Nature Photographers Network
This is the preserved archive of the original Nature Photographers Network. The community continues at naturephotographers.network.

Non-disclosure agreements, licensing

Discussion

2 replies
Posted by Larry Gloth on January 10, 2008 at 10:06 PM
An advertising agency is interested in using the sky from a photo in an ad campaign. They would like me to sign a non-disclosure agreement before they can give me any more info. This seems fair to me. They also would like unlimited worldwide rights for a year.

I don't have any experience in this area, can someone please give me some guidance on whether I should sign the NDA and if worldwide rights for a year is something I should entertain. If so, what should I expect in return?
Thanks in advance.
-L
Posted by Nancy J. Wagner on January 11, 2008 at 1:05 AM
Larry, I find it interesting that the ad agency wants you to sign a non-disclosure to use part of a photo... I guess the best thing to do is read the NDA, find out what kind of payment they want for 1 year of worldwide rights, then decide if it works for you. What I don't get is why they can't just tell you, without the NDA, what they'll pay you for the rights...after all, isn't that what's important? I'm wondering why they need to give you all the "details" about what they need the photo for...they can tell you it's for an ad campaign, how many prints, etc., without requiring an NDA. Just sounds a bit odd to me...and that's experience from having worked in an ad agency (and now I own a small one). I'm usually willing to sign a non-disclosure with a business that has a brand new concept or one that feels their idea can be stolen, but unless I plan to explain everything to my vendors, I wouldn't expect them to sign non-disclosures...unless they felt the info was required to complete their work for me.

Just my two cents worth.

Nancy

Posted by Hank Pennington on January 11, 2008 at 6:10 PM
Actually NDAs are pretty common in ad development. I suspect that's what they are aiming at, though I would double check that it doesn't also overlap into discussions of photo licensing. I'd sure like to have the opening to present the contract to my attorney before signing it. As for contract terms, sorry to say this but the sky's the limit..... :biggrin: