Small town newspaper offering fundraise calendar gig

George Lama · 09-30-2007, 04:51 PM

Hey folks,

Need your advice on a gig:

Our small town paper does a fundraising calendar to benefit a local charitable organization and wants us to volunteer our services. The deal is people submit their baby photos then after a certain period of time they publish the photos and have the public vote on "the cutest baby."

The top 12 winners get a photo session with us to take the calendar photo (at no charge).

In return we get free advertising in the calendar as the sole photography studio, free advertising in the paper throughout the contest period, and the opportunity to sell photos to the parents.

Here's the part of the "contract" letter we have a problem with:

XXX Newspapers will be responsible for the production and printing of each calendar and all featured photos will be owned solely by the XXX Newspapers. Any other photos taken of the winning children will be owned solely by the photographer.

I have two issues with this:
a) Giving the rights away to the paper without any stipulation as to attribution, fair use, etc.
b) What if (and I'm sure it will happen) the parent wants the photo that ends up on the calendar? How can I tell the parent, "Sorry, it's your kid, but the newspaper owns the photo so legally I can't give it to you."

I'm thinking of pushing back on the paper to tell them my conditions. Am I right in asking for this? Or is this standard when dealing with papers?

Oy... Sometimes I'd rather get paid for photographing hornets...

Last edited by George Lama; 09-30-2007 at 04:57 PM. Reason: Clarification

**jfdavis58** · 09-30-2007, 05:37 PM

I'm not a lawyer--that's really what you need, so pay for one!

I am an engineer with a fair amount of contract experience. This is a standard contest contract/agreement-the sponsor want the photo-lock, stock and barrel; you keep everything else AND get a substantial (?!?!)amount of exposure and advertisement in/as compensation. Is that compensation enough? Weigh it against paying for your own exposure/advertisement expenses and the cost of a single portrait. Personally I think you're getting a fair but standard deal. Beyond that see the first paragraph.

Originally posted by Frogroast

Hey folks,

Need your advice on a gig:

Our small town paper does a fundraising calendar to benefit a local charitable organization and wants us to volunteer our services. The deal is people submit their baby photos then after a certain period of time they publish the photos and have the public vote on "the cutest baby."

The top 12 winners get a photo session with us to take the calendar photo (at no charge).

In return we get free advertising in the calendar as the sole photography studio, free advertising in the paper throughout the contest period, and the opportunity to sell photos to the parents.

Here's the part of the "contract" letter we have a problem with:

XXX Newspapers will be responsible for the production and printing of each calendar and all featured photos will be owned solely by the XXX Newspapers. Any other photos taken of the winning children will be owned solely by the photographer.

I have two issues with this:
a) Giving the rights away to the paper without any stipulation as to attribution, fair use, etc.
b) What if (and I'm sure it will happen) the parent wants the photo that ends up on the calendar? How can I tell the parent, "Sorry, it's your kid, but the newspaper owns the photo so legally I can't give it to you."

I'm thinking of pushing back on the paper to tell them my conditions. Am I right in asking for this? Or is this standard when dealing with papers?

Oy... Sometimes I'd rather get paid for photographing hornets...

09-30-2007, 04:51 PM	#1
George Lama Veteran Member Join Date: Jun 2007 Location: Buffalo/Rochester, NY Photos: Albums Posts: 1,133	Small town newspaper offering fundraise calendar gig Hey folks, Need your advice on a gig: Our small town paper does a fundraising calendar to benefit a local charitable organization and wants us to volunteer our services. The deal is people submit their baby photos then after a certain period of time they publish the photos and have the public vote on "the cutest baby." The top 12 winners get a photo session with us to take the calendar photo (at no charge). In return we get free advertising in the calendar as the sole photography studio, free advertising in the paper throughout the contest period, and the opportunity to sell photos to the parents. Here's the part of the "contract" letter we have a problem with: XXX Newspapers will be responsible for the production and printing of each calendar and all featured photos will be owned solely by the XXX Newspapers. Any other photos taken of the winning children will be owned solely by the photographer. I have two issues with this: a) Giving the rights away to the paper without any stipulation as to attribution, fair use, etc. b) What if (and I'm sure it will happen) the parent wants the photo that ends up on the calendar? How can I tell the parent, "Sorry, it's your kid, but the newspaper owns the photo so legally I can't give it to you." I'm thinking of pushing back on the paper to tell them my conditions. Am I right in asking for this? Or is this standard when dealing with papers? Oy... Sometimes I'd rather get paid for photographing hornets... Last edited by George Lama; 09-30-2007 at 04:57 PM. Reason: Clarification

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09-30-2007, 05:37 PM	#2
jfdavis58 Site Supporter Join Date: Nov 2006 Location: 13 S 0357397-3884316 Photos: Gallery Posts: 887	I'm not a lawyer--that's really what you need, so pay for one! I am an engineer with a fair amount of contract experience. This is a standard contest contract/agreement-the sponsor want the photo-lock, stock and barrel; you keep everything else AND get a substantial (?!?!)amount of exposure and advertisement in/as compensation. Is that compensation enough? Weigh it against paying for your own exposure/advertisement expenses and the cost of a single portrait. Personally I think you're getting a fair but standard deal. Beyond that see the first paragraph. Originally posted by Frogroast Hey folks, Need your advice on a gig: Our small town paper does a fundraising calendar to benefit a local charitable organization and wants us to volunteer our services. The deal is people submit their baby photos then after a certain period of time they publish the photos and have the public vote on "the cutest baby." The top 12 winners get a photo session with us to take the calendar photo (at no charge). In return we get free advertising in the calendar as the sole photography studio, free advertising in the paper throughout the contest period, and the opportunity to sell photos to the parents. Here's the part of the "contract" letter we have a problem with: XXX Newspapers will be responsible for the production and printing of each calendar and all featured photos will be owned solely by the XXX Newspapers. Any other photos taken of the winning children will be owned solely by the photographer. I have two issues with this: a) Giving the rights away to the paper without any stipulation as to attribution, fair use, etc. b) What if (and I'm sure it will happen) the parent wants the photo that ends up on the calendar? How can I tell the parent, "Sorry, it's your kid, but the newspaper owns the photo so legally I can't give it to you." I'm thinking of pushing back on the paper to tell them my conditions. Am I right in asking for this? Or is this standard when dealing with papers? Oy... Sometimes I'd rather get paid for photographing hornets...