Freelance Update----Nielson

Nielsen Business Media has revised its new standard contract for freelance photographers and illustrators in response to protests from photographers associations.The updated contract more clearly defines standard usage terms and includes a 15 percent supplemental fee to cover reuses of Nielsen content, such as inclusion in databases. Fees for promotional reprints will now be negotiated case by case.In January, Nielsen (then known as VNU Business Media) introduced a new contract designed to secure more rights from its contributors to make it easier to reuse content in electronic formats.Editorial Photographers (EP) complained that the contract was unfair because it demanded a "non-exclusive, worldwide, perpetual license" and included other terms unfavorable to artists.Nielsen owns dozens of business publications, including Photo District News and PDNOnline.com as well as Adweek, Billboard and The Hollywood Reporter.EP was soon joined by the American Society of Media Photographers (ASMP) in objecting to the contract. PDN has a business arrangement with the ASMP to publish the ASMP Bulletin through its custom media department.Nielsen distributed the revised contract within the company last week and announced it Tuesday in a joint statement with EP and ASMP."We value the exceptional work and creativity that our photo partners bring to our publications -- not just for PDN, a showcase for the photography business, but for all Nielsen publications," said PDN publisher Lauren Wendle. "I'm pleased that we were able to reach common ground on an agreement that respects the contributions of freelance artists. It's a win-win situation for everyone."Leaders of EP and ASMP also expressed satisfaction with the revised contract.Specific changes to the contract
Standard use rights are more clearly defined.
The contract provides for a prepaid supplemental 15 percent fee to cover expanded usage of the images, such as when Nielsen publications are supplied to database content aggregators and editorial licensees of Nielsen content.
The agreement does not convey usage rights retroactively; it covers only uses going forward.
Promotional reprint rights are separate, and fees for using images in reprints will be negotiated case by case between the photographer or artist and the reprint vendor.
In addition, the agreement no longer calls for photo and art contributors to indemnify Nielsen in the event of a third-party lawsuit. Instead, it provides that contributors will cooperate fully with Nielsen if a lawsuit involving an image is brought against the company. Related story