Graphic Artists Guild Contract Monitor Reviews
Date filed: July 29, 1998
Name of Company/ Parent Corporation:
Cleveland Plain Dealer
Address:
1801 Superior Avenue Cleveland, OH 44114
Phone Number:
Type of Company:
Magazine Publisher
Names of Publications:
Contact:
Anne Gordon, Editor, Sunday Magazine

Overview: The question is: What's wrong with this contract?

ANSWER: Just about everything.

Contract Highlights:

"By signing where indicated below, you grant and assign

to Plain Dealer Publishing Co., publisher of The Plain

Dealer, the non-exclusive right, throughout the world,

by itself or through third parties, to publish, reuse

or make any other use of said illustration, including

but not limited to the sale or resale of illustration

which the Company purchased from you. Such right will

continue for the full term of copyright in such

illustration and may be exercised with regard to all

media, including but not limited to electronic media

now in existence or hereafter developed and whether or

not combined with the work of others."

1. WHERE DOES THIS CONTRACT APPLY? The contract applies "throughout the world..." Be aware that some companies are willing to negotiate foreign publication rights separately. Not the Plain Dealer.

2. LICENSING: Your artwork can be published "through third parties..." Some companies will pay the artist an additional fee if the artwork is licensed to third parties. Not the Plain Dealer. (NOTE: Also see our comments on third party licensing in the review of the Microsoft/Slate contract.)

3. REPRINTS: The Company can "reuse or make any other use of" your artwork. Some companies pay additional compensation for reprint rights, and for using artwork in places not originally intended. Not the Plain Dealer.

4. RESALE: The Company can sell your artwork to someone else.Some companies reimburse the artist if they sell the work to a third party. Not the Plain Dealer.

5. ELECTRONIC MEDIA: The Company can use your artwork in "all media...now in existence or hereafter developed." We would like to suggest that the right to publish artwork in a medium that doesn't yet exist ought to be negotiated after the new medium is invented, not before.

6. MODIFICATIONS: The Company can combine your artwork with "the work of others". Thanks, but No Thanks.

Updated News: [No comment from Plain Dealer has been received regarding their contract as of publication date]

 This information is true and accurate as of the date specified, to the best of our knowledge and belief, and is provided by the Graphic Artists Guild to help artists make informed choices.