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For more information, contact:
Eugene Mopsik, Executive Director
American Society of Media Photographers
Phone (215) 451-2767
Email mopsik@asmp.org
ASMP Issues Critique of Condé Nast Photo Contract
December 3, 2004 — The American Society of Media Photographers has published a statement that is highly critical of Condé Nast's newest contract for freelance photographers. Although that contract ostensibly allows photographers to retain their copyrights, it comes very close to assigning all the rights to Condé Nast — not just for the images that are selected for publication, but also for the outtakes.
In particular, the contract gives Condé Nast an exclusive on all the images taken as part of the assignment. The exclusive lasts for 90 days from first publication — or, for a cover story, a full year. Unpublished images, however, remain embargoed indefinitely.
Even after the publication embargo has expired, the contract denies the photographer the right to use the photos for commercial or advertising purposes without Condé Nast's consent.
Perhaps the most interesting clause is the one that forbids the photographer from showing any of the images, before they are published, to persons outside of Condé Nast — explicitly including the people being photographed!
The full text of ASMP's analysis is posted at www.asmp.org/condenast.
ASMP encourages all photographers to carefully evaluate on an individual basis the value of a working relationship with Condé Nast publications. There may still be some value to providing images for the short term; however, a long-term relationship appears to have little to offer the photographer unless you are able to negotiate your own unique agreement.
Condé Nast publishes the following magazines in the United States: Allure, Architectural Digest, Bon Appetit, Bride's, Cargo, Condé Nast Traveler, Details, Elegant Bride, Glamour, Golf Digest, Golf for Women, Golf World, Gourmet, GQ, House & Garden, Jane, Lucky, Modern Bride, The New Yorker, Self, Teen Vogue, Vanity Fair, Vogue, W, and Wired.
About ASMP
Founded in 1944, the American Society of Media Photographers (ASMP) is the leading trade association for photographers who photograph primarily for publication. ASMP promotes photographers' rights, educates photographers in better business practices, produces business publications for photographers, and helps buyers find professional photographers. It has more than 5,000 members, including many of the world's greatest photographers, in 40 chapters nationwide.