Things to note about this one, which is one of the worst we've ever seen:
- It's non negotiable, and expressly disallows alterations of terms
- Editors are saying that this is now the only contract on offer from National Magazines. Where previously they were expected to try and acquire All Rights, they had some leeway to negotiate more reasonable terms if necessary. They now do not, the All Rights contract below is all that is on offer
- Aside from relieving you of copyright and the right to use or re-sell your own work forever, even for portfolio purposes, or even to mention it for a year, it makes you liable for anything National Magazines might do that violates the PCC code.
- You don't get paid unless you accept and sign this contract, according to the contract you haven't even signed, and may not even have been told about at the time you accepted the commission and shot the work. The latter would be an illegal imposition of contract terms.
- As far as is known, no fee increase is on offer to compensate the photographer for the massive loss of rights and income imposed here. Rates for full copyright buyout are generally understood to be around 5-10x the rate for first rights, single use, which is the traditional magazine basis. This contract therefore awards National Magazines a 400%-900% discount. Try paying £1 for £10 of shopping in Sainsburys as a reality check.
- If you sign this, no matter how desperate you are to pay the mortgage or get established, you are an idiot. You are ensuring an untenable future not only for yourself but for other photographers too.
Terms and Conditions
A All Rights
Do not alter the rights on this form.
If you disagree with them you should discuss this with the person at
National Magazine who has commissioned you (³the Commissioner²) before you undertake the commission. Please read the following detailed explanation of payment and rights. Your invoice cannot be paid without this signed commissioning form being returned to the magazine.FEES/EXTRAS
The fee overleaf shall be regarded as inclusive of all costs and expenses incurred by the Contributor unless otherwise agreed. Only expenses deemed reasonable can be reimbursed. The Contributor will on request substantiate and justify any expenses charged to the satisfaction of The National Magazine Company Ltd (³National Magazine").INVOICES AND PAYMENT
The Contributor shall be paid as soon as reasonably practical after:-
Acceptance for publication signature and return of the accompanying form and he submission of a proper invoice by the Contributor to the Commissioner in accordance with these terms.REJECTION FEES
If the material is not in the opinion of National Magazine deemed of a publishable standard or does not fulfil the terms of the commission a reject fee of one third of the original agreed rate will be paid provided the material was delivered by the due date.RIGHTS.
"ALL RIGHTS" means National Magazine acquires the entire worldwide copyright in the material and all other intellectual property rights in the material for all uses including but not limited to all rights to use the material in any and all electronic and digital formats and for use on the Internet Magazine web sites and any future medium for the full period of copyright therein and all renewals and extensions thereof and all rights of a like nature wherever subsisting. In the respect of Photography this includes all images shot during the commissioned assignment and if requested all images must be supplied.WARRANTIES
The Contributor warrants he/she is lawfully empowered to confer the
copyright granted by this agreement in the whole of the material. The Contributor also warrants the material prepared for National Magazine is original has not been previously published in the same or similar form anywhere in the world and he/she will not grant or purport to grant any rights in the material to any party other than National Magazine.The Contributor agrees that it is the Contributor¹s responsibility to review and warrants that it will comply with the terms of the Press Complaints Commission Code of Practice and the Data Protection Act 1998 (the ³Standards²). The Contributor acknowledges that the Standards may change or be updated from time to time and that where necessary these changes or updates will be notified to him or her by the Company from time to time. The Contributor agrees that regardless of the actions of the Company it is the Contributor¹s absolute responsibility to ensure that he or she is conversant with any such changes and updates and to observe them fully.
The Contributor understands and accepts that failure to comply with the requirements of this clause may lead to termination of the contract. The Contributor warrants he/she will treat the subject matter of the material as confidential for a period of 12 months from the date of commission.
The Contributor will as and when required by National Magazine so to do execute all such further documents and do all such further things as may reasonably be required to assign or perfect the assignment of copyright or other rights in the nature of copyright to National Magazine.
The Contributor acknowledges the right of National Magazine to subject the material to reasonable editing.
This agreement is subject to English law and the jurisdiction of the English Courts.


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