FAQ: Legal Stuff for Farktography Book

[Kestrana]

This is a break down of the legal form to understand what it’s saying for everyone. I am not a lawyer so I am regurgitating what I have learned from the NAPP.

This paragraph has been revised from the original.

I, _________________, the undersigned, being the legal copyright holder to the listed photographs does grant to Carole J. Montague, Drew Curtis and fark.com, their heirs, successors in interest, legal representatives, and agents, the full rights and license to use such photographs in conjunction with the planned publication of ?The Best of Farktography?. I understand I retain the original copyright and may license my work to others.

You, the photographer hold the copyright to your pictures.
You are granting me (and Drew/fark but mostly me) and anyone necessary for the publication of the book (the publisher/advertising) the right to use the photo and the right to copyright the photo. It is my understanding that “and copyright same” is necessary because we are copyrighting the book and thus the photo on your behalf.
You are only granting us rights to use the photo for this publication.

I hereby waive any right that I may have to inspect or approve the finished product or products, or the advertising copy or printed matter that may be used in connection therewith, or the use to which it may be applied. The undersigned also consents to the use of any printed matter in conjunction therewith. I also understand that my photo may be resized to fit the needs of the publisher.

You are waiving the right to inspect the final product or any collateral material before publication.
You are extending us a license to use your picture for promotional material connected to this publication.
You are stating that you understand your photo may be cropped to better fit the book layout.
I will not be post-processing any submitted photos.

I hereby release, discharge, and agrees to save harmless Carole J. Montague, Drew Curtis, and fark.com, their heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority, or those for whom he/she is acting, from any liability incurred from this project.

You are releasing myself (and Drew/fark but mostly me) from any liability you may incur as the copyright holder to the picture. That means if you think you might need a model release or a property release for a picture you should either obtain one or tell me we can’t use the picture.
Likewise if you get hit by a bus on the way to the launch party, you can’t sue me or Drew/fark.

I am of full age and have every right to contract in my own name in the above regard. I have read the above authorization, release, and agreement, and I am fully familiar with the contents thereof. If the undersigned is signing as an agent or employee of a firm or corporation, the undersigned warrants that he/she is fully authorized to do so. This release shall be binding upon the undersigned and his/her/its heirs, legal representatives, successors, and assigns.

You must be 18 years of age to sign this document and not a ward of the state for mental disability reasons.
You are stating you did read what you were signing.
This paragraph states that it is binding upon you and your heirs/successors so that your grandkids can’t come back when we’re printing the 10th edition and say “no you can’t use these pictures anymore”.

[Elsinore]

It’s the grammar nerd and English minor in me, but

the full rights to use such photographs and copyright same, in conjunction with the planned publication of ?The Best of Farktography?.

still parses (to me) as transferring copyright (not license) to you/Drew/Fark. It doesn’t say “on photographer’s behalf” and the word license isn’t used at all. In US copyright law, anything you create is automagically copyrighted to you without the need to file for it, so a book publisher and/or author should not need to copyright something on anyone else’s behalf, merely obtain a license to use. They most certainly need a license, though. I would seriously suggest striking the “and copyright same” language. Or if it must absolutely positively be in there, then perhaps worded as “full rights to use such photographs and copyright same on behalf of the photographer.” It may also be good to add a line specifically saying the photographers maintain all copyrights to their photographs.

[Kestrana]

If anything in the document is still a question to you, feel free to ask here.

If you want to wait on signing the document there is no looming deadline and that is fine. I did ask for clarification from Drew so hopefully that will be back to me in the next day or two.

[Kestrana]

I don’t know for sure that the word copyright needs to be in there and there is enough information to suggest it isn’t necessary. So for anyone who has the same concern as Elsinore why don’t you replace the first paragraph of the form with the following:

I, _________________, the undersigned, being the legal copyright holder to the listed photographs does grant to Carole J. Montague, Drew Curtis and fark.com, their heirs, successors in interest, legal representatives, and agents, the full rights and license to use such photographs in conjunction with the planned publication of ?The Best of Farktography?. I understand I retain the original copyright and may license my work to others.

[Elsinore]

That totally works for me. Thanks for taking all of this on and moving it forward!

[ravnostic]

First, kill all the lawyers.

Just sayin’.

[justkat]

I agree with the concern over the verbiage in a general way, but in this specific instance, I’m fine with this contract. =)

[Kestrana]

np Els. Any other legal questions from anyone just post here and I’ll get back to ya.

[lokisbong]

This seems like a stupid question but my signature goes on the line at the top of the page right? I have never had to sign a contract like this before and just want to get it right the first time.

[Kestrana]

The part where it says “I ___________________, the undersigned” just needs your name printed or typed. Your signature goes in the box at the bottom, above the signature of your witness.

[lokisbong]

oh excellent. That was confusing me for some reason. Thank you.

[lokisbong]

You need all three pages of the form other than the bio part right? because I am having a real hard time with the biography thing. I just suck at writing and I am even worse at describing myself. Its taken me ten minutes just to write this.

[Elsinore]

Email me (EIP) and we’ll get something pulled together for you.

[Kestrana]

The only page I “need” is the signature page. I just need the information contained on the other pages if you simply want to email me your preferences instead of sending back the actual form.

[Kestrana]

I did hear back from Drew that the publisher will likely have a separate legal form we will all be required to sign in addition to the one I have already sent out, but that the one I’ve sent is good for fark and depending on what the publisher says, may end up just sticking with that one.

[Author]

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