Commissions for documentary photographers

It sounds a good idea and I wish you the best of luck, but I suspect that the following in your Ts & Cs might be a problem for many:

“Copyright of the photographs will remain with the photographer. The photographer will license to FotoDocument the exclusive reproduction rights worldwide for two years from completion of the project. After two years, FotoDocument will retain reproduction rights alongside the photographer.

In addition to their commission fee photographers will receive 50% of any reproduction or sale profits arising from their photographs."

There’s probably not a huge point for the photographer doing the project if they can’t use/show their own images, even if the restriction is ‘only’ for a couple of years.

The bit about “FotoDocument will retain reproduction rights alongside the photographer” is very unclear what it means (and therefore construed narrowly legally) but the last bit implies that you think the terms give the right to licence the images out somehow. As the terms are written, they probably don’t give that right, so the terms and conditions are rather contradictory and confusing.

I’m not trying to stir, it sounds like a great initiative, just pointing out a problem.

well spotted, let’s hope the organisers clear up the ambiguity and make this initiative more photographer-friendly…

Yeah, I’m quite interested in a bit of clarification as well. Two years is a long stretch for an embargo, and it hurts photographers if FotoDocument is trying to license the work alongside the photographer’s initiative to do the same.