Standard terms for picture, illustration and artwork Contributions (original) (raw)

These standard terms form part of the Terms and Conditions for the Supply of Contributions to Guardian News & Media Ltd (aka the Freelance Charter), which can be found here. Unless otherwise noted, all capitalised terms used in these standard terms shall have the meaning given to them in the Definitions section of the Terms and Conditions for the Supply of Contributions to Guardian News & Media Ltd.

Commissioned Contributions

You grant to GNM irrevocably and unconditionally the following rights and options to use, publish, transmit or license your Commissioned Contribution (“Licence”) during the Term as defined below.

Unless they are expressly identified otherwise, all rights and options granted by you in this Licence shall subsist throughout the world in any language(s) on an exclusive basis for sixty (60) days following first publication by GNM (“Exclusivity Period”) and thereafter on a non-exclusive basis for the remaining period of copyright in your Commissioned Contribution including all renewals, reversions, extensions and revivals of such period, the Exclusivity Period and remaining period of copyright thereafter together being the “Term”.

Our fees are inclusive of rights 1-4 and 6 below. The value of these rights is reviewed annually.

1. Right to be the first publisher of your Commissioned Contribution in any media anywhere in the world in any language(s) in any of our Licensed Products at our discretion, and to keep available your Commissioned Contribution in the Licensed Products during the Term.

2. Following our first use as described in clause 1 above, the right to reuse, republish and retransmit your Commissioned Contribution in any language(s) anywhere in the world in any of our Licensed Products at our discretion without further payment to you, including but not limited to Guardian Weekly and similar publications and in other collections of material published by us in paper form and digitally anywhere in the world, and to keep available your Commissioned Contribution in the Licensed Products during the Term.

3. Right to use, store, publish or transmit your Commissioned Contribution in internal archives and databases (“Archives”) in any language(s) including but not limited to websites published by us and/or third party database and/or archive publishers, and to keep available your Commissioned Contribution in such Archives during the Term.

4. Right to authorise the Newspaper Licensing Agency and similar reprographic rights organisations in other jurisdictions (“RROs”) to distribute or license the distribution of your Commissioned Contribution throughout the world in any language(s) for RROs’ licensed acts and purposes as amended from time to time, and to keep available your Commissioned Contribution through such RROs during the Term.

5. Right to make Spot Sales of and/or Syndicate your Commissioned Contribution subject to payment to you of 50% of all net receipts paid to GNM and attributable to your Commissioned Contribution.

6. Right in the same form and context as your Commissioned Contribution is reproduced in the Licensed Products to use your Commissioned Contribution to enable GNM to advertise and market its products and services throughout the world, including but not limited to promotional packshots and front covers; and the right to authorise third parties to copy, display and/or broadcast (as appropriate) your Commissioned Contribution for the purposes of enabling GNM to undertake the right granted by you to GNM pursuant to this clause.

For the avoidance of doubt, all rights:
a) pertaining to publication, distribution and licensing of your Commissioned Contribution reside exclusively with GNM during the Exclusivity Period. All requests from you to re-use your Commissioned Contribution during the Exclusivity Period shall be submitted to rights@theguardian.com and any grant of rights or amendments to the Exclusivity Period shall be subject to GNM’s prior written agreement; and
b) of whatever nature (without limitation, copyright) throughout the world which you have in your Commissioned Contribution other than those you expressly grant to us under this Licence are retained by you; and
c) of whatever nature (without limitation, copyright) throughout the world in the column titles and names used in conjunction with your Commissioned Contribution shall reside with us.

Your Commissioned Contribution shall be used for editorial purposes as we see fit. We may make alterations to your Commissioned Contribution comprising standard colour correction or minor cropping. You acknowledge that on occasion we may need to modify certain images (in whole or part) for legal reasons or in order to comply with industry codes of practice. Except as set out here, we shall not make any other alteration to your Commissioned Contribution without your permission.

You grant us permission to publish a photograph of you of our choosing in association with publication of your Commissioned Contribution and/or in relation to any other promotion or publicity of the same throughout the world.

For certain types of Commissioned Contribution - including but not limited to by-line pictures, page design features and commercial projects - we shall seek an assignment of copyright from you and shall issue appropriate documentation to you on such occasions.

Action for Infringement and Further Assurance

In the period preceding GNM’s first publication of your Commissioned Contribution and during the Exclusivity Period, GNM shall have all the rights and remedies in relation to your Commissioned Contribution of an exclusive licensee including those that are specified i) for contributors in the UK in Section 101 of the Copyright, Designs and Patents Act 1988, and ii) for contributors in Australia in Section 119 of the Copyright Act 1968 (Cth), and iii) for contributors in the US in section 501(b) of Title 17 of the United States Code. For the avoidance of doubt, this includes the right to bring an action for infringement of copyright in your Commissioned Contribution.

For the duration of the Term that follows the end of the Exclusivity Period for contributors in the UK GNM may bring an action for infringement of copyright in your Commissioned Contribution pursuant to Section 101A of the Copyright, Designs and Patents Act 1988.

You shall, and shall procure that any necessary third party shall, at your own expense promptly execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to this Licence.

Stock Imagery, images submitted on a speculative basis and other contributions

You grant to GNM irrevocably and unconditionally the following rights to use, publish, transmit or license your Contribution (“Licence”) during the Term as defined below.

Unless they are expressly identified otherwise, all rights granted by you in this Licence shall subsist throughout the world in any language(s) on a non-exclusive basis for the full period of copyright in your Contribution including all renewals, reversions, extensions and revivals of such period (“Term”).

Our fees are inclusive of rights 1-4 below. The value of these rights is reviewed annually.

1. Right to use, publish and transmit your Contribution anywhere in the world in any language(s) in all editions of a single issue of the relevant Licensed Product, and to keep available your Contribution in the Licensed Product during the Term.

2. Right after use in the relevant Licensed Product to publish your Contribution in Guardian Weekly and similar publications and in other collections of material published by us in paper form and digitally anywhere in the world in any language(s), and to keep available your Contribution in the Licensed Products during the Term.

3. Right to use, store, publish or transmit your Contribution in internal archives and databases (“Archives”) in any language(s), and to keep available your Contribution in such Archives during the Term.

4. Right to authorise the Newspaper Licensing Agency and similar reprographic rights organisations in other jurisdictions (“RROs”) to distribute or license the distribution of your Contribution throughout the world in any language(s) for RROs’ licensed acts and purposes as amended from time to time, and to keep available your Contribution through such RROs during the Term.

For the avoidance of doubt, all rights:
a) of whatever nature (without limitation, copyright) throughout the world which you have in your Contribution other than those you expressly grant to us under the Licence are retained by you; and
b) of whatever nature (without limitation, copyright) throughout the world in the column titles and names used in conjunction with your Contribution shall reside with us.

Your Contribution shall be used for editorial purposes as we see fit. We may make alterations to your Contribution comprising standard colour correction or minor cropping. You acknowledge that on occasion we may need to modify certain images (in whole or part) for legal reasons or in order to comply with industry codes of practice. Except as set out here, we shall not make any other alteration to your Contribution without your permission.

You grant us permission to publish a photograph of you of our choosing in association with publication of your Contribution and/or in relation to any other promotion or publicity of the same throughout the world.

Action for Infringement and Further Assurance

In the period preceding GNM’s first publication of your Contribution and during any period of exclusivity, GNM shall have all the rights and remedies in relation to your Contribution of an exclusive licensee including those that are specified i) for contributors in the UK in Section 101 of the Copyright, Designs and Patents Act 1988, and ii) for contributors in Australia in Section 119 of the Copyright Act 1968 (Cth), and iii) for contributors in the US in section 501(b) of Title 17 of the United States Code. For the avoidance of doubt, this includes the right to bring an action for infringement of copyright in your Contribution.

For the duration of the Term that follows the end of any period of exclusivity for contributors in the UK GNM may bring an action for infringement of copyright in your Contribution pursuant to Section 101A of the Copyright, Designs and Patents Act 1988.