Manuscript Copyright Release and Usage Agreement

Apogee Photo Magazine:
Manuscript Copyright Release and Usage Agreement

Revised: April, 2015

Upon acceptance of any and all articles and photo submissions, including Advertorials, by Apogee Photo Magazine.

By submitting Combined Article(s) (text with photos) or individual photos to Apogee Photo Magazine you, as the author(s) and/or photographer(s) approve the use of any Combined Article(s) (text with photos), titles, along with the text/captions or individual photos submitted to Apogee Photo Magazine for posting in the apogeephoto.com™ website, the https://www.facebook.com/ApogeePhotoMagazine Facebook page, or any future Apogee Photo Magazine websites, blogs, or social media pages.

The Combined Article(s) (text with photos) will hereafter be termed the WORKS.
Author(s) and/or Photographer(s) will hereafter be termed AUTHOR.

Copyright Release and Usage Agreement:

In consideration of the posting of the WORKS or individual photos AUTHOR grants to Apogee Photo Magazine the rights to post the WORKS or individual photos in their online publication/s.  The AUTHOR understands that the WORKS or individual photos shall remain online and become a part of Apogee Photo Magazine archives, unless otherwise specified in this document.
AUTHOR warrants that his/their contribution is/are an original work and that he/they has/have the full power to make this grant, and that the WORKS or individual photos contain no matter libelous or otherwise unlawful or which invades the right of privacy or which infringes any proprietary right.
AUTHOR warrants that exclusive rights of use to the WORKS have not been assigned to any other party, or that permission has been obtained for publication in Apogee Photo Magazine, LLC from such rights holders.

AUTHOR agrees to hold harmless and indemnify Apogee Photo Magazine against any claim, demand, suit, action, proceeding, recovery of expense of any claim whatsoever arriving from any claims of plagiarism, libel, slander, obscenity, unlawfulness, or invasion of privacy or copyright infringement in the WORKS or individual photos, that are finally sustained in a court of competent jurisdiction. If any third party brings a claim, lawsuit or other proceeding against Apogee Photo Magazine, based on content submitted, you agree to compensate Apogee Photo Magazine,  including its officers and directors for any and all losses, liabilities, damages or expenses including attorney’s fees incurred by Apogee Photo Magazine,  in connection with any such claim, lawsuit or proceeding.
AUTHOR certifies that all aspects of his/their WORKS or individual photos which may be derivative have been properly cited, and that in general he/they has/have not plagiarized anyone else’s work. He/They further certifies that he/they has/have proper permission to use any cited work which is included in the WORKS which exceeds the Fair Use Clause of the United States Copyright Law, such as graphs or photographs borrowed from other articles or persons. Permission to use previously copyrighted material shall be obtained at the Authors’ expense from the copyright proprietor.

Any photographs submitted for said WORKS or individual photos may be used at the photographer’s discretion in perpetuity (at anytime and in anyplace).  We encourage the AUTHOR to place the title of the article, along with a short excerpt about the article, and a link leading to the article page/s on their website.
Following editing, selection, coordination, and/or arrangement of the approved for use and right to post the WORKS, e.g. “editing, selection and arrangement of text and photographs for the needs of the apogeephoto.com website (hereafter termed the final edited version)”, AUTHOR automatically assigns Apogee Photo Magazine, to be their past, present and future duly authorized Copyright Agent of the final edited version of the WORKS or individual photos that appear within the apogeephoto.com website (images with matching URL titles).  This is designed in order for Apogee Photo Magazine,  to send takedown notices, demand letters, letters of intent, and implement fines to copyright infringers or their assigned agents when any third party has copied or distributed, modified, republished, posted, uploaded, transmitted, participated in the transfer of sale, created derivative works, or in any way exploited any of the exclusive final edited version of the WORKS, in whole or in part from within apogeephoto.com without Apogee Photo Magazine,  or AUTHORS authorization.

Apogee Photo Magazine  shall not sell, grant the use of or give permission to use any photograph or portion of the WORKS, final edited version of the WORKS, or individual photos, in part or in whole, to any third person or entity without the written consent of the copyright holder, the AUTHOR, and AUTHOR shall not sell or grant the use of or give permission to use any portion of the final edited version of the WORKS, in part or in whole, to any third person or entity without the written consent of Apogee Photo Magazine,.

Apogee Photo Magazine reserves the right to modify or remove any content at any time without prior notice.

Apogee Photo Magazine agrees that the author’s and/or photographer’s name and link to their bio (excluding photos submitted for IMAGE TALK…) will accompany any article(s).

Apogee Photo Magazine reserves the right, in its sole discretion, to change, add to, modify, or remove portions of the Manuscript Copyright Release and Usage Agreement at any time. Be sure to review these terms periodically for any such changes.  Any and all changes shall be effective upon posting.  Continued submissions of articles and photos for publication constitutes as your acceptance to the changes.