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Belize Tourism Board's Call for Images

I would love to have some opinions on the terms of this “Call for Images”. Sounds like a complete grab of rights, especially this one “…I will not authorize the use of such images by anyone else….”. What do you think:

I understand that the image(s) I provided to the BELIZE TOURISM BOARD may be used in any medium produced under this agreement, including all forms of advertising, editorial use, promotion, social media, including the Internet and any format known now or later created, in perpetuity worldwide.
I agree that no claims of any nature will be made by me or by others on my behalf and I will hold the BELIZE TOURISM BOARD harmless and indemnify them against any such claim, including any claim based on allegation of copyright infringement. I agree that the images provided by me to the BELIZE TOURISM BOARD do not infringe on any third party’s rights and I have obtained any and all necessary permissions from any and all third parties involved with, or featured in, these images.
I agree that no advertisements, edits or materials need be submitted to me for approval and with any copy I receive I will not authorize the use of such images by anyone else.
This release supersedes any other agreement in connection with this production and cannot be transferred to any other company without written consent from the photographer.

by Tony Rath at 2011-05-16 22:14:18 UTC | Bookmark | | Report spam→

The language is poorly drawn. This sentence is more than a bit ambiguous…what is the meaning of the words “with any copy I receive…” as it modifies the following language? The prior phrase, however, says that the copy (or other materials in the ad) does not have to be submitted to the photographer. That seems inconsistent.

If, contrary to the possible meaning of the language, you get a chance to negotiate the price of the image being used in the ad at the time copy is being created, then you can then negotiate away the rights to that image for a proper price. The board may indeed want an exclusive so their ad is unique. But if that’s the case, you should be paid out fully for your rights to further license the image.

by [former member] | 19 May 2011 12:05 | Washington, DC, United States | | Report spam→

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Tony Rath, Photographer Tony Rath
Dangriga , Belize


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