party. Licensor shall indemnify Smithsonian Networks, its parents, subsidiaries and affiliated entities, successors, licensees, and assigns and the respective officers, directors, agents and employees of same from and against all claims, liabilities and demands, actions, costs and expenses (including attorney’s fees) arising out of Smithsonian Networks’ use of the Materials as provided herein, and for any breach of Licensor’s representations or warranties. Licensor agrees that Licensor’s sole remedy in the event of any breach of this license or otherwise shall be an action at law for damages, and Licensor hereby waives any right to seek and/or obtain equitable relief. This agreement constitutes the final and complete agreement between the parties. Any amendment to this agreement shall be in writing and shall be executed by an authorized representative of each party. To be effective, any proposed amendment made on this agreement through hand-written note(s), pre-printed stamp, or similar means must be specifically acknowledged by the initials of an authorized representative of each party. Purchase orders, invoices, or similar documents issued by Licensor shall not modify, amend, or supplement this agreement. A signed copy of this agreement delivered by facsimile or email shall be binding as though an originally signed copy had been delivered in person.
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#2 cor

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Posted 20 April 2010 - 02:12 PM

..."throughout the universe"..

they are thorough :D Never know when our intergalactic overlords finally step forwards.
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#3 photovan

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Posted 20 April 2010 - 02:54 PM

..."throughout the universe"..
...they are thorough :D ...

they are the Smithsonian... streaming video out into space?

The agreement speaks about using the image in the Program, and its promotional materials, not in saleable product (other than the Program I guess). So you are not giving away all your rights, and they are not seeking exclusivity, but they could use the image forever.

Are they paying?

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#4 Alex_Tattersall

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Posted 20 April 2010 - 10:58 PM

I liked the 'throughout the universe', no payment mentioned, maybe I should go back and request some $$
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#5 decosnapper

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Posted 27 April 2010 - 11:17 AM

I liked the 'throughout the universe', no payment mentioned, maybe I should go back and request some $$


I think everything they expect to "pay" is in the first line.......

"By signing below and in exchange for good and valuable promotional consideration"

In other words, they get to use your work for nothing and you get to bask in the glory. If anything goes wrong (the fish didn't sign a model release....or someone else turns up claiming copyright) then the liability for their losses are down to you.

Broadcast flash fees are financially valuable. It's down to you to decide if the promotion is worthy exchange for the use. They say promotion is valuable. But so is money AND promotion.......that's even better. Every time a magazine runs a feature the photographer earns money and gets valuable promotion - a double benefit that somehow bypasses those who give their work away for nothing.

It is also worthwhile bearing in mind that the person who wrote the contract was almost certainly paid, so the Smithsonian has money for professional services......but does that extend to photographic services?

Personally, I would ask for money. If they decline then you know where you stand in absolute terms. First rule of negotiation; get the client to name their price first........

Good luck.
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