Hi,
I am considering uploading my audio tracks to iStockphoto as a contributor (i.e, earn money by selling my works). I have read their "ARTIST'S SUPPLY AGREEMENT (NON-EXCLUSIVE)", and I got few questions regarding some of their paragraphs. I would be happy if someone can help me with these:
1. paragraphs 2c – what does it mean ?
2. paragraphs 3a section iv – does it mean iStockphoto can add instruments, cut, remix, edit or do anything they want to my work ?
3. paragraphs 3d – does it mean that even if I decide to end the contract with iStockphoto, they can continue selling my audio track as part of a "collection" ? what does it mean collection ?
4. paragraphs 4b - does it mean iStockphoto can sell my audio track without attributing my name as the creator ?
5. NOTICE section after paragraph 7b – does it mean iStockphoto will not stand for me if my audio rights are breached by anyone ?
6. paragraphs 15b – does it mean that if by any reason iStockphoto cause me damages, I actually give up any rights to sue them by a decent trial and give up the right to take any action in the media against them ?
ARTIST'S SUPPLY AGREEMENT (NON-EXCLUSIVE) link
iStockphoto contributor license agreement questions
Re: iStockphoto contributor license agreement questions
TerryBB wrote: 1. paragraphs 2c – what does it mean ?
This clause is ambiguous. Maybe the intention is to preclude the direct license of material by you to end users i.e to cut out iStockphoto. However, as it stands it seems to limit any licensing of the material to third parties notwithstanding the agreement is non exclusive.
TerryBB wrote:2. paragraphs 3a section iv – does it mean iStockphoto can add instruments, cut, remix, edit or do anything they want to my work ?
Yes. That's my reading of it. It's intended to cover all eventualities but in reality, I doubt that additions will be made. More likely cut downs and edits.
TerryBB wrote:3. paragraphs 3d – does it mean that even if I decide to end the contract with iStockphoto, they can continue selling my audio track as part of a "collection" ? what does it mean collection ?
Again, it's ambiguous. It's common to include terms which a) allow for any licenses started whilst the contract was active but that continue beyond termination and b) any passive uses in perpetuity. However, once again, the apparent effect of this clause is very open ended.
TerryBB wrote:4. paragraphs 4b - does it mean iStockphoto can sell my audio track without attributing my name as the creator ?
Yes.This is my understanding.
TerryBB wrote:5. NOTICE section after paragraph 7b – does it mean iStockphoto will not stand for me if my audio rights are breached by anyone ?
They are not obligated to do so.
TerryBB wrote:6. paragraphs 15b – does it mean that if by any reason iStockphoto cause me damages, I actually give up any rights to sue them by a decent trial and give up the right to take any action in the media against them ?
It reads as such but I would think that this would be difficult to enforce. That said, in any litigation, it may present an 'extra' legal hurdle to overcome and thus add to potential legal fees.
NB The above is my personal opinion only. You should seek proper legal advice.