FHM Search for the Girl Next Door 2005 Terms

Posted by Saucy Sexy on August 15th, 2005 filed in Sexy Gazing |

I’ve chosen to tackle two sections of FHM’s Search for the Girl Next Door terms because they deal with loss of income. I am not a lawyer, and my opinions are based on my own limited knowledge of the law, so if if you are really troubled, it would be best to approach a lawyer for advice.

“You must not give consent for your name, photograph, voice, likeness or image to appear in, or grant an interview to any newspaper, magazine or other publication, television channel, radio station, webpage or any other medium which is available to the public, or otherwise take part in any press or publicity activity, without FHM’s prior written consent until thirty (30) days after you have been eliminated from the Promotion or the Promotion has been completed (whichever is later). And FHM reserves the right to change the voting mechanics/schedule as it sees fit.”

This means that you can’t do any commercial to endorse any product, or appear in a movie opening where your photo can be taken, or do dubbing for a cartoon. This particular rule will severely hamper any income related activities you may have, especially if you’re an actor/singer/model.

And this will be in effect for the whole time of the search, which is more or less a year. And it doesn’t mean that if you’ve been eliminated, you’re exempt already. Note the “whichever is later” clause. Between 30 days after elimination, or the promotion’s completion, the “whichever is later” clause will always refer to the promotion’s completion.

So until they’ve chosen the grand prizewinner, FHM will be expecting you to twiddle your thumbs while waiting. Of course, you can ask for a written permission, but that can be delayed until the opportunity is gone.

In fairness to FHM, this rule was probably created to control the scope in which the public will be exposed to the candidates, since the public at large will be voting for the contestants, although FHM reserved the rights to change the voting mechanics.

But there is a basic law that allows an individual with the right to earn a living. Therefore, you probably have to consult a lawyer just in case you will get into the sticky situation of being one of the 50 finalists, be eliminated early, and be told you cannot take advantage of the mileage you got from the contest by making some deals.

You hereby give FHM and its affiliated companies a worldwide, perpetual, royalty-free license (such license to be exclusive for 12 months from the first date of publications in the case of Photograph(s)) to use and publish your Photograph(s), likeness, still and/or moving image(s), voice, filmed footage, biographical information and name (whether taken from the Photograph(s), TV Show or otherwise) in all media (including but not limited to print, terrestrial, cable and satellite television, video, internet, radio, mobile telephony, DVD, CD-ROM or any other products) whether now known or hereafter invented for the purposes of promoting the Promotion, FHM, the TV Show, FHM’s publications and business, and for such other purposes that FHM may determine from time to time. You also grant FHM the right to sub-license any of the rights you have granted to FHM, amend your Photograph(s), likeness, still and/or moving image(s), voice, and filmed footage and to combine any of them with other images or media for the purposes of the Promotion, TV Show and for such other purposes that FHM may determine from time to time.

This one is quite frightening, because it is all encompassing. FHM will own everything you’ve done with them and use it for any income generating purpose they may have in the future without your permission or without paying you a cent. This can probably be contested and although the situations below are hypothetical, you never really know what can happen in the future.

For example, if FHM decides to create on the internet a membership with pay site (like Sports Illustrated), they can post your pictures on the site without consulting you or giving you any form of payment. And then, to get away with the 12-month exclusivity clause expiration, they just post new pictures of you to avoid paying you anything.

Or if several years from now, you become a politician, and FHM decides to feature your bikini-clad pictures on its pages, making sure, of course, to use previously unpublished ones, they can do so because they don’t need your permission.

Or if FHM decides to “sub-license any of the rights you have granted to FHM” to a porno channel in the United States, which will “amend your moving image and to combine any of them with other images” to make it seem as if you’re taking off your clothes and doing a sexual act, they can do that too.

The last one is really extreme, and will probably never happen, but there are endless possibilities of what can be done. And that’s really scary.

FHM Search for the Girl Next Door 2005 Terms

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