Publicly Contributed Content Terms
These standard terms form part of the Terms and Conditions for the Supply of Contributions to DNTV Digital, which can be found here. Unless otherwise noted, all capitalized terms used in these standard terms shall have the meaning given to them in the Definitions section of the Terms and Conditions for the Supply of Contributions to DNTV Digital.
1.0 Commissioned Contributions
1.1 You grant to DNTV Digital irrevocably and unconditionally the following rights and options to use, publish, transmit or license your Commissioned Contribution (“License”) during the Term as defined below.
a) Unless they are expressly identified otherwise, all rights and options granted by you in this License shall subsist throughout the world in any language(s) on an exclusive basis for three (3) months following first publication by DNTV Digital (“Exclusivity Period”) and thereafter on a non-exclusive basis for the remaining period of copyright in your Commissioned Contribution including all renewals, reversions, extensions and revivals of such period, the Exclusivity Period and remaining period of copyright thereafter together being the “Term”.
b) Subject to DNTV Digital terms on attributable revenues from Syndication and Spot Sales, our fees are inclusive of rights 1-5 below. The value of these rights is reviewed annually.
1.2 Right to be the first publisher of your Commissioned Contribution in any media anywhere in the world in any language(s) in any of our Licensed Products at our discretion, and to keep available your Commissioned Contribution in the Licensed Products during the Term.
1.3 Following our first use as described in clause 1 above, the right to reuse, republish and retransmit your Commissioned Contribution in any language(s) anywhere in the world in any of our Licensed products at our discretion without further payment to you, including but not limited to DNTV Digital and similar publications and in other collections of material published by us in paper form and digitally anywhere in the world, and to keep available your Commissioned Contribution in the Licensed Products during the Term.
1.4 Right to use, store, publish or transmit your Commissioned Contribution in internal and External Archives and databases (“Archives”) in any language(s) including but not limited to websites published by us and/or third-party database and/or archive publishers, and to keep available your Commissioned Contribution in such Archives during the Term.
1.5 Right to authorize the Newspaper Licensing Agency and similar reprographic rights organizations in other jurisdictions (“RROs”) to distribute or license the distribution of your Commissioned Contribution throughout the world in any language(s) for RROs’ licensed acts and purposes as amended from time to time, and to keep available your Commissioned Contribution through such RROs during the Term.
1.6 Right to Syndicate your Commissioned Contribution in any language(s) subject to payment to you of 50% of all net receipts paid to DNTV Digital and attributable to your Commissioned Contribution.
1.7. Right to make Spot Sales of your Commissioned Contribution in any language(s) subject to payment to you of 50% of all net receipts paid to Delaware Newsline and attributable to your Commissioned Contribution.
1.8 Provided that the exercise of such option shall be subject to further contract between you and DNTV Digital, the option throughout the world in any language(s)
(a) to commission from you and publish a book (in any format including but not limited to printed, electronic and audio books) and/or dedicated app (and/or similar and/or related technology) on the subject matter of your Commissioned Contribution(s); and
(b) to publish a collection of your Commissioned Contribution(s) where you are the sole author in book form (in any format including but not limited to printed, electronic and audio books) and/or as a dedicated app (and/or similar and/or related technology).
(c) Contributions delivered under the Terms and Conditions for Fixed Freelance Personnel are subject to clause 5.1.2 thereof and are excluded from the scope of clause 7 above.
2.0 For the avoidance of doubt, all rights:
2.1 pertaining to publication, distribution and licensing of your Commissioned Contribution reside exclusively with DNTV Digital during the Exclusivity Period. All requests from you, or submitted to you by third parties, to re-use your Commissioned Contribution during the Exclusivity Period shall be submitted to legal@dntv.com and any grant of rights or amendments to the Exclusivity Period shall be subject to DNTV Digital prior written agreement; and
2.2 of whatever nature (without limitation, copyright) throughout the world which you have in your Commissioned Contribution other than those you expressly grant to us under this License are retained by you; and
2.3 of whatever nature (without limitation, copyright) throughout the world in the column titles and names used in conjunction with your Commissioned Contribution shall reside with us.
3.0 We reserve the right as we see fit to edit your Commissioned Contribution.
3.1 You grant us permission to publish a photograph of you of our choosing in association with publication of your Commissioned Contribution and/or in relation to any other promotion or publicity of the same throughout the world.
3.2 For certain types of Commissioned Contribution – including but not limited to by-line pictures, page design features and commercial projects – we shall seek an assignment of copyright from you and shall issue appropriate documentation to you on such occasions.
4.0 Action for Infringement and Further Assurance
4.1 In the period preceding DNTV Digital’s first publication of your Commissioned Contribution and during the Exclusivity Period, DNTV Digital shall have all the rights and remedies in relation to your Commissioned Contribution that are specified in Section 101 of the Copyright, Designs and Patents Act 1988, including the right to bring an action for infringement of copyright in your Commissioned Contribution.
4.2 For the duration of the Term that follows the end of the Exclusivity Period DNTV Digital may bring an action for infringement of copyright in your Commissioned Contribution pursuant to Section 101A of the Copyright, Designs and Patents Act 1988.
4.3 You shall, and shall procure that any necessary third party shall, at your own expense promptly execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to this License.
5.0 Other Contributions
5.1 You grant to DNTV Digital irrevocably and unconditionally the following rights to use, publish, transmit or license your Contribution (“License”) during the Term as defined below.
Unless they are expressly identified otherwise, all rights granted by you in this License shall subsist throughout the world in any language(s) on a non-exclusive basis for the full period of copyright in your Contribution including all renewals, reversions, extensions and revivals of such period (“Term”).
6.0 Our fees are inclusive of rights 1-4 below. The value of these rights is reviewed annually.
6.1 Exclusive right to be the first publisher of your Contribution in the United States; and
6.2 the non-exclusive right to publish your Contribution throughout the rest of world in any language(s) in all editions of a single issue of the relevant Licensed Product, and to keep available your Contribution in the Licensed Products during the Term.
6.3 Right after use in the relevant Licensed Product to publish your Contribution in DNTV Digital and (save in respect of poems) similar publications and in other collections of material published by us in paper form and digitally anywhere in the world in any language(s), and to keep available your Contribution in the Licensed Products during the Term.
6.4 Right to use, store, publish or transmit your Contribution in internal archives and databases (“Archives”) in any language(s), and to keep available your Contribution in such Archives during the Term.