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  1. #1
    nhemann's Avatar
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    Should I be bothered by this contract phrase....

    I was contacted regarding a picture I had posted over on Flickr by a company that wants to use it in an e-book they are publishing. The contract/release contained the paragraphs below and I was wondering if this is something that I should be concerned with. I'm not familiar with these type of things and my skeptical side is wondering if this it typical language or if I should just say no.

    Any opinions, especially from some of the professionals among us would be appreciated.

    Neil

    The text:
    In return for the unrestricted use of my image(s) as granted to (production company), I shall receive a pro
    rata share of 25% of net profits generated by Avena Productions from all sales of my image(s).

    I hereby agree that Avena Productions and all their assigns, heirs, and beneficiaries are granted full
    commercial rights to use, modify, display, sell, promote, or re-print and distribute, complete, or derivative
    works based on the photograph(s) in any form and for any purpose (except for pornographic or
    defamatory). I hereby waive any right to inspect or approve the finished version(s).
    "There is no such thing as objective reality in a photograph"

    My flickr and (gasp!) dpug photos - take a look if you like.

  2. #2
    vpwphoto's Avatar
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    Sounds scammy... they didn't even telephone you?

  3. #3

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    i would say no, and put a big watermark across your image,
    or digimark it so if they steal it you will know.

    i googled Avena Productions and they don't even have an internet presence ...

  4. #4
    nhemann's Avatar
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    yeah, that's what I am wondering about. Especially when the agreement form has all of my info, including ssn on it.

    The company name was Avena Productions (if anybody else has heard of them) - and the dude emailing me is Rael Cohen. They list an address in NYC - but no phone number, a gmail address, and a google search doesn't turn up anything. So I am def have my guard up.
    "There is no such thing as objective reality in a photograph"

    My flickr and (gasp!) dpug photos - take a look if you like.

  5. #5
    brucemuir's Avatar
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    Wait, don't give them "UNRESTRICTED" usage.
    IMO
    the only way that is fair is if they buy the copyright from you.

    25% of profits? (I'm sure they will calculate this fairly for you...yea sure )
    That's insane.

  6. #6
    Klainmeister's Avatar
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    Hmmm, no internet presence....no telephone.....a GMAIL account.

    Scam.
    Last edited by Klainmeister; 09-14-2011 at 10:49 AM. Click to view previous post history. Reason: Whoops
    K.S. Klain

  7. #7
    c6h6o3's Avatar
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    Quote Originally Posted by nhemann View Post
    Especially when the agreement form has all of my info, including ssn on it.
    That's all you need to know. Phishing scam.
    Jim

  8. #8
    zsas's Avatar
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    SSN?! Big red flag!

  9. #9
    Worker 11811's Avatar
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    I would never do business with anybody who contacts me solely by e-mail.

    Have them phone you from a land line which you can call them back at, not a cell. Have them send you a hard copy letter by U.S. Mail with a return address that comes from a real office, not a rented "McOffice" suite.

    If they won't go even that far, tell them to go pound salt and warn them that you will pursue any copyright violations to the full extent.

    Hell, I don't even talk to telemarketers. I tell them, flat out, that I don't do business with anybody who calls me on the telephone unless I called them first. Many of these a$$holes will STILL argue with me even after I told them, "No."
    Randy S.

    In girum imus nocte et consumimur igni.

    -----

    http://www.flickr.com/photos/randystankey/

  10. #10

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    Sounds very much like they are scamming you. Unless they purchase the full copyright of the image then never give them unrestricted use of the image, and for the full copyright then the price should run into thousands, remember that you would lose any future sales of that image, and unrestricted use for a paltry 25% of the net profits, they must be joking, plus if you sign an agreement like that they can not only use the image for whatever they want but they can alter the image. leave it alone.
    Richard

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