Conde Nast/CondeNet Contract: - Syndication Rights

Commentary and analysis continues:

Version OL1	Version OL2
4. Syndication Rights: Freelancer further grants Company the non-exclusive, unrestricted, royalty-free right, for the full term of copyright, to syndicate and/or license the Work to one or more third parties throughout the world in all languages, to retain third parties to do so and to retain all proceeds therefrom. The Rights, Warranty, and Miscellaneous provisions of this agreement shall apply to all such syndicated or licensed use. This provision does not affect Freelancer’s non-exclusive, unrestricted right to syndicate the Works and retain all proceeds therefrom.	{does not apply.}
COMMENTS: You are granting to Conde Nast the right to take every image you’ve shot for them and set up their own photo agency/syndication service, and you get no additional revenue, as granted by “Freelancer further grants Company the non-exclusive, unrestricted, royalty-free right, for the full term of copyright”. Of course, they try to be nice by saying it does not affect your non-exclusive right to syndicate them yourself. However, in point-of-fact it does, as evidenced by some photo agencies requiring exclusivity clauses in order to represent your work. Back in 2002 the Illustrators Partnership of America, as the IPA notes in this article, entered into negotatiations, in part, related to "Condé Nast representatives have written to both the IPA and to the Guild, as well as to various individual members stating that the warnings on our websites are inconsistent with Condé Nast's current intentions not to license work by contemporary contributors. We have relayed Condé Nast's statements to our members. But we must remind everyone that the language of the Condé Nast contract wholly justifies our warnings. For Condé Nast's recent assurances to become binding, the language of the contract itself must be changed." The language remains essentially the same since that time.

Previous: Conde Nast/CondeNet Contract: - Other Rights/Likeness

Up Next: Conde Nast/CondeNet Contract: - Miscellaneous Rights

(Comments, if any, after the Jump)

---

Please post your comments by clicking the link below. If you've got questions, please pose them in our Photo Business Forum Flickr Group Discussion Threads.