I just sat down to do a show app on Zapp and the following came up in the agreement:
"I hereby grant (non-profit show promoter) a non-exclusive and royalty-free license to use any jury image that I have submitted or will in the future submit to the (show) for their promotional, publicity and charitable fundraising purposes which include expressly, but are not limited to, reproduction on promotional and publicity materials for the (show) and chariable fundraising materials (including hats, t-shirts, coffee mugs and similiar items that would be given away in exchange for a donation..."
I get the promotional part - no biggie. It's pretty much in every show app and why wouldn't I want to help promote the show. But an unlimited, royalty-free license to reproduce my work on T-shirts and coffee mugs? Does anybody else have a problem with this? I don't want to be a (expletive) about this, but I'm paying a jury fee, a booth fee if I'm accepted, driving across 2 states to get your show with gas approaching $3 per gallon, AND you want to sell my work on coffee mugs to raise money without paying me a royalty? Good grief.
From what I've read this can be an OK to good show, and the non-profit running takes very good care of the artists. But if I agreed to this kind of contract not only would I kick myself, but so would my husband, my lawyer and my accountant. It would be nice if a show put this kind of info in the prospectus proper in addition to the agreement page on Zapp. It would make research a whole lot easier.
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Oh can I tell you stories about "charities" asking for freebies. The thing is it is one thing for one non-profit to ask another non-profit for a "freebie", however it a "charity" asks a for profit for something for free and DOES NOT offer anything like recognition - say a bigger space (discounted - free would be nice), or written info of who did the image... then they get all huffy and upset. What makes charities think artists are non-profits and willing to do things for free? It might be one thing once you get in and the organizer says the jury was really impressed with your photos that they'd like permission to use them in press releases - that is one thing, but to make money off your expense - NO WAY!!!
I have seen a charity "craft show" organizer confront a craft friend of mine and asked her how she made what she made. Without much detail she obliged. Two weeks later this friend goes to the craft show and finds they are demonstrating and selling what she makes. She confronted them that she never gave permission to copy and make money off her expense. The stopped after much arguing and throwing the "copyright" word around.
Also, in my part-time job, I often get charity organizer phone calls saying they are trying to raise money for "xyz" and could they donate money for their cause , say for a raffle. The owners policy is never give money but offer something equivalent in price in products to get their name out - which has worked in the stores favor. Many are not happy with that offer and are just sour pusses about it throwing the "it will be a tax write off - people usually like that"... Never mind the 100's of non-profit requests they owners get a year and can't donate to everyone - a for profit needs money to survive. Non-profits like charities should understand that or find a different type of way to raise funds.
I know it sounds like I am very poo-poo on charities - I support them, but I too can't support them all.
Jim Dalton > Michelle SholundJanuary 30, 2011 at 4:19pm
We operate a non-profit organization. It was not intended to be that way, but it is!
Larry: Thanks. I'll try contacting WESTAF via Zapp. The charitable thing is a pet peeve of mine, too, as is the semi-forced donation of a work to get into a show. I like to decide which charities and organizations to support according to my values. And my husband pointed out that the way this contract is worded that you don't have to be accepted to the show for them to use your images royalty-free. They can use any jury images from anyone.
Paul: Glad to know it's not worth the trip. I can quit feeling crappy about it now. Thanks!
Ruth: I doubt my lawyer would touch it after the fact - he's a pretty ethical guy, which is why I like him so much. If he did there would be a very a substantial retainer required. And after my years working in compliance and regulation in government I much prefer to not step in this kind of mess in the first place.
They get all of the benefits but I bet if they used something of yours and you got a good lawyer any contract can be broken especially if it was big money. I think they are the only ones that do it. I don't really like them...
I figured someone would ask, but I was trying to be nice and not mention them by name. It's Art and Air in St. Louis.
Larry Berman > Jacqueline WebsterJanuary 29, 2011 at 5:17pm
They have to be told that artists own the copyright of their work and they cannot put royalty free license to their images in their contract. ZAPP needs to be notified, though they may not do anything. But they are a government funded organization that distributes grant money to the arts. I think someone in the show office has been spending too much time on Flickr.
Here's their contract:
*************
I understand that Art & Air (the Fair), the City of Webster Groves, Eden Theological Seminary, and all sponsoring organizations and their directors, officers, employees, agents and volunteers are not responsible for any loss or damage to property owned, displayed or sold by the registrants of the fair or any injury resulting to others. I agree to hold each of them harmless from any such claims for damage, loss or injury arising out of my participation in the fair.
I agree to abide by the terms and conditions set forth in this registration and established from time to time by the fair and further understand that failure to do so may result in the loss of my space at the fair, forfeiture of my registration fee and liability for any actual or consequential damages.
I hereby grant the Fair and Webster Community Arts Foundation (Foundation) a non-exclusive and royalty-free license to use any jury image that I have submitted or will in the future submit to the Fair or Foundation for their promotional, publicity and charitable fundraising purposes which include expressly, but are not limited to, reproduction on promotional and publicity materials for the Fair and chariable fundraising materials (including hats, t-shirts, coffee mugs and similiar items that would be given away in exchange for a donation to the Foundation) for the Fair and Foundation. **********
The other issue I have is why do they think that if they use the word charitable, they don't have to compensate for what they use.
Linnea Lahlum > Larry BermanJanuary 29, 2011 at 7:49pm
Notice they don’t even distinguish between using the jury images of the accepted and of the rejected. So you could be rejected, and they are still granted themselves the right to use them. If rejected, and you therefore didn’t even do the show, you would be paying them to use your work.
This isn’t very common, is it? I’ve seen using images to promote the show, but not to sell on trinkets. Not to mention, if you tried to sell a coffee mug with your work on it, you’d probably get in trouble.
I’ve actually applied to this show, though I’ve never done it. Not recently, but it makes me wonder if they have stuff with images of my work on it.
This is not common at all, which is why I pointed it out. Usually it's something like you get chosen to be the artist for the poster and there's some kind of quid pro quo from the show: a free booth space, ribbon/award, cash, contract for the reproduction - something. This is just simply, "We're taking your work and giving you nothing - thanks!" And not that this would necessarily happen, but theoretically you could be competing against yourself in this situation. You could be trying to sell your work in your booth when shoppers could just walk to the show booth and pick up the same image on a T-shirt for $10.
There is no time limit on the contract. You may want to check your old contract with them. This is my first time looking at the show, so I don't know how long this policy has been in effect.
Geoff Coe > Larry BermanJanuary 29, 2011 at 6:17pm
You've hit a nerve with me on this one, Larry. Wildlife organizations are notorious for soliciting my wildlife work for charity purposes (they're all 501(c)3 dot-orgs) and don't want to pay a dime but "will give me a byline." One outfit wrote a very nice letter making a request to use my photograph on banners throughout their park, but mentioned that they "paid the graphics company for the signage." Why they thought I would give them rights to the image for free, I'll never know, but when I requested payment for same, I never heard back from them.
Replies
Oh can I tell you stories about "charities" asking for freebies. The thing is it is one thing for one non-profit to ask another non-profit for a "freebie", however it a "charity" asks a for profit for something for free and DOES NOT offer anything like recognition - say a bigger space (discounted - free would be nice), or written info of who did the image... then they get all huffy and upset. What makes charities think artists are non-profits and willing to do things for free? It might be one thing once you get in and the organizer says the jury was really impressed with your photos that they'd like permission to use them in press releases - that is one thing, but to make money off your expense - NO WAY!!!
I have seen a charity "craft show" organizer confront a craft friend of mine and asked her how she made what she made. Without much detail she obliged. Two weeks later this friend goes to the craft show and finds they are demonstrating and selling what she makes. She confronted them that she never gave permission to copy and make money off her expense. The stopped after much arguing and throwing the "copyright" word around.
Also, in my part-time job, I often get charity organizer phone calls saying they are trying to raise money for "xyz" and could they donate money for their cause , say for a raffle. The owners policy is never give money but offer something equivalent in price in products to get their name out - which has worked in the stores favor. Many are not happy with that offer and are just sour pusses about it throwing the "it will be a tax write off - people usually like that"... Never mind the 100's of non-profit requests they owners get a year and can't donate to everyone - a for profit needs money to survive. Non-profits like charities should understand that or find a different type of way to raise funds.
I know it sounds like I am very poo-poo on charities - I support them, but I too can't support them all.
Larry: Thanks. I'll try contacting WESTAF via Zapp. The charitable thing is a pet peeve of mine, too, as is the semi-forced donation of a work to get into a show. I like to decide which charities and organizations to support according to my values. And my husband pointed out that the way this contract is worded that you don't have to be accepted to the show for them to use your images royalty-free. They can use any jury images from anyone.
Paul: Glad to know it's not worth the trip. I can quit feeling crappy about it now. Thanks!
Ruth: I doubt my lawyer would touch it after the fact - he's a pretty ethical guy, which is why I like him so much. If he did there would be a very a substantial retainer required. And after my years working in compliance and regulation in government I much prefer to not step in this kind of mess in the first place.
What show?
Larry Berman
Art Show Jury Services
http://BermanGraphics.com
412-401-8100
Hi, Larry
I figured someone would ask, but I was trying to be nice and not mention them by name. It's Art and Air in St. Louis.
They have to be told that artists own the copyright of their work and they cannot put royalty free license to their images in their contract. ZAPP needs to be notified, though they may not do anything. But they are a government funded organization that distributes grant money to the arts. I think someone in the show office has been spending too much time on Flickr.
Here's their contract:
*************
I understand that Art & Air (the Fair), the City of Webster Groves, Eden Theological Seminary, and all sponsoring organizations and their directors, officers, employees, agents and volunteers are not responsible for any loss or damage to property owned, displayed or sold by the registrants of the fair or any injury resulting to others. I agree to hold each of them harmless from any such claims for damage, loss or injury arising out of my participation in the fair.
I agree to abide by the terms and conditions set forth in this registration and established from time to time by the fair and further understand that failure to do so may result in the loss of my space at the fair, forfeiture of my registration fee and liability for any actual or consequential damages.
I hereby grant the Fair and Webster Community Arts Foundation (Foundation) a non-exclusive and royalty-free license to use any jury image that I have submitted or will in the future submit to the Fair or Foundation for their promotional, publicity and charitable fundraising purposes which include expressly, but are not limited to, reproduction on promotional and publicity materials for the Fair and chariable fundraising materials (including hats, t-shirts, coffee mugs and similiar items that would be given away in exchange for a donation to the Foundation) for the Fair and Foundation.
**********
The other issue I have is why do they think that if they use the word charitable, they don't have to compensate for what they use.
Larry Berman
Art Show Jury Services
http://BermanGraphics.com
412-401-8100
Notice they don’t even distinguish between using the jury images of the accepted and of the rejected. So you could be rejected, and they are still granted themselves the right to use them. If rejected, and you therefore didn’t even do the show, you would be paying them to use your work.
This isn’t very common, is it? I’ve seen using images to promote the show, but not to sell on trinkets. Not to mention, if you tried to sell a coffee mug with your work on it, you’d probably get in trouble.
I’ve actually applied to this show, though I’ve never done it. Not recently, but it makes me wonder if they have stuff with images of my work on it.
This is not common at all, which is why I pointed it out. Usually it's something like you get chosen to be the artist for the poster and there's some kind of quid pro quo from the show: a free booth space, ribbon/award, cash, contract for the reproduction - something. This is just simply, "We're taking your work and giving you nothing - thanks!" And not that this would necessarily happen, but theoretically you could be competing against yourself in this situation. You could be trying to sell your work in your booth when shoppers could just walk to the show booth and pick up the same image on a T-shirt for $10.
There is no time limit on the contract. You may want to check your old contract with them. This is my first time looking at the show, so I don't know how long this policy has been in effect.