Wednesday, September 7, 2011

If I ask a favor of someone, I don't try to take advantage of that person.

If I ask a favor of someone, I don't try to take advantage of that person.

As an example of a nonprofit organization requesting my office to donate an image, but then presenting my office with an outrageous contract, here’s an email exchange between myself and a photo editor at Conservation International. I am putting this here so that other photo editors at nonprofit organizations don’t make the same mistake.


-------- Original Message --------
Subject: Request for use of image for non-commercial media use
Date: Tue, 23 Aug 2011 11:52:51 -0400
From: Sarah Hoyt
To:

Hello,
I work for Conservation International’s Global Marine Division in media and communications. I am assisting in media outreach for an article to be published in PLoS ONE in the coming weeks titled “Global Conservation Priorities for Marine Turtles.” The paper is a unique global priority-setting analysis that lists the most endangered and the healthiest sea turtle populations in the world based on thousands of data points and input from dozens of experts.

To coincide with the release of the paper, we will be sending press releases and posting blogs and slideshows to raise awareness about at-risk populations of sea turtles and also to highlight conservation successes.

Ideally, this will include at least one image from each healthy and each endangered population. We would like to request permission to : 1) use the attached image on CI’s website to promote this story; and 2) make this image available to media for use in connection with this story.

The license agreement for the desired image is attached, along with a low-res JPEG of the image. I would be very grateful if we could get your and the photographer’s permission to use this image for the purposes described above. If the terms are agreeable, I would appreciate it if you could please send a high-res JPEG along with the signed agreement.

I look forward to hearing from you. And thank you for your support!

Sincerely,
Sarah
Sarah Hoyt| Global Marine Division
Conservation International | 2011 Crystal Drive | Suite 500 | Arlington, VA 22202
Phone: 703-341-2505


COPYRIGHT LICENSE

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, Norbert Wu, hereby grant to Conservation International Foundation, including all subsidiaries and affiliates thereof (hereinafter referred to singularly and collectively as “CI”), a royalty-free license, including the right to sub-license, to exercise all rights of whatever kind or nature now or hereafter protected by the Copyright Laws of the United States of America and all foreign countries in and to the photo titled “PNG0031_Hawksbill turtle”, for the sole non-commercial use to promote an online story of the published paper “Global Conservation Priorities for Marine Turtles” on Conservation International’s website and other press outreach.

I represent and warrant:
(i) that I am the sole owner of the Photographs;
(ii) that I hold the complete and undivided copyrights in the Photographs;
(iii) that I have the full right and power to make this license;
(iv) that there are no rights outstanding which would diminish, encumber or impair the full enjoyment or exercise of the rights herein granted to CI;
(v) that I have obtained any required releases from any person or for any property depicted in the Photographs; and
(vi) that I have no knowledge of any objection by any person or entity, or other third party acting on behalf of the depicted subjects, against the exercise of any of the rights granted hereunder; I hereby bind myself to advise CI immediately if any such objection comes to our knowledge in the future.

I understand and agree that if any of the above representations and warranties are found to be false or inaccurate, that I shall indemnify and hold harmless CI and its officers, directors, members, employees, and agents, from and against any and all claims of third parties, including losses, damages, legal fees, and all other expenses.

It is understood and agreed that CI, as well as any sub-licensee of CI, shall submit to me a copy of the specific application and credit me, Norbert Wu, as the copyright owner of my photos:

© Norbert Wu

I represent to CI that I am 18 years of age or older and legally capable of binding myself to this license and release agreement.


Signature: _____________________________________

Name: _____________________________________

Date: _____________________________________


**************
From: Norbert Wu Productions Office [mailto:office@norbertwu.com]

Sent: Wednesday, August 24, 2011 1:02 PM

To: Sarah Hoyt

Subject: Re: Request for use of image for non-commercial media use



Dear Ms. Hoyt:

I had a good laugh when I received your email and looked at the contract language (which I converted to a PDF and have attached). I am assuming that CI is not offering to pay for the use of this image. So my assumption is this: CI wants to use my image for free. CI expects me and my office to spend the time to peruse, understand, and approve the legal language in your contract. If I sign this legal document, it seems that CI then acquires the image and can license the image as it wishes.

Why in the world would I allow this? More to the point, why would CI ask for a photographer(s) to donate their hard-earned images (which have required thousands of dollars to acquire) and also saddle the photographer with a predatory contract that has this onerous legal language that might slip by less-informed photographers?

I am offended by this request and its accompanying contract. I've already sent it to a couple of colleagues. They've both found the contract language to be objectionable and disrespectful to photographers. I am bcc:ing a few more colleagues on this email. Perhaps some of them will chime in on this issue.

Here's the language that I find most objectionable (bold emphasis added by me):

...{I, Norbert Wu, hereby grant to Conservation International Foundation, including all subsidiaries and affiliates thereof (hereinafter referred to singularly and collectively as “CI”), a royalty-free license, including the right to sub-license, to exercise all rights of whatever kind or nature now or hereafter....

If I ask a favor of someone, I don't try to take advantage of that person. If I need a ride and ask to borrow a friend's car, I don't have him sign a document that then gives me ownership of that car or lets me make money by renting the car out to the end of eternity. If CI is going to ask photographers for their help in publicizing its causes, then CI will hopefully reconsider this sort of onerous, predatory contract and instead draft a simple, clear, easy document that will make a photographer happy that he/she has helped.

Sorry to be so direct.

PS -- the image that is on the PDF is not my image. The image that you attached to your original email to me is indeed one of my images.

Signed,
Norb
----------------------------------------
Norbert Wu Productions
Pacific Grove, CA 93950
USA



Subject: RE: Request for use of image for non-commercial media use
Date: Wed, 24 Aug 2011 13:09:33 -0400
From: Sarah Hoyt
To: Norbert Wu Productions Office

Hi Norbert,

I apologize for the confusion. I am not a legal expert and was given this release as a template to use. I will certainly take your concerns to CI’s legal department and see what we can do to fix these issues. We are incredibly grateful for any donation from photographers and of course do not want to upset you or the photographers we have built a
relationship with in any way. We do not sub-license, it was in the language that was approved by my superiors. We only use images for non-commercial and media uses to promote CI’s work and achievements. We never receive money for others’ images and we always credit the photographer. Where possible, we purchase rights to use images, however
we are a non-profit and have great budget constraints so we cannot always do this.

I appreciate your directness. I am sincerely sorry.

All the very best,
Sarah
*Sarah Hoyt| Global Marine Division*
*Conservation International | 2011 Crystal Drive | Suite 500 |
Arlington, VA 22202*



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