THINGS U SHOULD KNOW Part (4) : Third Party Distribution Rights

Continuing parts (1) , (2) , (3) , where we discussed copyrights , licensing , and royalty free , today we discuss third party distribution rights .

What are "third party" distribution rights and why should I care?

By law, the right to control and profit from the distribution of images lies with the copyright holder. Many clients' contracts will attempt to claim that right for the client, as in, " the right to reproduce, distribute, adapt or display [the image]", or the right to, " transferorsublicense [the image]". By allowing this language to stay in a contract, you are effectively agreeing to allow the client to re-sell your images, perhaps even in direct competition with you, and keep the fee!These contracts ridiculously attempt to claim that because the client has licensed the use of the image once, or even paid for its original creation, that the client then has the right to continue to profit from the image in the future. This is in direct conflict with both the intent and the letter of US Copyright Law and should be stricken from every contract.
The only time a clause like this should be allowed to stand is when you are intentionally allowing a third party to act as your agent, on your behalf, and when there is a specific agreement spelled out for the sharing of both responsibilities and revenues. A typical assignment, and especially stock sale, has no business including a rights-grabbing clause demanding third party rights. To protect help yourself, be sure that you include language to the effect, "No third party rights are granted and this agreement may not be assigned, transferred, or sold, in whole or in part. By granting this license, photographer in no way relinquishes, assigns, transfers, or sells his/her copyright," on everyestimate, contract, usage license, and/or invoice as appropriate.

Article fom : Editorial Photo