Is this a limited or unlimited use license?

<p>Hello -- I was contacted by a production company to use one of my photos in a television show. The company offered a small fee, which I am fine with. The company also said I would maintain ownership over the photo and that they only wanted to use it for the show. They sent me an agreement, which is hopefully attached to this post. (I have redacted the company's name, address, and show title.) All of this conversation has taken place over email.<br>

My problem with this agreement is that seems to grant complete control over the photo outside -- even outside of the show. The third paragraph, which begins with "The rights herein granted...," and first sentence in the fourth paragraph, which begins "Producer shall have...," are the most troubling. This language is outlined in a box. Any opinions on whether I should strike this language if I want to maintain control of the photo outside of the show? Thanks.<br>

<img src="http://i761.photobucket.com/albums/xx252/roughnready68/img001.jpg" alt="" width="745" height="1024" /><br>

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<p>That is some pretty broad language. But of course they're covering their rears so that the show (which will include the image) can be displayed on a variety of media, streamed online, displayed on the side of future video-enabled pet animals, projected directly into the brain, or other things <em>they can't currently spell out</em>. They don't want to suddenly have to start owing you royalties because their show gets distributed or re-run in the future in some un-anticipated way. I am a caveman, not a lawyer, etc.</p>

<p>My interpretation: </p>

<p>The primary agreement is: " ... right to use ... in connection with the production ... "</p>

<p>The part you are worried about does not override the primary agreement, it says "pursuant to this agreement"</p>

<p>I think you are OK, I wouldn't try to modify the contract.</p>

<p>(I am not a lawyer, I only watch them on TV)</p>

<p>I t'ink probably OK too, but I yam a Swede.</p>

<p>I would NEVER sign that agreement for a "small fee".</p>

<p>It is totally ambiguous and certainly does not mean "<strong>that they only wanted to use it for the show."</strong><br>

Also it is an an "all-time" license rather than time limited.</p>

<p>It gives the producer the right to use it for anything whatsoever for all time.</p>

<p>If you grant that license then the shot is effectively theirs (the producers) for any purpose whatsoever.<br>

Definitely strike out the Producers portion and also I would produce a more specific license giving them a a license for use on the programme only (which is what they say it is for).<br>

If they plan on using it for anything else then they should say so so that you can amend your pricing accordingly.</p>

<p>If they baulk at any amendments then change the "small fee" to a LARGE fee.</p>

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<p>If they baulk at any amendments then change the "small fee" to a LARGE fee.</p>

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<p>At which point they will direct their small fee towards someone else.</p>

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<p>At which point they will direct their small fee towards someone else.</p>

 

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<p>At which point you breathe a deep sigh of relief as it was not worth doing business with them in the first place.</p>

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<p>I also had a request to let what appears to be this same show use an image (the wording of the contract is identical, so I'm assuming it's at least the same producer, anyway). I my case, the image contained my name, as it was an exhibition poster, so I considered it free publicity if they used it elsewhere, too. If you want to restrict usage further, and they really want the image, you can ask them to put in a sentence restricting use to that particular show. Really, if they just deleted "manner" from the above, then it is restricted to the use of any media, rather than any manner and media.<br>

But I'm not a lawyer either, and I don't even watch them on TV.</p>