Creators' Rights Alliance - Between a rock and a hard place - Appendix 1: Example model contracts
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Contract for photographers

An agreement made this [...] day of [...] 200/[...]

Between [...] of [...]

Hereinafter called the 'Photographer' which expression shall, where the context admits, includes the Photographer's executors, administrators and assigns. {NB for collections of illustrations the 'Photographer' shall be altered to the 'Proprietor'}.

And [...]

Hereinafter called the 'Agent' which expression shall, where the context admits, includes the Agent's executors, administrators and assigns or successors in business.

Whereby it is mutually agreed between the parties hereto as follows:

The material:

1. The Photographer has created original photographs in b/w and colour consisting of approximately [...] exposures as set out in Schedule A attached hereto and hereinafter referred to as the 'material'.

Delivery & Property:

2. The Photographer undertakes to deliver the material, correctly and properly captioned, on the signing by both parties of the Agreement.

The Agent undertakes to ensure that proper care will be taken of the material and to insure the replacement value of the material against any loss or damage however caused.

Warranty:

3. The Photographer hereby warrants to the Agent that the material is his original work, that he has not entered into any agreement in respect of the material which would adversely affect the rights grants other than arrangements and restrictions specifically noted to the Agent, that he owns the copyright of the material, that he holds appropriate consents from copyright material, e.g. paintings, that a model release is available unless stated to the contrary and that he has the full power to expense occasioned to the Agent in consequence of any breach of this warranty.

3a. The Agency hereby warrants that it is a member of BAPLA, subscribing to its Code of Conduct for Members and will use every endeavour to sell the material at the best obtainable prices.

4. The Photographer undertakes not to assign, licences of otherwise dispose of the copyright in the material and undertakes not to license, assign or dispose of any interest in other photographs which for any reason may cause confusion or which may derogate from the rights grants by this Agreement, without permission of the Agency. This undertaking is limited to the term of the Agreement.

Rights and Assignment {delete whichever is inapplicable}

5. In consideration of the payments hereinafter mentioned the Photographer hereby grants to the Agency the exclusive right to license the reproduction of the material for the term of this Agreement throughout the world / in the territories listed below.

Payments {delete whichever is inapplicable}

6. The Agency's rate of commission shall be [...] per centum ([...] %) of all monies received by the Agency as revenues including compensation for loss, earned by the material placed with the Agency by the Photographer. The Agency will settle with the Photographer quarterly/monthly in respect of all relevant paid-up accounts.

Audit

7. The Photographer shall have the right, upon written request, to appoint an auditor to examine the account books of the Agent insofar as they relate to the sales of his own material. This audit will be at his own expense; should an error in excess of 10% of sums due be discovered as a consequence of such an audit, the Agency will pay the fees.

Competing work & Option {delete a or b if inapplicable}

8a. During the continuance of this Agreement the Photographer will give the agent a first option on any other photographs in which he holds the copyright (other than commissioned photographs or photographs for the personal use of the Photographer).

8b. Any photographs given by the Photographer to the Agent will be on the same terms as this as this Agreement subject always to the provisions of Clause 3 & 4 above unless agreed otherwise in writing.

Term

9. Any photographs deposited with the Agency by the Photographer will be retained by the Agency for a minimum period of 36 months from the date of their deposit. Thereafter either party may give twelve months written notice of termination. Termination shall not prejudice licensing agreements then extant nor negotiations which the Agent has properly entered into with any third party. On and from the date of termination no further licenses shall be granted. The material shall be returned to the Photographer as soon as possible after termination and in any case all reasonable endeavours will be made to return the material within 12 months.

Agreement

10. This Agreement constitutes the entire undertaking of the parties hereto and may not be amended, changed, altered, varied or otherwise modified except by an instrument in writing signed by both parties.

Arbitration

11. If any dispute shall arise between the Photographer and the Agent out of or in connection with or in relation to this Agreement, the matter should be left to be resolved by the courts.

Law

12. This Agreement shall be governed by and interpreted in all respects in accordance with the Law of England.

As witness the hands of the parties

 

Signed:

[...] (For the Agent)

[...] (For the Photographer)

{Attach Schedule A detailing the job}

 

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