Upload & Sell: Off
So I shoot regularly for a local real estate development. They are very high end with most homes selling in the million-dollar range. I recently did a week of event photography for them. Total was 28 hours for $100 per hour. At the end of the week I sent them a large batch of files around 400 of the best shots from the whole week. The images feature surfing, swimming, canoeing, partying, pool parties, and all kinds of fun activities. They even had me shoot from a helicopter when I captured some amazing imagery that I would like to hold onto. I have attached the Section of the contract that states the rights they are asking for. Please read over and let me know what you think. They are a great client, but are in the process of doing a lot of image updating and will most likely want to use some of these for web other collateral.
1. WORK PRODUCT. All work product and creative services generated by the Photographer pursuant to this Agreement, (collectively, the “Work Product”), shall be addressed to and shall be the sole property of CLIENT, including without limitation, all copyrights, photographs (and negatives), videos, portion of any tape that is edited out or not used in any final film, sound-bytes, usage rights, disks, personal information relating to the participants shown on any film, and all other original materials created and paid in full by CLIENT in connection with the Services. CLIENT shall have the sole right to use or not use any Work Product and in any media, including but not limited to: any Community website, collateral, local and national ads, videos, DVDs, calendars, billboards and invitations. The Photographer shall not use the Work Product in connection with the provision of services to any other party (or for promotion of its own services to others in its marketing materials, including its own website), without the prior written consent of CLIENT, which consent may be given or withheld in CLIENT’s sole discretion. Except for those logos specifically owned by Photographer or others, CLIENT (or its designated affiliates) shall own all such trademarks relating to the names and logos specifically associated with CLIENT and its participation in the event or photo shoot. CLIENT shall be responsible for obtaining, and shall have the sole right to obtain, at its sole cost and expense, all trademarks and copyrights as may be deemed necessary or desirable by CLIENT, in CLIENT’s sole and absolute discretion, relating to the event or specific Photo Shoot and the Services. Photographer warrants that it solely owns all rights in the Work Product that have been addressed to CLIENT and agrees to indemnify and hold CLIENT harmless from same. Further, Photographer warrants that there is no present claim or litigation in respect of those rights relating to the Work Product or the terms of this Agreement.
Thanks for any Advice. Questions are welcome. Thanks