Samples of unfair contractual clauses
To mark World Book and Copyright Day on 23 April, the IFJ compiled samples of unfair contractual clauses that deprive journalists from their authors' rights.
Axel Springer, Germany
1. Der Verlag hat das einfache, zeitlich, räumlich und inhaltlich unbeschränkte Recht, die Beiträge im In- und Ausland in körperlicher und unkörperlicher Form digital und analog zu nutzen.
1. The publishing house has the simple, unlimited right when it comes to time, place and content to use the works home and abroad in physical or virtual form in digital and analogue way.
Bauer Media, UK
5. By signing and returning this agreement to us, you irrevocably and unconditionally assign to us in perpetuity by way of present assignment of present and future copyright, the entire copyright and all other rights and title of any kind that you have in the Commissioned Works throughout the world (including any amendments and extensions to that copyright). You hereby irrevocably waive any and all moral rights you have in the Commissioned Works to the fullest extent possible throughout the world.
Getty Images, France
6. OWNERSHIP OF IMAGES. Unless otherwise clearly specified in a written agreement duly executed on behalf of Getty Images with respect to a particular Shoot, Getty Images (or its assigns) shall own and retain all right, title and interest in and to the Work Product, including all Images. All Work Product will be deemed a “work made for hire” under the U.S. Copyright Act (17 U.S.C. §§101 et seq.) or any other equivalent copyright law, the copyright(s) for which shall belong solely to Getty Images and its successors and assigns. To the extent that the foregoing is not sufficient to vest 100% ownership of the Work Product and all related intellectual property rights in Getty Images, then you hereby irrevocably sell and assign to Getty Images all rights, title and interest in and to the Work Product and any derivative works thereof (including all copyrights), for all uses and all purposes in any medium now known or hereafter devised, and for all causes of action, either in law or in equity for past, present or future infringement of such rights, throughout the world. Such assignment of rights to the Work Product will be free from the payment of any royalty or further compensation other than the Compensation.
Toronto Star, Canada
1. In consideration of the fee paid by the Publisher for a particular Work, the Freelancer hereby grants to the Publisher and to each of its affiliates, an irrevocable, perpetual, worldwide, royalty-free non-exclusive license to: (i) publish, communicate to the public and distribute copies of the Work in any publications or properties of the Publisher or any of its affiliates; and (ii) reproduce, publish, republish, compile, prepare derivative works from the Work (including use of the Work for marketing purposes by the Publisher and its affiliates) and, so long as such rights are exercised either (A) in association with the name of the Freelancer and the Publisher (or its affiliates, as applicable) or (B) as part of a database or archive of any of the publications or properties in (i) above or in products derived from any of them, sub-license or authorize others to exercise the above rights in this paragraph 1, in any medium, context or form whatsoever, and by any means or technology, whether now known or developed in the future.
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