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Nielsen improves contract terms

April 17, 2007 — Nielsen Business Media (formerly VNU Business Media, Inc.) and ASMP have reached accord on a new Nielsen Photographer/Artist License agreement. Among the specific changes are:

• Standard use rights are more clearly defined.

• The contract provides for a prepaid supplemental 15% fee to cover expanded usage of the images, such as when Nielsen publications are supplied to database content aggregators and editorial licensees of Nielsen content.

• The agreement does not convey usage rights retroactively; it covers only uses going forward.

• Promotional reprint rights are separate, and fees for using images in reprints will be negotiated case by case between the photographer or artist and the reprint vendor.

In addition, the agreement no longer calls for photo and art contributors to indemnify Nielsen in the event of a third-party lawsuit. Instead, it provides that contributors will cooperate fully with Nielsen if a lawsuit involving an image is brought against the company.

Here is the full text of the agreement terms (PDF file, one page, 33 KB).

Lauren Wendle, the publisher of PDN, was instrumental in working with all parties to create the new contract.

Nielsen Business Media publishes 42 magazine titles, including Adweek, Billboard, The Hollywood Reporter and Photo District News. It produces more than 60 trade shows (including PhotoPlus Expo) and offers 185 online information services. The Nielsen parent organization also has other divisions, including ACNielsen, the TV ratings firm.