Help needed please

[Paul72]

Hello, can any one help?

I recently applied for a vacancy seen on a art based website for Photographic/Digital Artists that would like to submit work for their new company selling artwork to businesses and galleries.

I contacted the company and told them about myself and showed them examples of my work and they replied and said they liked my work and would like to sell my work on my behalf. At first I was happy to know that someone likes my work and they would be happy to sell my work but I am bit lost with the words and meanings they mention in the terms and conditions.

I am completely new to this and like any one would not want to lose out due to lack of understanding of the terms used. I have looked on line regarding licences and copyrights but can not seem to find any simple explanations.

Could anyone help and explain what the following terms and conditions below might mean or where I can find a simple helpful way to understand this.

Thanks in advance

Paul


The agreement and relationship will take the following shape.

I. requires rights to selected images of yours, for use online (such as our website and social media), as well as any publications for purposes of marketing and advertising you and your work within the brand.

II. requires rights to the use of your CV and biography for purposes of marketing and advertising you and your work within the brand.

III. requires exclusive rights to sell prints of selected images in either of our two recommended mounting options – Aluminium and Acrylic Reverse.

IV. requires exclusive rights to sell prints of selected images in two predetermined sizes agreed upon by both parties.

V. Each size of image would be released in a limited edition of up to 100 (max. 200 prints in total per image).

VI. You would receive a standard commission of 20% of the print's retail price, paid on a monthly basis dependant on your sales.

VII. You remain free to sell the selected images elsewhere, assuming it does not contravene the agreements made in points iii. or iv..

VIII. You are also free to sell and exhibit any of your other work as you see fit.

[Realist]

The agreement and relationship will take the following shape.

I. requires rights to selected images of yours, for use online (such as our website and social media), as well as any publications for purposes of marketing and advertising you and your work within the brand.

They can publish your photos for commercial purposes, like advertising.

II. requires rights to the use of your CV and biography for purposes of marketing and advertising you and your work within the brand.

They can use your name information about you, with the pictures they are using to advertise with.

III. requires exclusive rights to sell prints of selected images in either of our two recommended mounting options – Aluminium and Acrylic Reverse.

Only they can mount the images on aluminum and acrylic reverse, you cannot.

IV. requires exclusive rights to sell prints of selected images in two predetermined sizes agreed upon by both parties.

The two sizes they choose to print the photo as, you can not sell them at this size.

V. Each size of image would be released in a limited edition of up to 100 (max. 200 prints in total per image).

Just like IV they print it in specific sizes so they can do limited editions. You selling at this size would void the limited edition, thereby harming their business.

VI. You would receive a standard commission of 20% of the print's retail price, paid on a monthly basis dependant on your sales.
They will give you 20% of what the pictures sell for, and you will get paid monthly if they make money that month.

VII. You remain free to sell the selected images elsewhere, assuming it does not contravene the agreements made in points iii. or iv..
You have the right to sell copies of the photos as long as they don't conflict with III and IV

VIII. You are also free to sell and exhibit any of your other work as you see fit.
Other work not covered in this deal is yours to do with what you choose.


That is how I interpret the contract. I am not a lawyer, nor am I sure I am 100% right, but this is how I understood it.

[Runmonty]

I note that while I was typing this Realist has already answered. My response is much the same, but will include it anyway in case it helps clarifies the answer, and I have also posed a couple of questions I feel you should consider.

Firstly I am not a lawyer and you should not rely on my comments as legal advice. If you require a legal opinion you should independent legal advice. The following is my general interpretation only

The agreement and relationship will take the following shape.

I. requires rights to selected images of yours, for use online (such as our website and social media), as well as any publications for purposes of marketing and advertising you and your work within the brand.

They may use “selected images” of yours for marketing and advertising in any form they see fit to try to sell your photos

II. requires rights to the use of your CV and biography for purposes of marketing and advertising you and your work within the brand.

They require you to provide a CV that they may include in any advertising etc

III. requires exclusive rights to sell prints of selected images in either of our two recommended mounting options – Aluminium and Acrylic Reverse.

They restrict you from selling your “selected images” in Aluminium and Acrylic Reverse. You will never be able to distribute or sell these to anyone, anywhere, mounted in this way

IV. requires exclusive rights to sell prints of selected images in two predetermined sizes agreed upon by both parties.

They restrict you from selling your “selected images” in the sizes you agree. You will never be able to distribute or sell these to anyone anywhere at this size. (e.g. if you agree to 8 x 12 & 10 x 16, you can't make any further copies of that size)

V. Each size of image would be released in a limited edition of up to 100 (max. 200 prints in total per image).

They will only ever make 100 copies of each size. This will mean that your maximum return will only ever be 100 x 0.2 x price

VI. You would receive a standard commission of 20% of the print's retail price, paid on a monthly basis dependant on your sales.

You will make 20% on the sales made each month (take note though of my comments in part V)

VII. You remain free to sell the selected images elsewhere, assuming it does not contravene the agreements made in points iii. or iv..

You can still sell the “selected images” provide that a) they are not mounted aluminium or acrylic reverse, and b) are not the sizes you have agreed to


VIII. You are also free to sell and exhibit any of your other work as you see fit.

Self evident

The question you must ask yourself is how good are they at selling your images, and at what price. I can't answer that.

If they sell 100 @ $1 each (or if they only sell 1 @ $100) then you will have parted with your rights for a total return of $20.

On the other hand if you were never intending to sell the image anyway. Then maybe any return is good. Your judgement call on this.

I see it as very important that it is very clearly defined, without any ambiguity which images are the “selected images”

[Paul72]

Thanks Realist and Runmonty
I agree with your comments and with the questions you mention Run, but over all I not sure if this a good idea, on one hand the chance to sell prints would be good but I am not sure about my returns and the rights with my work.Its like you said it needs some thought,thanks again to help out it has made my mind a bit clearer.

Paul