Telegraph Media Group PLC
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Telegraph Media Group PLC

The Telegraph is the latest newspaper group to attempt to award itself megalomanic rights over freelance contributors' work, and all for the sort of rates that were low for single use 20 years ago:-

telegraphmediagroup

Terms and Conditions
Self-Billing & Payment
All chargeable works commissioned by and provided to us will be self-billed by us and, where you are based in the United Kingdom, we will be entitled to pay you by BACS.
TO EXPEDITE PAYMENT DO CONTINUE TO SEND YOUR “REQUEST FOR PAYMENT TO THE COMMISSIONING EDITOR.
In accepting a commission or payment from us, you agree:
• to accept invoices raised by us on your behalf;
• not to raise sales invoices yourself for works supplied to us;

• to notify us immediately in writing if you: become VAT registered; change your VAT registration number; cease to be VAT registered; sell your business or part of your business; change the name of your business; or change the registered or principal address of your business.
Self-billed invoices will show your name, address and VAT registration number (where applicable), together with all other details which constitute a full VAT invoice.
Rights

Except where already agreed in a separate contract with us, when we commission any work in any format, including text, photograph, video and audio, all current and future copyright in any such work will be retained by the creator but, by creating any such work, the creator agrees that we, and those authorised by us, shall have an irrevocable, assignable licence for the period of copyright in such work to use, and exercise all rights in, any such work in any publication or service and in any current or future media worldwide, and we shall use reasonable endeavours not to use any such work in a manner which is materially distinct from and detrimental to the purpose for which we commissioned such work. We shall also have the right to syndicate any such work and where we syndicate any such work as an individual item, we will pay 50% of the net identifiable sum received by us for that syndication. the rights granted to us above shall amount to an exclusive embargo to us and those authorised by us from creation until expiry of 90 days following our first publication of the applicable work. Thereafter, they will become non-exclusive.
In supplying us with any work, the creator warrants: that any work supplied to us will be
original and, in the form supplied, will not be owned or controlled, in whole or in part, by a third party who has not irrevocably consented to its use as permitted by these terms and conditions; that the use of any such work by us or those authorised by us will not give rise to any third party claims; and that neither he/she nor any other person has exploited or will, during the exclusive period described above, exploit the work, or any substantially similar work, anywhere, in any media.

If the supplier of any work is not its creator, he/she should pass a copy of these terms and conditions to any person(s) whose work he/she submits to us on their behalf, and the supplier (on his/her own account) warrants that he/she is authorised as agent by the creator to supply the work and to agree to these terms and conditions on the creator's behalf, and that the creator agrees to be bound by these terms and conditions.
In providing us with any work, the creator (or, where applicable, the supplier acting, save here specified above, as agent for and on behalf of the creator) consents to, and agrees to be bound by, these terms and conditions.

A few things to note about the red bits Copyright Action views as completely unacceptable:

Self-billing is allowed as an opt-in arrangement by Customs & Revenue. The VAT regulations make it perfectly clear that this is an optional mechanism and that suppliers may choose whether to allow self-billing or raise their own invoices. Telegraph, like many newspapers, tries to implement self-billing as mandatory. Of course there are legitimate administrative reasons why they would prefer it, but self-billing is widely misused by newspapers as a means to dictate amounts paid to contributors.

Perpetual free re-use by Telegraph Group is of course a blank cheque in their favour. Newspaper fees have historically been low because re-use was paid for. The rates have barely increased and in the Telegraph's case are reportedly lower than they were in the 1990's when re-use fees applied as well.

Mandatory syndication is an impossible term for photographers who have existing agents who are contracted to handle their syndication. Telegraph seems to forget that it is dealing with independent small businesses not employees.

The 90 day embargo is of course an absurd expansion of the First British Rights basis on which commission fees are predicated. After 90 days most news photos are worthless.

We also take issue with the weasel words '50% of the net identifiable sum'. Everywhere else this term has cropped up it has meant the publisher is able to avoid or minimise payment of syndication fees quite often, because they have been unable to identify the sum where complete articles have been re-sold as a package, or images have been bundled with others. 50% of 'we don't know' = zero.

Finally, the viral rights-grab of third parties' work (and indemnity by the freelance contributor against any claims arising) is a clause that seems to be gaining popularity among publishers' more creative lawyers. It's a Machiavellian concept that potentially spells huge trouble and expense for the freelance who accidentally includes someone else's IP, and who does not actually consent to Telegraph appropriating their economic rights.

It says in big red letters at the top of the covering email that announced these changes THESE TERMS SHALL NOT APPLY TO COMMERCIAL AGENCIES . That is because no commercial agency would accept them and would promptly stop supplying Telegraph Media Group. What's the difference between independent freelance professionals and commercial agencies? Only that Telegraph Media Group believes it can get away with imposing this egregious agreement because freelances need them more than they need you.


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