Associated Newspapers recent invoices contain the following rights grab.
Unless otherwise specifically agreed in writing, Associated Newspapers and DMGT Group Companies shall without prejudice to their other rights have the right
(a) to publish your contribution worldwide in all DMGT Group titles in all media including electronic media,
(b) to store it for research or reference purposes and
(c) to allow others to disseminate it and enable access to it in any media via press cuttings and similar services.
No extra payment is offered to compensate for clause (a) which will mean the loss of repro and reuse fees, and contravenes previous First British Rights agreements and photographers' own terms and conditions.
This revision of terms has been reported seen on Daily Mail and Mail on Sunday invoices, but probably they will be doing likewise for all titles.
Although contract terms cannot be unilaterally imposed so this variation ought to be illegal and unenforceable, Copyright Action warns photographers that acceptance of payment without objection to the new terms may successfully be deemed to constitute acceptance. It is therefore essential that suppliers write and indicate that they do not accept the new terms, and that previously agreed terms still apply.
This is additional to reported previous problems getting paid for work used on Associated Newspaper web sites like www.dailymail.co.uk or www.mailonsunday.co.uk . Under these new terms no payment will be due.
DMGT's 2007 annual report says "AND (Associated Northcliffe Digital) showed strong growth from both its existing businesses and via further acquisitions. With over 140 websites reaching more than 25 million monthly unique visitors, AND is one of the leading players in the UK digital media industry. Revenue grew by 46% across AND’s core classified portals in jobs, property and motors, but profits fell by £2 million due mainly to significant investment in developing its businesses." However digital still managed to achieve a profit of £10m from £100m revenue, a margin of 10%, where profits for the group as a whole were £83m from revenues of £986m, a margin of 8%.


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