Commissioning terms

commissioning terms
commissioning terms

Except where otherwise agreed in writing, these terms will apply to individuals that Telegraph Media Group Limited (“Company”) (or its affiliates) has specifically commissioned to provide content for publication (“Contributor”).

These terms do not apply to content submitted to the website or newspaper in general (like comments made on the website or the submission of letters) which is governed by the terms and conditions of the website.

Contributor’s Work

Contributor will retain the copyright and all other intellectual property rights in all work written, compiled, created or otherwise provided (“Work”).

Contributor warrants that the Work will be original and will not be owned or controlled by a third party who has not irrevocably consented to the use of them nor will use of them infringe the rights of any third party.

Licence

Contributor grants to Company an irrevocable, perpetual, assignable, sub-licensable, royalty free, worldwide licence to use, copy, store, print, publish, reproduce, display and distribute the Work (including any adaptations, abstracts, excerpts, extracts or summaries) in Company’s and its affiliates’ publications in whatever medium now known or in the future, including electronic, digital audio and/or visual forms and to sub-licence these rights (“Licence”).

The Licence shall be exclusive to Company from the date of creation until 90 days following first publication by Company or its affiliates (after which it shall be non exclusive).

Subsidiary rights

The Licence also includes the royalty free, non-exclusive, sub-licensable rights to:

(1) distribute the Work (where published) to owners of databanks and NLA Media Access for storage, copying, republication and redistribution to third parties for further storage, copying, publication and distribution
in any medium on a non-exclusive basis;

 (2) syndicate Work as individual pieces and/or as part of any web- based or online or electronically stored version of the Works as part of or incidental to any content feed which we may have with any third party for their further storage, copying, publication and distribution in any medium on a non-exclusive basis, including Telegraph Reports (which is an electronic news and features service created daily by us comprising a selection of editorial items from our publications for our overseas subscribers).

Where individual pieces of Work are syndicated, Company will account a set proportion of the net identifiable net syndication revenue attributable to the sale; for clarity, this means where a third party has requested a specific
individual piece of Work.

Company will not account to Contributor where pieces of Work form part of a larger bulk content package provided by Company to third parties. Contributor permits Company to use their name and image to promote the Works in any medium anywhere in the world and allow Company to authorise third parties to do the same

Publications rights

If Contributor intends to publish in any medium any work based or derived from the Work, whether as a book or serial or otherwise (Publishing Work), Contributor will offer to Company in writing a right of first refusal to publish the Publishing Work.

Company shall advise Contributor writing of its decision within 21 days of receipt a complete typescript of the Publishing Work.

Publication of the Publishing Work shall be subject to a separate agreement.

If Company decides not to publish the Publishing Work or cannot agree the terms of the publishing agreement within a reasonable time, Contributor is at liberty to enter into an agreement with another publisher on terms which are not less favourable terms than those offered by Company.

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