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Old 09-28-2011, 06:45 PM
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Join Date: Sep 2010
Location: Ottawa, Ontario
Posts: 23
Question Contract question

I have a quick question about a photography contract I'm looking at. I have personally made a few modifications, but this is the gist of it (I have XXX'd out the parts that are specific names)

XXXXXXXX shall hold all rights of all photography provided by the photographer for their own purpose, this may include but is not limited to: printed material, newspaper advertising, newspaper features, commemorative frames, web usage, in whole or in part of any “XXXXXXX” activities.

Photographer will receive credit on pictures used on the web and in print (newspaper and/or magazine). Photographer is not to sell any of the photography without the written consent of XXXXX. Photographer shares the rights of all photos but only for use in any non-commercial products/materials or for self-marketing purposes.


My question lies here. Recently the company has asked me if a third-party could use my photo in an advertising situation. I have yet to get confirmation if the company I have the agreement with is being compensated (if they are, I will be demanding my share based on the second paragraph stating I share the rights of all photos), but I am also demanding that I have photographic credit for the advertisement as per our agreement.

I am not personally selling the photograph so I do not violate this agreement.

Also note that I am doing this on a volunteer basis at this point in order to improve my portfolio.

Any thoughts?
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