This SAMPLE DOCUMENT will be the basis for the Agreement for any material accepted by the editors for use on Transom.org.
All submissions are made on a speculative basis with no guarantee of acceptance. FTP is the preferred method of submission. Submitted tapes or other CDs cannot be returned without prior approval.
The Idea: While Transom.org provides a performance space for your work, our strong intention is to also to encourage MORE work, new voices, good discussion, mentorship, and a synergy between producers and public radio through the web. We want to propagate public radio tools and ideas, and thereby increase access to the air. Our intention is generally to make things better, and we hope that the spirit and substance of our relationship and this agreement will be the same. We tried hard to get this agreement to fit on one page, but we couldn’t quite pull it off. Sorry.
The Artists Owns the Work: You are granting NON-EXCLUSIVE rights to this material, entitled _____________________________________ (“the Work”) to Transom.org through its non-profit sponsor Atlantic Public Media, Inc. (APM). You retain ownership of the Work, and can re-sell it to any radio network, radio program or radio station. You retain all rights in all other media — including print, television, theater, movies, compact disks, CD-ROM, and media yet to be imagined or invented, unless negotiated separately with APM, and subject to the conditions below.
Internet Rights Granted: You grant to APM the right to place the audio, mixed-media and/or transcript of the Work on the Transom.org web site in perpetuity.
Radio Show: There is no Transom.org radio show. Yet. APM might want to create one someday and, to that end, you grant APM the right to use your work in pilot episodes which can be broadcast ONLY locally on radio stations WCAI for Cape Cod, Martha’s Vineyard, Nantucket, and the South Coast of Massachusetts. If such a radio show ever shows enough signs of success to go national, you agree to negotiate another agreement and acquisition fee in good faith.
Podcast Rights Granted: You grant to APM the right to use the audio of the Work for the Transom podcast in perpetuity.
Demo Tapes: You grant APM the right to use short excerpts from the Work, if done with sensitivity to the integrity of the Work. You grant APM the right to send a small number of free tapes/dubs containing the Work to potential funders, potential contributors, and as promotional materials to press and to public radio stations.
Museums/Exhibits: You grant APM the right to use the Work for museum and other curated exhibits if they relate to either the Work itself, or the Transom Website.
Other Materials: You will endeavor to provide other interesting materials, as appropriate, for the website — such as photographs, graphics, background writing, etc.– and you agree that the rights granted to those materials will be the same as above.
Timing: You agree that the Work will appear on Transom.org at least one week before it appears anywhere else.
Credit to Transom.org: In any forum or medium in which the Work appears subsequent to signing this Agreement, you will ensure that a credit is given to Transom.org (in mutually agreeable language) on the air in the case of broadcast media, or in print otherwise. This provision is to help foster awareness of Transom.org, so that others will visit and contribute.
Reviewing: You agree to participate in discussion of your work online on the Transom.org comments section. Our hope is that you will listen and comment on the work of others appearing on Transom.org.
Royalties: There will be no royalties paid for the Work. If APM wishes to create a cassette or some other product containing the work, we will negotiate in good faith, probably on the basis of a threshold number of sold units, after which we’d profit-share.
The Artist Can Enter Into This Agreement: You guarantee to APM that no part of the Work or the use of the Work by APM will violate, misappropriate or infringe upon any common law or statutory rights of any person or entity, including rights relating to copyrights, contractual rights, trademarks, privacy, or publicity. You guarantee to APM that you are the sole and exclusive owner of the Work, or you are properly licensed to use all elements in the Work.
Note: In cases where Atlantic Public Media producers or other producers engage in significant collaboration in the production of the Work, this agreement will be amended to fairly recognize their participation, in terms of credit, hared rights, further acquisition fees, etc.
Address and Social Security Number