The photographer, who preferred not to identify him or herself, shared with us what they claimed to be the Red White & Crüe Inc. photography licensing agreement, bringing our attention to wording that seems to indicate photographers can’t even license their own images without the company’s express consent.
The troubling paragraphs are Clauses 1a and b. In 1a, Red White & Crüe Inc. is given non-exclusive rights to “exploit Materials in all manner and media now known or hereafter devised, including, without limitation, the use (for commercial or promotional purposes), in phonograph record albums, merchandise, motion pictures, television, via Internet/multimedia and website, via mobile telephones, videocassettes/DVDs, all audio-visual rights, publishing rights (in all forms) and publication rights for publicity or advertising purposes.”
Then, the agreement goes on in 1b to state:
Licensor agrees that it shall not license any of the Materials (or shall not exploit any of the Materials) without the written consent of the Licensee which shall be withheld in Licensee’s sole discretion.