Photographers, Reps Push Back on Time Inc Contract’s Rights Grab

- - Working

Photographers who have not returned a signed contract have continued to receive automated emails with the contract; one photographer has received it twice, another five times. But so far, many are ignoring it, or waiting to see if Time is willing to negotiate fairer terms. “I believe that any photographer who would consider accepting these terms must have little understanding of this industry and will surely regret it later on in their career,” says photographer Henry Leutwyler. “Hopefully, photographers will stick together and not only think for themselves but for each other and most importantly for the budding photographers of tomorrow. If the contract does indeed go through, it might be a good time to consider ditching the party and going fishing.”

Source: PDN Pulse

There Are 3 Comments On This Article.

  1. photographer

    Here is the new language as defined by Time inc. This is an addendum to the original contract. Up to us to decide if it helps in any way. I welcome everyones opinion.

    December, 2015
    2016 Time Inc. Commissioned Photographer Agreement
    Clarifications
    In this memo, Time Inc. clarifies certain terms of the 2016 Time Inc. Commissioned Photographer Agreement.
    Time Inc. provides this list for photographers who have received and signed the 2016 Time Inc. Commissioned
    Photographer Agreement to rely on in interpreting this Agreement.
    Payment
    · Time Inc. will continue its current practice of paying photographers who are paid personally within 25 days and
    companies (including LLCs) within 60 days.
    · Time Inc. will continue its current practice of paying photographers after delivery of photos following a
    commissioned photo shoot, even if a story is cancelled or the photos aren’t published.
    · The Time Inc. agreement will not change the current practice of paying negotiated per photo usage rates by
    People and InStyle foreign licensed editions (magazines published by companies other than Time Inc. in a foreign country
    under a license from People and InStyle, almost always under the People and InStyle brand names). Time Inc. has
    simplified the space rate schedule for other brands’ foreign licensed editions that currently pay space rates (such as
    TIME, Time for Kids, Fortune, Golf, and Sports Illustrated) and these rates continue to be based on the circulation of
    these foreign licensed editions. The Affluent Media Group publications (Food & Wine and Travel + Leisure) would
    continue not to pay additional space rates for any foreign licensed editions.
    Promotional Use
    · Time Inc. will continue to allow photographers to use and post published photos and published cover photos for
    self-promotion upon and after first publication.
    · Time Inc. typically will use published photos to promote its brands (use of outtakes for promotion would be rare
    and if photo subjects are people, Time Inc. would have to clear subject rights).
    Photographer Reuse of Photos for Fees
    · Photographers may monetize (license photo use to others for fees) published cover photos (the photo without the
    Time Inc. brand and other content), with Time Inc. brand permission, after the embargo period. Time Inc. anticipates
    that brands that have given permission in the past will continue to do so in the future. Photographers do not need
    permission to monetize almost all other photos, published and unpublished, after the embargo period.
    · The embargo period ends 90 days after first publication for almost all photos (published and unpublished). In rare
    instances, a longer period of time may be specified by the assigning brand in an assignment, which the photographer is
    free to decline.
    · If the Time Inc. assigning brand hasn’t published any photos from a shoot within 12 months after the last photo
    delivery date, the assigning brand will take the photos off embargo so that the photographer can monetize them.
    Time Inc. Reuse of Photos
    · Time Inc. will continue to allow third parties, such as other platform providers, to use almost all photos only in and
    as part of our branded content. The only exceptions will be Sports Illustrated, which will continue its current practice of
    sharing syndication revenue 50/50 with photographers for individual photos that are licensed without the SI brand and
    2
    SI content, and limited product shot assignments that would be identified in advance to photographers in an assignment
    email and that photographers are free to decline (see below).
    · Affiliated brands will contact photographers before first Time Inc. affiliated brand use of their photos (so that
    photographers or their agents will know that their photo is being reused, and can inform the affiliated brand of a prior
    reuse by another company). For photo subjects who agree to appear for a photo shoot only in an assigning brand
    publication, we expect photographers to continue the current practice of informing Time Inc. of reuse restriction
    requests and our brands to continue to approve where appropriate. If a photo subject has restricted use of images to
    the assigning brand, any of our affiliated brands would have to clear any proposed affiliated brand reuses with a photo
    subject.
    Subject, Sports, & Other Clearances
    · Time Inc. will continue its current practice of being responsible for clearing any and all necessary subject, league,
    trademark, music, and other similar clearances. We expect that photographers will continue to inform Time Inc. of any
    requested subject or other reuse restrictions and that the brands will continue to approve them where appropriate.
    Sports Illustrated will continue to allow its photographers to sign for credentials.
    Photojournalism
    · For highly sensitive photojournalism, such as photos documenting war, death, illness, or crime victims, the
    assigning brand will exercise its discretion in granting affiliated brands access to the photographs only for use in news
    reports and commentary.
    Commissioned Photos – Selects & Outtakes
    · Time Inc. brands have differed in their practices with respect to the delivery of commissioned photos and
    outtakes. Time Inc. anticipates that photographers will continue to deliver edited selects in accordance with each
    assigning brand’s custom and practice and to provide additional photos upon reasonable request of the assigning
    brands.
    Merchandizing
    · Time Inc. will not be “merchandizing” photos – no photos on coffee mugs or coasters, for example – without
    permission of photographers and subjects.
    Videos, Branded Idea House Projects, Products Shot in Time Inc. Studios
    · Time Inc. has long had broader exclusive rights to videos, “Idea House” Project photos, and product shots assigned
    by and shot in the Time Inc. Photo Studio than to other commissioned photos, and these limited exceptions would
    continue under the new Agreement. Photographers are free to decline these types of assignments.
    · For editorial photo shoot videos, photographers have the right to negotiate an additional video fee, on top
    of the photo shoot day rate, to be specified in an assignment email sent to photographers. Photographers also
    could decline the video assignment and accept only the related photo shoot assignment.
    · For “Idea Houses” assignments, which are photo shoots of houses, and their furnishings, displayed under
    the Southern Living, Coastal Living, Sunset, and other Time Inc. brands, photographers have the right to
    negotiate an acceptable fee, instead of the day rate, to be specified in an assignment email or to decline the
    assignment.
    · Photographers also may decline assignments by the Time Inc. Photo Studio, the Time Inc. Food Studio, The
    Drive photo studio, or other Time Inc.-owned and operated studios, for photo shoots in those studios, if
    photographers do not want to grant broader rights to those photos in return for payment at the day rate.