Videographers Release Generic

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[Date]

[Producer’s Name and Address]

Dear Mr. ________________ ,

The following, when signed by us, will constitute the parties’ agreement:

1. In consideration of the promises and undertakings contained herein and for other
good and valuable consideration, the parties agree that the undersigned
videographer (“Videographer”, “I”, “me” or “my” herein) will shoot digital video,
as a specially commissioned “work for hire” (as that phrase is used in the U.S.
Copyright Act), of all scheduled performances, participants and activities of
______________ at its 2011 Concert to be held on the ___day of ___________, 2011
at the _______________ in ____________________ as directed by you and/or other
persons authorized by you.

2. As full and complete payment for said services, _____________ agrees to pay, and
I agree to accept, the flat fee of $____________ (U.S. Dollars). If the space in the
preceding sentence is left blank, then I will not be entitled to receive any
compensation for my videographic services hereunder. Payment, if any, will be due
upon my delivery to you of all video footage, and derivatives therefrom, including
still photographs and videographic and photographic materials embodying visual
images taken by me at the said Concert. Said video footage, photographs and
materials will be delivered by me to the you promptly upon the conclusion of the
said Concert. Said video footage shall be embodied on media that is capable of being
fully edited. The phrase “Materials” includes all copies, film, prints, transparencies,
negatives, digital memory devices and media, computer disks, etc. containing visual
images filmed or taken by me at the said Concert. Notwithstanding the foregoing, I
shall be entitled to retain one copy of all said film and Materials for archival non-
commercial non-public purposes only.

3. To the extent the work to be undertaken hereunder may not qualify as a work for
hire, I hereby grant and convey to you and your assignees, if any, a perpetual
exclusive license in and to said video footage and Materials to use the same in all
media (including electronic and Internet media) and in any manner as you
determine, in your sole discretion. Furthermore, I hereby irrevocably convey to you
and your assignees, if any, all copyright (including so-called “moral rights”,
neighboring rights and other rights under the VARA (and other) provisions of the
U.S. Copyright Act) in and to all video film, photographs, digital media and other
Materials of every kind and description containing visual images taken by me at the
aforesaid Concert. The sole author and owner of such works under Title 17, U.S.
Code shall be you and/or your assignees or designees, if any. To the extent permitted
by law, I hereby irrevocably waive all rights of reversion under Sections 203(a) and
304(c) of the United States Copyright Act and their foreign counterparts. You and
your assignees, if any, may perform, exhibit, display, print, publish, edit, reproduce
in copies, distribute, sell, rent, dispose of and/or disseminate such visual works and
Materials to the public without any compensation that might otherwise be payable
to me or to any person claiming under me, except for the compensation, if any, set
forth in paragraph 2 above. I hereby give you and/or your assignees, if any, the
right (without the obligation) to use my name, biographical information, and
likeness in connection with the foregoing activities.

4. At my sole expense, I will supply all necessary digital and analog cameras, film,
photographic storage media, tripods, lighting equipment and other supplies and
equipment required to carry out this assignment. I agree that time is of the essence
and that I will perform the work contemplated by this Agreement in a timely and
first class manner. I agree that I will solely bear all risk of loss, theft and damage to
my cameras and other equipment brought to the said Concert and that I will
maintain liability insurance fully covering such equipment from said risks.

5. The term of this release, license and conveyance is perpetual and irrevocable. It
shall apply to all works mentioned above, regardless of the media in which such
works are distributed (including electronic, Internet and website distribution) and
whether or not such works are commercially distributed.

6. My services hereunder will be performed in my capacity as an independent


contractor. I will be solely responsible for payment my own income and withholding
taxes, VAT and other applicable taxes, workers compensation insurance, pension
contributions and other benefits.

7. Any disputes that may arise under this Agreement shall be resolved by binding
arbitration (single arbitrator) under the auspices and Commercial Arbitration
Rules of the American Arbitration Association situated solely in Palm Beach
County, Florida, USA. The prevailing party will be entitled to recover its/his
reasonable attorneys’ fees and costs from the other side. The arbitrator’s award
shall be binding and conclusive upon the parties. Notwithstanding the foregoing,
any dispute arising under the U.S. Copyright Act shall be resolved by the United
States District Court in Palm Beach County, Florida, USA which Court shall have
sole and exclusive venue and jurisdiction over the parties and subject matter hereof.
The parties agree that U.S. (federal and Florida) substantive law shall govern and
control the judicial interpretation, enforcement and effect of this Agreement,
regardless of choice of law rules that would otherwise be applicable.

8. This is the complete agreement of the parties. All prior and contemporaneous
understandings are merged into this document.

Very Truly Yours,

______________________
[Name of Videographer]

_______________________________
[Address of Videographer]

AGREED AND ACCEPTED:

PRODUCER [Name]:

By: ______________________________
(Authorized officer or representative)

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