View Full Version : Magazine Waiver Forms??
Jagarang
06-24-2009, 10:02 AM
Has anyone ever gotten scared by reading the release/waiver form for any publication for which they were going to be published in??
Steve1968LS2
06-24-2009, 10:33 AM
No...
Get sued a few times for silly reasons and you might want to have a waiver yourself. lol
buickfunnycar.com
06-24-2009, 11:04 AM
Read & signed my share,never worried me too much.
It basically says they own those images and can do with them what they please...
Jagarang
06-26-2009, 04:22 AM
Read & signed my share,never worried me too much.
It basically says they own those images and can do with them what they please...
This is understandable to an extent, but I wonder if they feel that they would then have the right to sell your images/material to say a third party advertiser(i.e. Beer Co., auto products Co., Wheel Manuf. etc). Is that covered under these sorts of waivers, or is it understood that "third party contracting" is another issue?
Jagarang
06-26-2009, 04:23 AM
No...
Get sued a few times for silly reasons and you might want to have a waiver yourself. lol
Don't make me any more nervous than I already am! LOL
maxharvard
06-26-2009, 04:27 AM
This is understandable to an extent, but I wonder if they feel that they would then have the right to sell your images/material to say a third party advertiser(i.e. Beer Co., auto products Co., Wheel Manuf. etc). Is that covered under these sorts of waivers, or is it understood that "third party contracting" is another issue?
If that is in fact what the contract says, then yes, they do have the right to sell the images to whomever they see fit. Magazine, beer ad, nudie magazine ...etc....etc.... The photo is the property of the person who took it, not the stuff in the photo.
Now, if that 'stuff' in the photo is a person in a private setting, that's another matter. If the person is in public, then photos are fair game and don't technically need a release.
What's your concern with the use of the photos? What could they do with a photo of your car that would make you worried?
~Eric
Jim Nilsen
06-28-2009, 10:09 AM
The value of your car goes up as the exposure goes up,so the more places they put it and the more people want to see it ,would not be ripping you off because they are making money off of selling your pics but rather giving you something without charging you for it.
See it for which ever you want to see it but if you think that they are making more than you think they deserve and that you are being cheated out of royalties then the greed of Royalty and the Rich is lurking at your door.
Be glad someone wants to buy pics of you car instead of never wanting to see it !
I can hardly wait for the car to be wanted more than me,lol.
Steve1968LS2
06-28-2009, 11:38 AM
This is understandable to an extent, but I wonder if they feel that they would then have the right to sell your images/material to say a third party advertiser(i.e. Beer Co., auto products Co., Wheel Manuf. etc). Is that covered under these sorts of waivers, or is it understood that "third party contracting" is another issue?
Good question..
We (to the best of my knowledge) would never SELL an image we own to an advertiser.. however, we have given them images before if requested.
critter
06-28-2009, 02:56 PM
Work for hire agreements have always been around. i started as a photographer and half arse writer back in the late 70's. Not much has changed. They want it all and you want to protect your rights. If you have a problem with their work for hire agreement then don't work for them. Either that or negotiate the rights you want for your material. One good thing is that the Supreme Court has steadily come down on the side of the creator of the original content. You have rights so exercise them if you have a problem with it. Just understand that you might not get any work from that source if you don't like their policy.
class67
06-28-2009, 08:12 PM
I would happily sign one myself...
Jagarang
06-29-2009, 06:49 AM
I was just a bit taken aback by the essentially complete stripping of my rights to images, my likeness/comments/statements, etc. The waiver is obviously written by lawyers, which I am not, and is very intimidating to sign. It doesn't just say that the photos are their property; it also includes ANYTHING in their possession (verbal/written/digital). It also states that they can alter the images at their discretion without the "owners" consent or consultation etc.
Just a bit intimidating, I’ve been taken advantage of on my project enough, and just don't want it to happen MORE.
The photos are now the property of the media company and if they choose to give/sell anything, to say Playboy/Hooters/Snap-on/Craftsman for a calendar then as a car owner you don't have a say in the matter. In fact, they could include images of YOU and you couldn't say squat.
You and your car, could be the next spokesmodel for Satanism USA,The National Gay Rights Movement, or the KKK's 200th anniversary calendar !
Obviously extreme examples and not "likely" to happen, but still something to think about
buickfunnycar.com
06-29-2009, 12:30 PM
Good question..
We (to the best of my knowledge) would never SELL an image we own to an advertiser.. however, we have given them images before if requested.
And that does happen of course...as it did when my car appeared on the cover of a Pace performance catalog.
They asked Henry D for some images and he lent them those.
maxharvard
06-29-2009, 12:54 PM
You and your car, could be the next spokesmodel for Satanism USA,The National Gay Rights Movement, or the KKK's 200th anniversary calendar !
Obviously extreme examples and not "likely" to happen, but still something to think about
Pffttt... You make it sound like the KKK is a bad thing!
LOL, i kid i kid!!!
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