STORM TRACK: January 31, 1978 (Volume 1 Issue 2)

Photo Researchers, Inc. 60 East 56th Street, New York, New York 10022

This organization was referred to me by publishing acquaintances in New York. I wrote PR for additional information and received a very positive letter of response, along with a 4-page "Standard Photographers Exclusive Agency Agreement." The letter of December 29, from Jane S. Kinne, indicated "extreme interest ... Weather is one of the most commonly asked for subjects of a photo library such as ours." They accept only positive color transparencies and 35 mm are preferred, provided they are originals. Duplicates are specifically excluded. The "Agreement" (or contract) is required of every photographer who participates in their referral service. They "do not purchase any rights; whatsoever" but reimburse for the portion of each reproduction right that is sold. Copyrighted slides are accepted, provided that information on the nature of the copyright is accurately presented to them. It is requested that photographers "do not make use of any other commercial agency but if they are writing articles and submitting them direct, that is perfectly all right." However, PR should know of any rights sold on pictures that they hold. Unless submissions are previously copyrighted, PR applies the "universal copyright." At the end of the contractual agreement, all original color is returned to the photographer. However, PR assumes no liability for failure to return, owing to loss or damage "through normal use." The range of compensation depends entirely on the use and not on the nature of the photograph; minimum you could receive might range from $50 to an average of $l5O, with some going "much, much higher if they are in advertising." Here is a summary of the "Agreement."

PR is the "sole and exclusive" agent for the sale or lease of your photography. Sales are infrequent but -if a prospect- the photographer is contacted for his/her release (transfer of ownership). Compensation will be "(50%) of the total net sum billed and collected by [PR minus] an initial $25.00 registration fee deductible from the first sale." Some additional incidental costs may be charged to the photographer's account for such items as initial copyright procedures for unregistered work, protective sleeves for unprotected slides, etc. --- The photographer agrees to "refrain from actively soliciting or selling" directly to customers to whom PR has introduced him. Initially, slides should be sent to PR in protective sleeves, with brief descriptive captions along with the signed agreement. All slides are returned with certain ones checked for resubmission with complete descriptions, copyright information, and "model releases" for any individuals in the pictures. "Release" forms can be requested from (or will be sent by) PR. The photographer must certify as to his exclusive ownership of submissions "delivered ... now and in the future." If submissions are not already copyrighted, PR can do so either in its name or the photographer's. If the former is done, PR agrees to "reassign such copyright" to the photographer upon his request. The photographer agrees "to resume all responsibility for all claims resulting from erroneous and inaccurate information supplied ... regarding ownership, caption information and model releases "In the event of damage, destruction, loss or unauthorized use" of photography by their customers, PR has full authority to "make claims or institute suit" in the photographer's name. Recovery therefrom is divided 50/50 after deducting for legal fees, etc. However, PR is not liable "for any loss or damage" unless caused by PR's own "gross and willful negligence." Black and white prints are not returnable. There is a clause that the photographer agrees to contribute new pictures on a regular basis and agrees to follow PR's "ideas and suggestions with regard to producing photos that are saleable" or an "annual file maintenance charge" will be assessed. Additional inquiry to PR indicates this is not, binding on the photographer and assessments normally are not made. The intent is to discourage the casual submitter of 2 or 3 pictures, who they don't hear from again for five years. The agreement specifically says that this "does not constitute an employment agreement" between PR and the photographer, and that his status is"solely that of an independent contractor." --- The agreement is for a minimum of 5 years and automatically renewable for a like period unless terminated by either party 60 days before the expiration date. Submissions remain with PR during the 5 years from the date of the agreement, with up to 3 years allowed for return of submissions upon recall. Cost of earlier retrieval (usually minimal) is borne by the photographer.