Summits Response..

Here is a copy of the original contract that summit wanted photographers to sign.. would you sign it?

More on this topic here… photo.net.ph/blogalicious

read on..

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PHOTOGRAPHERS? & ILLUSTRATORS? ACCREDITATION CONTRACT
SH Publications Inc. Summit Publishing Co., Inc. Philippine Entertainment
Portal
__________________________________________________________

Article 1. Purpose

This agreement aims at establishing fundamental rules regarding conditions
and procedures in the assignment and acceptance of commissioned work and its
copyright between SH Publications Inc., Summit Publishing Co., Inc.,
Philippine Entertainment Portal and its Freelance Photographers &
Illustrators.

Article 2. Definitions of Terms

The following terms and abbreviations used herein shall bear the meanings as
set forth below

2.1 SH Publications Inc., (SHPI), Summit Publishing Co., Inc. (SPCI), and
the Philippine Entertainment Portal (PEP) and its legal representatives,
authorized agents, successor and assignees, will hereby be known as ?the
Company?.

2.2 Freelance means the person, corporation or other legal entity of any
tier and its legal representatives, authorized agents, successors and
assignees which supplies the commissioned work and/or services to the
company.

Article 3. Agreements

3.1 The Freelance has agreed with the Company, as set out below, that he/she
will provide to the Company freelance Photography / Illustration Services
for a fee agreed/to be agreed upon on a case-to-case basis.

3.2 This agreement will start on the date hereof and continue until
terminated by either party.

3.3 Nothing in this agreement will create the relationship of agency or
partnership or employer and employee between the Company and the Freelancer.

3.4 The Freelancer warrants that all his/her assignment submissions to the
Company are his/her original work and have not been published, distributed,
displayed, performed or otherwise communicated to the public anywhere else,
whether in the Philippines or abroad.

3.5 The Freelancer agrees that all intellectual property disputes of
whatever nature arising anywhere in the world in any work submitted by
him/her shall be resolved by the Freelancer, and he/she shall indemnify,
hold harmless and defend the Company at his/her sole cost, from any
third-party claim.

3.6 The Freelance grants the Company unlimited rights to amend, edit,
select, crop, retouch, add to or delete from any work (in any format,
whether electronic or otherwise) produced by the Freelancer for the Company.

The Freelancer hereby irrevocably and unconditionally waives all moral
rights that vest in [him/her] (whether before, on or after the date hereof)
in connection with [his/her] authorship of any of the commissioned works,
wherever in the world enforceable, including without limitation the right to
be identified as the author of any such works and the right not to have any
such works subjected to derogatory treatment, provided that the Company
shall not use the Freelancer?s name, or the title of his/her work, or
his/her reputation with respect to any version or adaptation of his/her work
which, because of alterations therein, tend to substantially injure his/her
literary or artistic reputation.

3.7 The Freelancer?s agrees that, upon payment of the agreed on assignment
fee, the Company owns all rights in to the Freelancer?s commissioned work
and its copyrights.

All Rights means that the Freelancer assigns, transfers and make over to the
Company absolutely the entirety of the Freelancer?s right, title and the
interest in and to the copyright and all other rights of every kind or
description now or hereafter subsisting anywhere in the world in or in
relation to the work(s) for the full term thereof and all renewals or
extensions thereof. This includes ownership of the materials used e.g. film,
artwork etc.

However, the Company only owns worldwide copyright for people photographs
(i.e. celebrities, regular people are subject of the photograph). For
non-people photographs, the Company will own Philippine copyrights only.

With the permission of the Company, The Freelancer may re-use the
commissioned work in the Philippines: for example, for purpose of
exhibitions, book compilations of their work, academic purposes, websites
and other material for the sole purpose of promoting and marketing their
work.

3.8 The Company agrees that, should it re-use material subject to the
Photography / Illustration Services in an entirely different publication
(i.e. different title or in a different print format) that that for which
the material was originally commissioned, then the Freelancer shall be paid
additional fees set at:

3.8.1 Php 50.00 per photograph / illustration when re-used in an electronic
format that is not associated with the magazine and

3.8.2 Php 150.00 per photograph / illustration when re-used in print and

3.8.3 For advertorials or advertisements, the following fees:
Php 1500 for ¼ page, Php 2500 for ½ page, and Php 5000 for full page

However, the Company may use the commissioned work and publish the same in a
different issue of the same title without the need to compensate the
freelancer.

3.9 The Company also agrees to credit the Freelancer every time the
Freelancer?s material is used, whether in print or electronic format unless
the work is used in an advertisement, advertorial, or for marketing
purposes.

3.10 For the avoidance of doubt, no additional fee shall by paid to the
Freelancer should the Company use material on an associated website or for
any other promotional purposes.

3.11 If the parties disagree over an interpretation of this Agreement or
when either party is perceived to be in breach of any part of this
Agreement, the parties shall in good faith enter into negotiations to
resolve the disagreement and discuss the feasibility of resolving the
disagreement by mediation or other means short of litigation. The parties
shall cooperate in good faith in pursuing mediation or such other mens.

Signed for Summit Publishing Co Inc. or SHPI or PEP

(NAME), Editor, (MAGAZINE)

I confirm that the above details are correct and that in consideration of
the fees paid by SPCI and SHPI to me, I hereby assign to SPCI and SHPI
wholly and absolutely the copyright, future copyright and all other
proprietary rights for the full term thereof throughout the world and to
waive my moral rights and future moral rights, if any, in respect of all
material photographed, originated, conceived or made by me for SPCI and
SHPI.

Photographer?s signature

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This is the Letter of Louie Aguinaldo of DPI..

The posting regarding this issue has already reached the concerned
publishing company. I have already received a call about an hour ago
and we had a very good initial discussion to clarify matters.
They didn’t mean to antagonize the photographers and would like to
work things out so that everything would be beneficial for all
parties concerned.
It seems the contract is on hold already due to the strong reactions
of the photographic community.
The publisher did have some concerns that we need to discuss about.

Here are the points that they brought up
1. We (the publishers) do not need to own copyright.
2. But there should a time frame one year where pictures belong to
the magazine they originally shot for. After that re-use fees
apply.
One of the editors was asking, “What if we do, say, a 10-year
retrospective of our bet photographers’ works, we need to pay all of
them again?” Maybe we can talk about it?
3. After one year, copyright reverts to them but cannot be used
in a competing magazine or publishers. Eg. FHM versus Maxim, Mega
versus Preview
4. For outtakes, we can use them at any time, but only for
magazine that commissioned the work.
5. For promotional purposes like posters, websites, re-use should
be okay.
6. Payment and approval of other people involved in shoot
(models, makeup artists, stylists, plus clearance of celebrity
subject) is their responsibility if image is used for commercial
purposes.
If re-used for commercial purposes like advertorials, we will
pay them (as we already do).

So we have to meet to discuss this soon and come up with a set of
guidelines that are agreeable to both parties. The meeting of
editorial photographers has been set for Monday, Oct 16 at 9pm. at
DPI

This is a good opportunity for all of us to come up with guidelines
that we can present to all publishers to avoid confusion and
violations of copyrights.

I am glad to say though that the discussion today went very well. I
am convinced that they would like to maintain a good working
relationship with photographers and I believe we will be able to
resolve the problem soon. But let’s not get complacent, let’s see
this through.

DONT FORGET TO ATTEND MEETING AND BE COUNTED

Monday, Oct 16 at 9pm. at DPI