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BUSINESS WEEK PHOTOGRAPHER AGREEMENT
June 3, 2000
Businenss Week has presented the details of their new working arrangements with
photographers to many of the photographers who do regular assignments for the
magazine. This agreement is a great improvement over Business Week's policies of
a year ago. It is likely to set new industry standards which many publications
will be forced to copy in order to compete.
BUSINESS WEEK ASSIGNMENT LETTER
Dear Photographer:
This letter agreement between you and the Business Week Information Group ("BW"), a
division of The McGraw-Hill Companies, Inc. ("MHC") shall govern all of the following
materials (collectively referred to as the "Work" in this letter):
(a) all images created in connection with future original assignments (or "photo
shoots") you undertake in order to create
new photo images for BW during the agreement term; and
(b) stock photos used during the term of the agreement, including images you previously
created on assignment for BW that reside in the BW photo library as of the date of this
letter.
This agreement begins as of the date of this letter and will continue through June 11,
2004.
1. You retain the copyright in the Work. All use of the Work by BW and its licensees
will be limited to media that are either in the context of, branded by, or otherwise
associated with BW. For the fees described in the attached fee schedule, you grant BW
the non-exclusive (except for the 90 day "embargo period"" described in paragraph 2),
worldwide right to reproduce, distribute and display the Work in all media, whether now
known or later developed. This grant of rights includes, but is not limited to, the
right to store and distribute the Work in print or electronic form in BW articles,
including on the Web, in foreign language editions (whether published by BW or its
licensees), to use the Work as it appeared in editorial context for advertising and
promotion, to reproduce the Work in reprints and the right to grant these rights to
others, such as our joint venture "partners". These rights are collectively referred
to as the "Rights Package" in the Fee Schedule.
2. With respect to original assignments undertaken during the term of this Agreement,
these rights shall be exclusive to BW until 90 days after BW first publishes any part
of the Work. During this "embargo period," you agree not to reproduce, distribute or
display the Work, nor authorize anyone else to reproduce, distribute or display the
Work without BW's prior approval (except that you may reproduce, distribute or display
the Work for your own personal and private use during this period).
3. You represent and warrant that the Work, in the form that it is submitted to BW, is
original (except as described in the next sentence) and that the Work will not violate
or infringe any copyright, trademark, patent, statutory, common law, contractual,
privacy or proprietary rights of others, or contain anything libelous or obscene. Note
that if you include others' copyrighted materials in the Work (such as a photograph of
someone else's painting or a montage of other photographers' photos), you must get the
copyright owners' permission for BW to use their material to the same extent as you are
permitting BW to use your Work.
4. You will advise BW of any restrictions requested or imposed by persons appearing in
the Work.
5. The fee schedule is attached. Payment will be made within 60 days after receipt of
invoice. BW will use all reasonable efforts to include a credit line to the Work's
owner.
6 - You consent to any cropping, alteration or other modification to reproductions of
the Work that BW, in its editorial discretion, may deem appropriate as well as the
right to determine the placement, manner and context in which the Work may be used.
You waive any rights, including "moral rights", you may have to object to these changes
under the copyright and other laws, conventions and treaties of the United States and
foreign countries.
7. This agreement and the attached fee schedule shall be in effect through June 11,
2004. The grant of rights and your representations and warranties shall continue after
termination of this agreement with respect to all of the Work covered by this Agreement
subject to the terms of the fee schedule.
8. You agree that BW shall be liable to you for physical loss or damage to the Work
only if the loss or damage was caused by BW's gross negligence.
9. Since you will be doing this work as an independent contractor, no deductions for
Federal or state income tax, Social Security, or employee benefits will be made from
your payment.
10. This agreement is governed by New York law and constitutes the entire understanding
between you and MHC related to the Work and supersedes all prior agreements between you
and MHC, including any oral or written agreements. No purchase order, invoice or other
writing inconsistent with terms of this agreement shall affect or vary the terms of
this agreement. This agreement may be modified only by a written amendment executed by
both of us.
11. I am enclosing two copies of this letter. If the above terms are agreeable to you,
please sign both copies and return one to me. If a company owns the copyright in the
Work or a company acts as agent for the copyright owner, an authorized company
representative should sign this agreement indicating the company's agreement with this
letter.
Sincerely Yours
(signed) Larry Lippman
________________________________ _______________
Signature of photographer Date
________________________________ _______________
Authorized signature of photographer's Date
employer, agent or other corporate owner
of the Work. (if applicable as described above)
________________________________ _______________
Print name of corporate employee, Date
agent or owner of the Work
BUSINESS WEEK PHOTOGRAPHIC RATE CARD
ORIGINGAL ASSIGNMENTS:
Fees for original assignments commissioned during the term of the agreement that are
published or scheduled for publication during the term of the agreement:
With respect to the first publication of one or more images you shall be paid the
greater of either: (i) the Assignment fee (Day Rate); or (ii) the total applicable
Print or Electronic Space Rate for all images used in that first publication. (That
is, if multiple images from a particular assignment are used in the first publication
-- either in print or online -- you get the larger of the Date Rate or the total Space
Rate for all images used in that first publication.)
If later on during the term of the agreement, we publish or schedule for publication
another image from the original assignment not used in the first publication, it will
be paid for at the applicable Print or Electronic Space Rages the time it is used.
The fees described below cover the entire Rights Package in the context of a particular
article in perpetuity.
If we publish or schedule to publish one of these previously published images again
during the term of the agreement in a different article* in and English language print
edition of a BW publication, BW will pay an additional fifty percent (50%) of the
applicable Print Space Rate described above. This 50% fee will cover the entire Rights
Package for that different article in perpetuity.
(*The fact that additional functionality is added to an article in which an images is
first used for purposes of electronic publication, or that the article is translated,
edited or otherwise modified, does not constitute a different article for purposes of
this fee schedule.)
Use of any of these images after the term of the agreement (whether previously
published during the 4 year term or not) in yet another different article will be for
by the then prevailing fee schedule.
Assignments (Day Rates)
|
June 12, 2000 through June 11, 2001
|
$850
|
|
June 12, 2001 through June 11, 2002
|
$900
|
|
June 12, 2002 through June 11, 2003
|
$950
|
|
June 12, 2003 through June 11, 2004
|
$1,000
|
Cover Assignments (Day Rates)
|
June 12, 2000 through June 11, 2001
|
$2,500
|
|
June 12, 2001 through June 11, 2002
|
$2,650
|
|
June 12, 2002 through June 11, 2003
|
$2,800
|
|
June 12, 2003 through June 11, 2004
|
$3,000
|
Print Space Rate (All Years)
|
1/4 Page
|
$450
|
|
1/3 Page
|
$550
|
|
1/2 page
|
$650
|
|
2/3 Page
|
$800
|
|
3/4 Page
|
$1,000
|
|
Full Page
|
$1,200
|
|
Cover
|
$2,500
|
Electronic Space Rate (All Years)
|
(all sizes)
|
$450
|
Long Day is considered anything after 9 hours and will add any additional $225 to the
Day Rate.
Travel Day will be paid at $425.
Expenses must be reasonable and supported by documentation
Film and processing will be reimbursed at cost. Receipts for processing must be
submitted with the invoice.
Equipment Rentals need to be approved by assigning picture editor.
Any exceptions must be approved in advance by BW.
STOCK:
Fees for stock published or scheduled for publication during the term of the agreement:
With respect to first use of a stock photo image, you will be paid at the applicable
Print or Electronic Space Rate described above. This fee covers the entire Rights
Package in the context of a particular article in perpetuity.
If we publish or schedule to publish one of these previously published images again
during the term of the agreement in a different article in an English language print
edition of a BW publication, BW will pay an additional fifty percent (50%) of the
applicable Print Space Rate described above. This 50% fee will cover the entire Rights
Package for the different article in perpetuity.
Use of any of these images after the term of the agreement (whether previously
published during the 4 year term or not) in yet another different article will be paid
for at the then prevailing fee schedule.
COVERS USED ON REPRINT COVERS:
Additional fee for use of a magazine cover image on a reprint published during or after
the term of the agreement where the magazine cover image was first published or
scheduled for publication during the term of the agreement.
Cover Images - Reprints**
|
Reprint Volume
|
Cover Fee
|
(All Years)
|
1,000 - 5,000
|
$2,400
|
|
5,001 - 20,000
|
$2,950
|
|
20,001 - 50,000
|
$3,700
|
|
50,001 - 100,000
|
$4,750
|
|
100,001 - 150,000 |
$6,200 |
|
150,001+ |
$8,150 |
**If multiple images are used on a cover reprint, payment for the images will be
prorated based on size and the applicable volume rate.
Social Security or Federal ID numbers must be included on all invoices (where
applicable). All fees are inclusive of all sales and other taxes, if any.
Addendums
Since the contract was initially distributed two addendums have been announced. They are:
1 - The re-use of the same image will be treated as a separate transaction and will
be compensated at 100 percent of the new stock usage fee.
2 - The embarg language will be clarified to specific magazines in the embargo. Time
Magazine, Fortune, Forbes, Industry Standard and a few others will be on the list,
while the rest of the magazines in the world will be OK. It still may be OK to
license to the above publications with clearance from Business Week, but in those
case you will have to ask first.