Editorial usage rights

<p>Hi,</p>

<p>I wonder if you could help me with my query? <br>

Recently we had a fashion shoot, the resulting images are to be used to promote an event held by our magazine. Quotes were originally given by the photographer and model agents for 1 insertion x 1 month usage in 1 title. Following the shoot a third party has become involved who would like to use the images in their promotion within the same title during the dates previously stipulated including our trademark event logo. <br>

This is great for us to further promote the event but what is the deal in regards to usage? Is the third party expected to pay an extra fee to the photographer and model agencies? Or as the images are going to be used with the trademark event logo in the same title within the same time period are we covered already?<br>

Please advise<br>

Thanks</p>

 

<p>Unless you have language in the contract to cover third party usage ... the third party would have to pay a fee. According to your statement, the contract is 1 insertion for 1 month in 1 title by your organization. That does not appear to cover another insertion by a third party.</p>

<p>Best advice, talk to a lawyer about what the contract allows.</p>

I would add that maybe the third party could talk directly to the photographer and work something out.

<p>Their proposed usage is not editorial, and they are not your publication. It is for advertising /marketing materials for them. So yes, the third party, (is it one of your advertisers?) should contract separately with the photographer for this additional usage. </p>

<p>If I read your post correctly, you are licensed to use the images for the one issue. I typically give the magazines a thirty day period before licensing the images for other uses. The photographer is free to license the images whether for Advertising or anything else. He or she would need to secure a Model Release and negotiate a possible fee through their Agency. The Third Party would need to contact the photographer to use the images.</p>