Should I be bothered by this contract phrase....

lxdude · Sep 14, 2011

nhemann said:
an incidentally, by interesting - I mean kinda hot. ahahaha... http://www.communityzoe.com/cgi-bin/check_who.cgi?Rael - they are nice photos though.

Ah, but is Rael real?

brucemuir · Sep 14, 2011

rthomas said:
My understanding is that legitimate users will want to license the image for specific usage(s).

That's the way it was before digi.
Now, photography has no worth so they expect unlimited in perpetuity.

Leigh B · Sep 14, 2011

lxdude said:
Ah, but is Rael real?

Yes Rael is real, most definitely.

And female, most definitely.

- Leigh

Leigh B · Sep 14, 2011

Re the original question...

I would not even respond to the inquiry. Just delete it.

- Leigh

Monito · Sep 14, 2011

nhemann said:
The text: In return for the unrestricted use of my image(s) as granted to (production company), I shall receive a pro
rata share of 25% of net proﬁts generated by Avena Productions from all sales of my image(s).

Any profit sharing agreement like this is not legitimate business. Such "profits" can't be defined and they can't be audited.

removed account4 · Sep 14, 2011

brucemuir said:
That's the way it was before digi.
Now, photography has no worth so they expect unlimited in perpetuity.

but that is the story of what photography is today
ad agencies and other folks who need / want to
obtain usage for photographs scour flicr and other places
and craft bias waivers for a buy-out or use in an annual report &C
for a fraction of what a professional would charge himself
or through a stock-house.

i wouldn't be surprised if the person who wrote was real
and she was asking for what her boss/es told her to ask for ...

lxdude · Sep 14, 2011

Leigh B said:
Yes Rael is real, most definitely.

And female, most definitely.

- Leigh

But is that really Rael?

Hikari · Sep 14, 2011

A usual release for an e-book is for a set time like five years and only for that publication.

BrianL · Sep 14, 2011

Get used to requests for SSNs. Current IRS code requires the seller of products and services to provide to the purchaser their FEIN or SSN and for the buyer to issue a 1099 if in the calendar year they pay $600 or more. The law is written so that even when you go into a Staples, they will need to provide their FEIN to any buyer. Also, the law covers things like landlords having to issue 1099s, accountants and lawyer, the same. The law's application was extended to start in 2012 so it is coming up. In the past year, I've had many client's call about requets to fill out the form W-9 that is required by the IRS to be completed and submitted the buyer by the seller. A provided can use a substitute to the W-9.

No phone #, no email address, no deal. You may want to check with the Sec'y of State to see if there is a registered company and its addess and registered agent.

Monito · Sep 14, 2011

BrianL said:
Get used to requests for SSNs. Current IRS code requires the seller of products and services to provide to the purchaser their FEIN or SSN and for the buyer to issue a 1099 if in the calendar year they pay $600 or more. The law is written so that even when you go into a Staples, they will need to provide their FEIN to any buyer. Also, the law covers things like landlords having to issue 1099s, accountants and lawyer, the same. The law's application was extended to start in 2012 so it is coming up. In the past year, I've had many client's call about requets to fill out the form W-9 that is required by the IRS to be completed and submitted the buyer by the seller. A provided can use a substitute to the W-9. No phone #, no email address, no deal. You may want to check with the Sec'y of State to see if there is a registered company and its addess and registered agent.

USA.

hoshisato · Sep 19, 2011

Well apparently there is an Avena Productions . com website now, but the moment I click on it, my PC Tools Spyware Doctor blocks access and classifies it as a "Known Bad Site" with as risk level of High.

nhemann · Sep 19, 2011

It would seem my initial skepticism was well founded. This will apparently not be a first step on my journey to the Getty. lol

Avena Productions · Sep 20, 2011

Thanks for bringing these issues to our attention. It’s been useful feedback and we’ve modified our release based on the remarks contained in this thread. It was never our intention to do anything aside from showcasing photographer’s work through a community-based digital publication, and we apologize if our communications did not represent that. As this is a new venture, our website is still being built and has yet to launch. Please rest assured that we plan on moving forward only with the best intentions and that our hopes have been to provide a new outlet and exposure for peoples work.

pbromaghin · Sep 20, 2011

Theeeeeyyyyyyy'rrrrrrrrrre watching.

Should I be bothered by this contract phrase....

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