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Contract: Lost for words


alice_guy

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This may seem very simple, but I'm up late and my mind has gone blank

trying to put the finishing touches to a contract required by a client

tommmorrow.

 

I have recently shot some documentary photographs of musicians to be

featured in the sleeve of a cd. while i'm fairly sure the release is

going to be cd only I'm trying to write in a description other than cd

that covers me for it being released electronicaly [mp3 etc] and also

a short run on vinyl. The license to use the images is limited to the

initial pressing run of 5,000 copies. I am tempted to write this as...

 

"For the following amount: Five thousand units only."

 

I'm not quite sure that "units" is the correct term to use?

Obviousley, getting this correct is important concerning my future

legal standing for further licensing over this amount.

 

I'm sure something will spring to mind any moment but as you might

guess I'm up too late and trying to meet deadlines.

 

Any insight, wisdom and help would be greatly appreciated.

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You could put a figure into the contract:

 

 

Five thousand and two (5,002) images through the 30th of June 2005, thereafter another "useage" fee will be established. (The printing company may need to run a proof or two before going final on the CD jacket.)

 

 

 

But a lawyer is better qualified to answer your question....

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Thanks Gerald.

 

The only problem would be that they're creating a montage from multiple supplied photographs so there could be up to 43 images within the finished piece. They won't know how many until it's finished. I could hold out on the contract until the specifics are all known but feel it may jeopardise me if things go off course, and will also make them less likely to pay up for another month or two.

 

I have various books for reference including the recently aquired "Business and Legal Forms for Photographers" by Tad Crawford, but most of the literature I've managed to find has been geared towards American legal terminology and law. As an aside, if anyone has any recommendations of any photography specific legal and contractual books with a U.K. leaning I'd really appreciate recommendations too.

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You are welcome.

 

 

 

In the U.S., a contract has to have agreement between the two parties, along with terms of use or payment. Most U.S. law has been taken from U.K. law over the years, so it would not be good to leave a blank line in any contract for "data" to added later.

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I think I've managed to assertain that a "unit" is the correct term for each piece created of product ie. 1 CD or 1 record. I am hoping that this will also be sufficient if "the product" is sold electronically. I may well be wrong. There's not much concise information about, [even in books] concerning electronic distribution and the internet, largely due to the fact that it's a relativley new and still changing medium.

 

Feel free to correct me if anyone knows this to be otherwise.

 

Thanks again for your help and advice.

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