WNEP-TV
/ NEWSWATCH 16
"NEWSWATCHER NETWORK"
Independent Contractor Agreement
_____________________________________________
(name) ("Newswatcher")
whose address is _______________________________
and whose telephone number is __________________ & WNEP-TV ("WNEP-TV") of 16
Montage Mountain Road, Moosic, Pennsylvania, 18507, agree as follows:
1. Newswatcher Network
WNEP-TV has established an
informal network of persons having videotaping or other recording capabilities throughout
the northeastern Pennsylvania region and neighboring area ("Territory") to help
its coverage of newsworthy events.
2. Recordings
Newswatcher may from time to
time make videotape, film or other recording of newsworthy events ("recordings")
in the Territory and shall give WNEP-TV the first option to acquire such recordings for
use in its broadcasting.
3. WNEP-TV Purchase of
All Rights in Recordings
WNEP-TV shall, following
receipt of any recording from Newswatcher which in WNEP-TV's sole judgement is usable in
its business, pay Newswatcher $50 per usable videotape of one event of at least 15 seconds
in duration and the same for film. WNEP-TV will not reimburse Newswatcher for mileage or
other expenses incurred in connection with this agreement. On payment by WNEP-TV,
Newswatcher grants the sole copyright in such recording to WNEP-TV, whether or not such
recording is used by WNEP-TV.
WNEP-TV will endeavor to return
to Newswatcher all videotape, negatives and positives of film and any other tangible
property containing such recordings promptly after use. Newswatcher may retain the
recordings returned to him by WNEP-TV but Newswatcher will not copy it nor offer the
recording to any other television broadcast station, any other medium of mass
communication or to any other person whatsoever, since WNEP-TV has purchased the sole
right to copy and exploit the copyright in the recording. Nothing shall prevent
Newswatcher from making any exclusively personal use of the recording.
4. Credit; Use of Name
WNEP-TV agrees to provide a
brief on-the-air identification of any recording furnished by Newswatcher during or as
close as practicable to its first broadcast. Newswatcher grants WNEP-TV the right to use
his or her name, likeness, voice, or performance in the broadcasting, exhibition, or
publication of any recording for purposes of advertising, publicity, or trade, with or
without Newswatcher's name.
5. Newswatcher's
Promises
Newswatcher promises that the
recording will be original with him or her and not copied from any other broadcast or
record and that the recording will be a full and accurate representation of the event.
Newswatcher promises that he or
she is over the age of eighteen years and has the power to grant the rights in the
recording to WNEP-TV.
Newswatcher agrees that he
assumes all risk and liability for any personal injury to any person or damage to any
property which may occur in making recordings to be offered to WNEP-TV and that WNEP-TV
expressly disclaims any and all liability and responsibility therefore. Newswatcher agrees
to release and discharge WNEP-TV from any and all liability arising out of or in
connection with production, reproduction, processing, exhibiting, distributing or
transmitting by whatever means the recording.
6. Status of Newswatcher
This agreement establishes
Newswatcher's relationship with WNEP-TV only as an independent contractor and Newswatcher
agrees that he or she is not an agent or employee of WNEP-TV and shall not in any way hold
him - or herself out to be an employee or agent of WNEP-TV. WNEP-TV will not withhold any
income or social security tax from any payments to Newswatcher. Newswatcher shall not be
entitled to any benefits of an employee and understands that WNEP-TV is only interested in
the newsworthiness and quality of the recording offered to it.
WNEP-TV
By _______________________
(Authorized Signatory)
Date______________________
Newswatcher __________________________________
Social Security Number __________________________
Date ________________________________________