Best Business Practices for Photographers [75]
(iii) the Company will be the sole author of the Assignment Images and any work embodying such Assignment Images according to the United States Copyright Act;
More intent to claim ownership.
(iv) to the extent that such Assignment Images are not properly characterized as a work made for hire, Photographer hereby assigns, transfers and conveys to the Company all right, title and interest in such Assignment Images, including all copyright rights, in perpetuity and throughout the world. Photographer shall help prepare any papers the Company considers necessary to secure any copyrights, patents, trademarks or intellectual property rights in the Company's name at no charge to Company.
Here, you find that the attorneys and the companies they represent are adding in an insurance policy, whereby you agree to transfer every right (including copyright) to the company at no charge. Would that be no "additional charge?"
Photographer further acknowledges and agrees that the Company will have the right to undertake any of the actions set forth in Section 106 of the Copyright Act (17 U.S.C. §106) with respect to such Assignment Images. This includes, without limitation, the right to sell, license, use, reproduce and have reproduced, create derivative works of, distribute, display, transmit and otherwise commercially exploit such Assignment Images by all means without further compensating the Photographer. Notwithstanding the foregoing, the Agreement is not intended to and shall not prevent Photographer from engaging in assignment photography for Photographer's own account outside of the scope of the Company's representation of Photographer.
There's that word "exploit" again. It's not a bad thing, but it reminds you that they're going to do everything they can to generate revenue from the images. In the end, they remind you that you can work for other companies, and they won't stand in your way.
Suffice it to say, I did not sign this contract. Understand that if you sign and work under a WMFH agreement, you will be required to constantly be generating additional images from additional assignments. At no time will you be able to earn anything from your past work. As you work you're paid, but never again, so you must continue to work and be at the whim of losing those assignments (to someone cheaper?), at which time you would have to seek out more work to pay your bills and feed your family. To quote noted copyright expert Jeff Sedlik, "Copyright is the thin line that separates photographers from day laborers."
In 1955, photographic legend Arnold Newman organized what became a major strike over rights issues at Life magazine. This eventually became a fight against copyright transfers, lesser rights, and such. In a 1993 interview by Kay Reese and Mimi Leipzig celebrating the 60th anniversary of the ASMP (the entire transcript is available on the ASMP website), Newman talks about his experiences surrounding this strike. Reese/Leipzig cite what Newman wrote in the foreword to the book 10,000 Eyes: The American Society of Magazine Photographers' Celebration of the 150th Anniversary of Photography, which celebrated the 150th anniversary of the invention of photography. It reads, in part:
A key victory nearly forgotten and often overlooked was a non-ASMP act. In 1955, Life published nine essays, Arts and Skills in America, and sold them to Dutton as a book. Five of the essays were shot by staffers or were handouts. The problem was, they conveniently forgot that the other four were shot by three freelancers: Gjon Mili, Brad Smith, and myself. We naturally requested the additional payment for this unauthorized use. In settlement, Life offered remuneration with the stipulation that we sign a contract, also sent out to all their other freelancers, that required us to give up copyrights, reducing or wiping payments