Music contracts

the_doctor199

the_doctor199

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I pasted a contract I recieved last year into another thread, thought it deserved it's own thread though as it's a bit of a joke, looking forward to hearing your thoughts on it..

Bullet for my Valentine / Funeral for a friend and Fightstar use this one..
"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 and/or the Artist the exclusive right to exploit the Photographs throughout the world in perpetuity in any manner without any further payment to you.

4. You agree to indemnify and hold us and/or the Artist and/or 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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Hawkwind (Probably the funniest contract of them all!)

http://farm4.static.flickr.com/3189/3114599228_449c73bbc1_b.jpg

Glasvegas (Image too big to paste into thread)

http://i34.tinypic.com/n7198p.jpg

Cheap Trick
This will confirm that Cheap Trick Unlimited has granted ______________ (“Photographer”) the right to use the photograph(s) to be taken by Photographer on _____ (the “Photo Date”) for _______. In no event may the Photograph(s) appear in any other publication or media or internet website or internet webzine or in any other issue of the Publication nor can the photographs be sold, and this release expressly precludes any such use.

In no event may the name or likeness of Cheap Trick (or any individual member thereof) be used in connection with the advertising or promotion of any publication, any merchandising, publishing or commercial tie-ups, or the direct or indirect endorsement of any product or service.

Cheap Trick Unlimited makes no representation, warranty or agreement with respect to the Photograph(s). Photographer shall obtain (or cause the Publication to obtain) all necessary third-party consents, waivers and approvals with respect to the use of the Photograph(s) and shall timely pay all obligations which may become due as the result of such use of the Photograph(s).

Photographer hereby agrees to indemnify Cheap Trick Unlimited, Cheap Trick (and each individual member thereof), its management and other agents and representatives (the "Indemnified Parties") against any claims, losses or damages suffered by the Indemnified Parties as a result of any unauthorized use of the Photograph(s) or any breach by Photographer of this agreement.

Photographer may not assign this release or any of its rights hereunder without first obtaining the prior written approval of Cheap Trick Unlimited.

Photographer hereby acknowledges and agrees that the Photographs to be used hereunder are subject to the prior approval of Cheap Trick. In addition, in consideration for the rights being granted to Photographer hereunder, Photographer agrees to provide, at no charge, to Cheap Trick Unlimited, duplicate negatives and/or transparencies (as designated by Cheap Trick Unlimited of the Photograph(s)). Cheap Trick Unlimited shall have the right to use the Photograph(s) for any and all commercial and non-commercial purposes whatsoever relating to Cheap Trick and Cheap Trick’s activities and Cheap Trick Unlimited shall have no obligation to make any payment to Photographer, the Publication or any other third party in connection with any of such uses.
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Mars Volta (I think the Foo Fighters also use this contract, if it's not the same it's almost identical)
1. I have the limited right and permission to use certain Photos that have been approved by you solely in connection with one (1) article about you contained in ________________________________
[State name of publication].
The Photos may be used only in an article, publication or other medium initially disseminated to the public within one year of the date of this agreement. I shall have no right to otherwise use or re-use the Photos in whole or in part, in any medium or for any purpose whatsoever, including, without limitation, promotion, advertising, and trade, without your written consent therefor.

2. I hereby acknowledge that you shall own all rights in the Photos, including the copyrights therein and thereto, and accordingly, I hereby grant, transfer, convey and assign to you all right, title and interest throughout the universe in perpetuity, including, without limitation, the copyright (and all renewals and extensions thereof), in and to the Photos. I agree that you shall have the right to exploit all or a part of the Photos in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as you determine, without obtaining my consent and without any payment or consideration therefor. I understand that you will give me appropriate "photo credit" where possible. I understand further that all aspects of said "photo credit" shall be determined by you in your sole discretion and that failure to accord said "photo credit" shall not be deemed a breach of any obligation, express or implied. I further grant to you the right to use my name, likeness and biographical data in connection with the distribution, exhibition, advertising and exploitation of the Photos. I will, upon request, execute, acknowledge and deliver to you such additional documents as you may deem necessary to evidence and effectuate your rights hereunder, and I hereby grant to you the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if I shall fail to execute same within five (5) days after so requested by you.

3. You may assign my rights under this agreement in whole or in part.

4. I hereby waive all rights of droit moral or "moral right of authors" or any similar rights or principles of law which I may now have or later have in the Photos. I warrant and represent that I have the right to execute this Certificate and that the Photos are and shall be new and original with me and shall be capable of copyright protection throughout the universe, that they do not and shall not violate or infringe upon any common law or statutory right of any party, or constitute unfair competition and are not now and shall not be the subject of any litigation. I shall indemnify and hold you, and your employees, officers, agents, assignees and licensees, harmless from and against any losses, costs, liabilities, claims, damages or expenses arising out of any claim by a third party which is inconsistent with any warranty or representation made by me in this Certificate.

5. This Certificate contains the entire understanding of the parties and will be governed by the laws of California in the United States of America applicable to contracts entered into in California in the United States of America.
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Really is a bit of a joke isn't it! But they know they can get away with it! The first sticks out most to me (mainly because I just don't get the technical jargon in the others), where it says you HAVE to give them a copy of the photos if they ask for it! That would make me pretty damn angry!

Having said that, I suppose you could always re-size all of the images to 30x20 pixels, and say you left the camera in the wrong mode (like they're going to know) :D. Give them a CD full of stamp-sized photos, that way it'll be easier to shove them up their....... well you get the point! ;)

Chris
 
the_doctor199 said:
Just edited the original post and added a contract I seen for Hawkwind a few months ago.
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Oooh, that's pretty shameless! "These will be sent...at the highest possible resolution (12 megapixels minimum)". So a pro using a 1D mk2 (8MP) for example would be unable to fulfil the contract! Ah well, re-size to postage stamp size, then re-enlarge to 4000x3000 or whatever, that'll give them some lovely pixelated mess!

Chris
 
As I work in a Rock NightClub that has only just opened we havn't got any big bands in yet

But as i'm working for the venue. Will those contracts apply to me?
 
No because we've got big bands lined up. but as im working for the venue will it apply to me.
 
DropDead said:
No because we've got big bands lined up. but as im working for the venue will it apply to me.
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Getcha now! yep, if the band has a contract it will apply to everyone shooting them. All contracts aren't like these though, the majority are reasonable, they just state that the photos are going to be used in { Name of Publication } and that's it, I just thought everyone should see the kind of crappy contracts ive to sign!
 
Interesting stuff !

The Hawkwind one surprised me , I thought with their apparent ethics it would be a lot different , obviously not !

good thread
 
Interesting.. I've not been asked to sign anything yet, even though I've shot some pretty big bands. Luck I guess. When they're asking for a specific publication does that mean they don't want agency photographers there at all?
 
iammartin said:
Interesting.. I've not been asked to sign anything yet, even though I've shot some pretty big bands. Luck I guess. When they're asking for a specific publication does that mean they don't want agency photographers there at all?
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I would have thought this as well when i first started out, but i often shoot for an agency so i just write their name in, their management has approved me so it's up to them
 
the_doctor199 said:
I would have thought this as well when i first started out, but i often shoot for an agency so i just write their name in, their management has approved me so it's up to them
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Yeah, that seems to make sense. I eagerly await my first overly restrictive contract.
 
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