PRISON RADIO

P.O. BOX 411074

SAN FRANCISCO, CALIFORNIA 94141

PHONE: (415) 648-4505

FAX:       (415) 647-5949

E-MAIL:  info@prisonradio.org

Tax ID No. Prison Radio/Redwood Justice Fund #680334309

STOCK PHOTOGRAPHY & AUDIO INVOICE

TO:                              (please fill this out)

 

DATE:                        

SS/FED ID #:

INVOICE #:                

PHONE #:                   

________________________________________________________________

YOU WILL NEED TO USE AN AUDIO CD PROVIDED BY PRISON RADIO.  THE AUDIO CD NEED NOT BE RETURNED.

PHOTOGRAPHS/CD/CD-ROM TO BE RETURNED BY:  date two months from request

The following license of rights contains these provisions: frequency of use, exclusivity, language, type of media, usage, size and placement of audio/photographs, print run, length of use, region or area of usage, subject of audio and photograph and copyright owner.

 

RIGHTS GRANTED:   “for Review purposes, grant of rights to be negotiated”. 

 

FEES: to be negotiated

 

Grant of Rights considered, but not yet granted the right to incorporate audio and  photographs into media and artwork related to a production. Producer may not distort the audio and images in anyway that would be derogatory to Mumia Abu-Jamal or malign him in any way, as determined Prison Radio’s reasonable business judgement. Please provide us with a proof of the artwork.  Producer may not alter the audio in any way, other than standard equalization and compression.  If any other changes to the audio need to be made they MUST be approved by Noelle Hanrahan of Prison Radio of prior to the material being mastered, and produced in any format on compact disc the internet etc..

 

The Credits of the photos should read as follows.  Please be sure ask Prison Radio which photos need to have these photo credits.  Many of the photos available are these photos. If you choose a photo of Mumia not from one of these sessions we will do our best to help you figure out where the photo came from.

"© Jennifer Beach/Prison Radio 1992& 1993.  All Rights Reserved"

or "© Nolen Edmonston/Prison Radio 1996.  All Rights Reserved"

            

SUBJECT TO ALL TERMS AND CONDITIONS ABOVE AND ON REVERSE SIDE

 

Acknowledged and Accepted : ____________                          Date:____________


 

PRISON RADIO PROJECT – AUDIO & PHOTOGRAPHY RELEASE

TERMS & CONDITIONS

                [1]           "Photograph(s) & Audio" means all photographic and audio material furnished by PRISON RADIO hereunder, whether transparencies, negatives, prints, CDs, CDRs, CD-Roms or otherwise.

                [2]           Except an otherwise specifically provided herein, all photographs and audio and rights therein, including copyright, remain the sole and exclusive property of PRISON RADIO.  Any additional uses require the prior written agreement of PRISON RADIO on terms to be negotiated.  Unless otherwise provided herein, any grant of rights is limited to one year from the date hereof for the territory of the United States.  The use of these image(s) are non-exlusive.

                [3]           Client assumes insurer's liability (a) to indemnify  PRISON RADIO for loss, damage, or misuse of any photographs and audio.  Client assumes full liability for its principals, employees, agents, affiliates, successors and assigns (including without limitation messengers and free-lance researchers) for any loss, damage, or misuse of the photographs.

                [4]           Time is of the essence for receipt of payment and return of photographs and audio.   

                [5]           Reimbursement by Client for loss or damage of each CD-R (of the photos provided) shall be in the amount of two-hundred fifty dollars ($250), or such other amount set forth next to said item on the front hereof.  Reimbursement by Client for loss or damage of each other item shall be in the amount set forth next to said item on the front hereof.  PRISON RADIO and Client agree that said amount represents the fair and reasonable value of each item, and that PRISON RADIO would not sell all rights to such item for less than said amount.

                [6]           PRISON RADIO’s copyright notice: Author credit must accompany each use.  The Amount payable will be $500 dollars if said credit is not provided.

                [7]           Unless written authorization is provided on the front hereof, Client will not make or permit any alterations, additions, or subtractions in respect of the photographs and audio, including without limitation any digitalization or synthesization of the photographs or audio, alone or with any other material, by use of the computer or other electronic means or any other method or means now or hereafter known.

                [8]           Client will indemnify and defend PRISON RADIO against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any photographs or audio for which no release was furnished by PRISON RADIO, or any photographs or audio which are altered by Client.  Unless so furnished, no release exists.  PRISON RADIO’s liability for all claims shall not exceed in any event the total amount paid under this invoice.

                [9]           Client shall provide two free copies of the CD and related promotional materials to Prison Radio.

                [10]         Client may not assign or transfer this agreement, or any rights granted hereunder.  This agreement binds and inures to the benefit of PRISON RADIO, Client, Client's principals, employees, agents and affiliates and their respective heirs legal representatives, successors and assigns.  Client and its principals, employees, agents and affiliates are jointly and severally liable for the performance of all payment and other obligations hereunder.  This invoice incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended.

                [11]         Except as provided in [12] below any dispute regarding this agreement shall be subject to binding arbitration in San Francisco, California under rules of California Lawyers for the Arts.  Any dispute involving $5,000.00 or less may be submitted without arbitration to any court having jurisdiction thereof.  Client shall pay arbitration and court costs, reasonable legal fees, and expenses, and legal interest on any award or judgement in favor of PRISON RADIO.

                [12]         Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by PRISON RADIO under the Copyright Act of 1976, as amended.

 

MAKE CHECK PAYABLE TO RJF/PRISON RADIO

 

TERMS: INVOICE PAYABLE UPON RECEIPT. RIGHTS GRANTED ONLY UPON FULL AND TIMELY PAYMENT. SERVICE CHARGE OF 1.5% PER MONTH ON UNPAID

BALANCE AFTER 30 DAYS

SUBJECT TO ALL TERMS AND CONDITIONS ABOVE AND ON REVERSE SIDE