Korean Job Discussion Forums

[jinju]

Ok, this is not a taching contract but Im curious to see what you can make of it. Im publishing a set of 10 images in a publication in an international magazine based in Paris. There is a release form to sign and submit. There is a clause in it that Im not 100% straight on. Basically, Im concerned with keeping full copyright to the images for subsequent publication in the future. Here is the clause. Im 99% certain that there isnt a problem but 99% in legal speak is as good a 0%.
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As between you and us full copyright in the Magazine and the Artworks em-bodying the Work in whole or in part shall vest in us and we and our Associates shall be entitled at all times to the sole right of exploitation (under such trademarks as we may select), use and distribution throughout the Territory by any and eve-ry means whatsoever of the Magazine and the Promotional Tools.We and our Asso-ciates shall at all times have the right at our sole and absolute discretion to decide whether how and when to commence discontinue or recommence the manufac-ture and sale of the Magazine and the exploitation of the Promotional Tools repro-ducing the Work and manufactured in pursuance of this Agreement and to fix and alter the prices of such Magazine and also the irrevocable sole and non exclusive right and licence to use and publish your name, your image and professional name for labelling cataloguing, promoting, advertizing and exploiting the said Magazine.

As between you and us full copyright in the Work in whole or in part shall vest in you at all time subject to the non exclusive license the subject hereof.

[Novernae]

Sounds like you're right, but as you say, 99% is as good as 0%.
You might want to try posting under a different title as most will assume this is just another hogwan contract and leave it to grotto and alabamaman...

[Squid]

You're ok, they're talking their copyright is your images as part of their publication, or subsequent publications they may wish to produce... the copyright to the individual unpublished images remains yours.

[jinju]

[Hyalucent]

Do they define "Territory"? Buried somewhere in there seems to be the clause that you can't run photos in the same market that they sell the magazine in. Even though it's based in Paris, if it's an international magazine, their "Territory" could mean all of planet Earth. That probably doesn't preclude you from putting the photos in a calendar or on merchandise, but might mean you can't sell them to another magazine later. Somebody double check that.

[Gord]

I read it as a very long way of saying that after the magazine goes to print, they have total control that particular layout using your pictures. If you became famous years from now, they could reprint the magazine or the section a billion times despite any reduction in the value it may cause to your artwork

You are also ceeding control to the magazine of your name, image, whatever to promote the magazine now and in the future in relation to the spread. Further still, you could not allow for a similiar layout to occur in a magazine that competes with them in the same marketplace as that would infringe on their copyright.

I'd sign it as it's pretty standard.

[canukteacher]

If you really want to be sure, try and find a forum about writing and getting published. You could also pass the clause by a lawyer and get his or her approval (if you are REALLY paranoid). We are ESL teachers, and although some might be published, I doubt that many of us are experts when it comes to interpreting publishing contracts. This is just my opinion,

Good luck!

[jinju]

[gang ah jee]

Of course it's not ESL related because nobody teaches ESL in Korea.

[canukteacher]

You are right, I stand corrected. Thank you