# What  do you think of this contract?



## acparsons (Sep 10, 2016)

I'm submitting photos to be published in a book, no pay on their end as I'm getting benefits for publishing on another end. Any issues with this contract, eg. the bold part at the end. 


*CONTRIBUTOR’S RELEASE FORM*

In consideration of the use of my photography for the book, _C______________________, to be authored by J____________ and published by _________________ Ltd, on behalf of themselves, their successors in business and assigns, license to use the photographs submitted to the editors for use in the above mentioned Work.


I hereby grant _________________Ltd the license to use, edit and publish the photographs (the “Material”) without compensation to me. 

I retain the copyright to the Material submitted and agree that_________________Ltd shall have the right to make use of the Material as it wishes in the Work, including the right of publication, reproduction and distribution in all media, including advertising/promotion in regards to solely the Work and the author, _________________.

Credit of the photographer’s name will be given in the copyright page of the above mentioned Work.

I hereby release, discharge and agree to save harmless _________________ Ltd, upon the terms herewith stated, I hereby give to M_________________ Ltd, its affiliates, components, employees, sponsors, agents and assigns of the foregoing, *from any liability or claimed liability in connection with the aforementioned use of the Material.*


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## Designer (Sep 10, 2016)

Why is that clause included?  What liability?


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## tirediron (Sep 10, 2016)

Is the original language of this English?  

In para two, it should read, "I hereby grant _________________Ltd the _*non-exclusive* _license to use..."

The "without compensation to me" clause needs to be changed to reflect the other consideration(s) you've been promised, otherwise you can be left out in the cold.

I don't understand the point of the last para


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## KmH (Sep 10, 2016)

It is not a release form, it is a use license.
Instead of I, the document should use your name.
I would say  "(your name here) retains copyright and all other rights to the material submitted . . . "

As an aspiring professional photographer, how do you justify from a business perspective giving away most of the value of your work?


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## vintagesnaps (Sep 10, 2016)

Don't work for free - the books being published, right? someone is going to be selling this book, right?? and making money from it?

You need a specific time frame/first publication run, etc. not something this open ended. This seems to allow someone to use your photos from now til doomsday and you never get a cent. What if this makes money and they do a second edition, or a third, etc.?

Get on http://asmp.org or try PPA and look up contracts, and licensing, etc. etc. etc. There's a lot to learn and you'll need to do some research and reading on what to do and how to do this.


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## astroNikon (Sep 10, 2016)

liability for papercuts from the book's pages ...


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## tirediron (Sep 10, 2016)

vintagesnaps said:


> Don't work for free - the books being published, right? someone is going to be selling this book, right?? and making money from it?
> 
> You need a specific time frame/first publication run, etc. not something this open ended. This seems to allow someone to use your photos from now til doomsday and you never get a cent. What if this makes money and they do a second edition, or a third, etc.?
> 
> Get on http://asmp.org or try PPA and look up contracts, and licensing, etc. etc. etc. There's a lot to learn and you'll need to do some research and reading on what to do and how to do this.


Don't forget the OP is in South Korea, so the rules are likely different.  If he's been promised other considerations in exchange for the use of the image, that's fair, but it needs to be spelled out.  I agree, as-is, the contract reads to me like a license to steal for the other side.


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## astroNikon (Sep 10, 2016)

fyi, It removes the publisher's liability just in case the submitter's photos aren't their own and is an infringement of someone else's work.  So, someone can't "technically" sue the publisher, though they probably would anyways as it could probably easily be proven the publisher didn't do enough due diligence.

... my best guess.


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## acparsons (Sep 13, 2016)

Thank you all for the tips and advice.


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## table1349 (Sep 13, 2016)

Rumor has it they have lawyers in South Korea.  What does you lawyer say???


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## acparsons (Sep 14, 2016)

gryphonslair99 said:


> Rumor has it they have lawyers in South Korea.  What does you lawyer say???



  It's difficult, it's not a Korean publisher.


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