KentStatePreso.14.March.11

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Kent State University:

Kent State University Lecture, Advanced eMedia Management for March 14, 2011

Reading Material No. 6:

Reading Material No. 6 In reading material No.6, I sent to you 6 examples of agreements that represent what freelance journalist may see if they provide content to publishers.

Op-Ed Contributor Freelance Agreement (Boston Globe):

Op-Ed Contributor Freelance Agreement (Boston Globe) Page 2 represents a freelance agreement between the Boston Globe and a writer. My comments are in the margin. The writer owns the copyright, but gives the Globe an EXCLUSIVE RIGHT to publish it first. The exclusive right exists for 2 days in the metropolitan Boston area after the article is published.

Boston Globe Agreement:

Boston Globe Agreement Problem with the Boston Globe Agreement: The exclusivity could last for some time if the article is not published. The solution: provide an absolute deadline for exclusivity. Note that the freelancer is deemed an independent contractor. Why? No employee benefits, and Globe would not have liability as an employer.

Boston Globe Agreement:

Boston Globe Agreement Section 8 begins the “boilerplate” language, that is standard language you see in most contracts. Merger clause Electronic records clause (allows click throughs ) Choice of law Right to redistribute in International Herald Tribute

Work Made for Hire:

Work Made for Hire Page 5 is an example of a “work made for hire” agreement. All ownership rights are given to publisher. There’s no attribution. Warranties that the work is original. This may make sense if an artist prepares a new logo for a trademark.

Voice Over License:

Voice Over License What if you need a good voice to narrate your production? Subcontract the voice. See page 7. Get a right to use the voice recording. Get a right to use the voice, that is, the publicity right from the narrator. Note that the artist has no rights to approve the final use of the recording.

Joint Authorship Agreement:

Joint Authorship Agreement Page 10 – if you’re a joint author, get it in writing, and specify what rights each party has in the joint works. Page 10 shows how the parties divide their rights and obligations for a photographic exhibition. In the preamble, the parties agree they are making contributions to a joint work.

Joint Authorship Agreement:

Joint Authorship Agreement Section 1 – the parties describe the work. Section 2 – the parties agree to joint ownership. Section 3 – the parties own their separate rights in photos not used in the joint work. Section 4 – the parties agree on how to present attribution.

Joint Author Agreement:

Joint Author Agreement Section 8 – note that each author can grant non-exclusive rights to present the exhibition. Seciton 8 – Note, however, that both parties must agree on any exclusive license. Section 9 – The parties describe how they would divide up the income from licensing the work. Note how the party that obtains the sale of the exhibition gets a higher percentage of the profits.

Joint Author Agreement :

Joint Author Agreement Section 19 to the end – Again, the boilerplate provisions: § 21 – writing needed to amend agreement § 23 – “Force Majeure clause” § 23 – Arbitration § 26 – Severability § 27 – Permission needed to assign rights Schedules

Bad Contract Tutorial:

Bad Contract Tutorial http://asmp.org/tutorials/bad-contract.html

Bad Contract Tutorial:

Bad Contract Tutorial Work order for project. Publisher does not have to pay if publisher does not like the work. Exclusive rights to the photos for 3 months after publication. Publish free to repurpose photos for ANYTHING. Publisher can cancel and not pay so long as notice given more than one day before the photo shoot.

Bad Contract Tutorial:

Bad Contract Tutorial Solution to payment: Photographer should get some payment for times and materials, even if photos rejected. There should be a final deadline for exclusivity.

Hybrid Agreement:

Hybrid Agreement Page 17 – This section discusses a hybrid approach taken by large content companies. Ownership on commission, or Exclusive Rights if article selected by publisher Limited Exclusive Rights Non-Exclusive Rights www.seed.com Example

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