To address your concerns and allow for the publication of short R&D clips on social media while maintaining confidentiality, you can propose a modification to the clause that clearly defines your rights in this regard. Here’s a revised version:
“The Digital Artists agree that the Client may arrange and pay for the documentation of the R&D Phase of the project by means of photography, film, and video and audio recording, and hereby grant permission for such documentation in accordance with the terms of this Agreement, for archive use only. Such documentation outside of the R&D Phase shall not be released publicly without a separate agreement with the Digital Artists.
The Client may use all such photographs, film, video, audio recordings, and excerpts for marketing, publicity, information, industry awards, and archive purposes relating to the project, including appropriate generic and non-commercial campaigns in all media including the Internet and in all territories. Notwithstanding the above, the Digital Artists retain the right to use selected portions of the documentation (e.g., short clips or images) for the purpose of showcasing their technical and creative capabilities on platforms including social media, provided that these do not directly reference the project or the Client, thereby ensuring confidentiality. Any such use by the Digital Artists shall be in a manner that is consistent with the confidentiality obligations under this Agreement. For the avoidance of doubt, any and all photographs, film, video, audio recordings and excerpts documenting the R&D Phase by the Client shall be the sole exclusive property of the Client, subject to the aforementioned rights of the Digital Artists.”
This revision:
- Preserves the Client’s rights to document the R&D phase and use this material for various purposes.
- Grants you the right to use selected portions of the documentation for your own promotional purposes.
- Ensures confidentiality by prohibiting direct references to the project or the Client.
- Aligns with confidentiality obligations under the agreement.
It’s essential to clearly define what constitutes ‘selected portions’ and ensure that any usage aligns with confidentiality terms. Legal review is advisable to ensure this clause meets your needs and complies with legal standards.