EPUK Editorial Photographers United Kingdom and Ireland. The private mailing list and public resource for editorial photographers

Cock up or Conspiracy ? Those letters in full

8 July 2002 - EPUK

Photographers contributing to titles owned by IPC Media, the UK’s largest magazine publisher, received an unpleasant surprise last week – a new contract and accompanying revised terms and conditions.

That letter…

1 July 2002

Dear X

I am writing to you regarding the core contributor agreement you have with XXXXXX.

As you may be aware IPC Media was recently bought by AOL Time Warner. Due to this acquisition we are consolidating our rights agreements with our contributors to provide uniformity across the group.

As you are a core contributor which we wish to continue working with, we would like to ask you to re-sign a re-worded core contributor agreement to allow us to conform with AOL Time Warner’s requirements. All previous works commissioned will be under your previous rights agreement(s).

Your current core contributor account will be de-activated on the 1 August 2002 so your swift response is appreciated to enable your account to remain active.

If you have questions regarding the new core contributor letter please do contact me direct. If you have no questions please sign and return the letter in the envelope provided. Thank you for your co-operation,

Yours sincerely,

Mark Winterton

Intellectual Property Manager IPC Media Ltd
020 7261 7069
email: mark_winterton@ipcmedia.com

IPC Media Limited, King’s Reach Tower, Stamford Street, London SE1 9LS Switchboard: 0870 444 5000
http://www.ipcmedia.com
An AOL Time Warner Company

That Grab in full…

1 July 2002

Dear X

As a core contributor to IPC Media it is understood that any future Work(s) you are commissioned to do by XXXXXX will be on an “ALL RIGHTS” basis unless otherwise agreed in writing.

All Rights means that you assign, transfer and make over to IPC Media Limited absolutely the entirety of your right, title and 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, and you unconditionally and irrevocably waive your rights under Sections 77 and 80 of the Copyright Designs and Patents Act 1988 in the Work(s). This includes ownership of the materials used e.g. film, artwork etc.

Please sign below and return one copy of this letter to confirm your agreement to the above. For your information, when we commission you for one off features in the future we will send commission confirmations only, which will not require your signature or need to be returned. Please keep a copy of this letter and all future confirmations for your records.

Please note that IPC’s Terms and Conditions are incorporated into this Agreement and we enclose a copy herewith.

We look forward to working with you.

Signed for IPC Media Limited

...........................Date…........................

Please Print Name…..............................................

I confirm that the above details are correct and that in consideration of the fees paid by [IPC] to me, I hereby assign to [IPC] 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 written, originated, conceived or made by me for [IPC]

Contributor’s signature

...........................Date…........................

Encs. T&C(2).

IPC Media Limited, King’s Reach Tower, Stanford Street, London SE1 9LS Switchboard: 0870 444 5000
http://www.ipcmedia.com
An AOL Time Warner Company

Those IPC Terms and Condtions in full

Terms and Conditions IPC Media Ltd

1. The Work(s) completed shall conform to the brief given on the relevant commissioning form (the Work), and be of a quality acceptable to the commissioning editor, in his/her absolute discretion.

2. Copyright in the Work will be assigned or licensed to IPC Media Ltd, as agreed on the relevant commissioning form. IPC Media Ltd. reserves the right to store all published material in its archives in any format whether printed electronic or otherwise.

3. You will endeavour to ensure that the Work supplied will not be libellous, infringe any copyright or be otherwise actionable matter.

4. Commissioned Work supplied as original will be exclusive to IPC Media Ltd and not previously published. Once your Work is submitted it cannot be withdrawn except by mutual consent.

5. Failure to deliver Work by the deadline agreed with the commissioning editor may result in the cancellation of the commission. Delivery of the Work is at your expense unless agreed otherwise.

6. You must maintain the strictest confidentiality on all matters relating to the commissioned Work or your relationship with the commissioning magazine and IPC Media Ltd.

7. You grant IPC Media Ltd unlimited right at our discretion to amend, edit, select, crop, retouch, add to or delete from any Work (in any format, whether electronic or otherwise) produced by you for us.

8. Your fee shall be as agreed with the commissioning editor as specified on the relevant commissioning form.

9. Any reasonable expenses will be paid only when they are defined and agreed with the commissioning editor at the time the Work is commissioned. Agreed expenses will only be paid on production of receipts, submitted when requested.

10. We do not guarantee to publish your material within any specified period of time. Any fees for cancellation of the commission will be paid only if agreed with the commissioning editor.

11. In the event that any complaint or claim relating to the Work is made by any third party at any time, whether a formal legal complaint or otherwise, you agree to co-operate fully with the commissioning magazine in responding to and defending such complaints or claims.

12. The commissioning magazine may have terms and conditions specific to itself and, in that event, these terms and conditions will be additional to those set out above.
13. These terms and conditions will apply in respect of all Work commissioned now and in the future unless notified otherwise.

14. IPC Media reserves the right to alter and amend these terms and conditions from time to time.

T&C (2)

IPC Media Limited, King’s Reach Tower, Stamford Street, London SE1 9LS
Switchboard: 0870 444 5000
http://www.ipcmedia.com
An AOL Time Warner Company

Want to contact the EPUK Website editor? editor@epuk.org

Comment on this article

(Your email will not appear on your comment, but we cannot accept your comment without one. We won't give your email address to anyone else)
(You don't need to enter your website address, but if you do, your post will link to it)
 

EPUK reserves the right to edit or delete posts which the moderators feel are irrelevant, offensive, libelous, untrue or just plain nutty; and in extreme cases, to ban those who make them.


EPUK is discussing:

Copyright infringements and how to manage them DACS Payback'Crafted in Britain' by Rob Scott Photographing in public places - where/when/is it allowed?

What is EPUK?

EPUK is an email group for professional editorial photographers who want to talk business. We don’t do techie stuff or in-crowd gossip. We don’t talk cameras or computers. What we talk about are the nuts and bolts of being in business - like copyright, licensing, fees and insurance.

Donate to EPUK

EPUK is run on a not-for-profit basis, funded solely by advertising, donations and hosting other lists. You can make a donation to EPUK through Paypal here:

Donate Now with PayPal

Site content is © original authors. To reproduce any content on this website, contact editor@epuk.org who will put you in touch with the copyright holder. You can read our privacy policy. Any advice given on this site is not intended to replace professional advice, and EPUK and its authors accept no liability for loss or damage arising from any errors or omissions. EPUK is not responsible for third party content, such as epuk.org adverts, other websites linked to from epuk.org, or comments added to articles by visitors.