Monday, 28 February 2011

Lecture notes: CONTRACTS/RIGHTS

What is a contract and what is it for?

A contract is a legal document which provides a 'safety net' in business.

It includes:
  • Project specifics- it is important to know exactly what is required/expected as part of the brief.
  • Terms of payment- very important!!
  • Rights
  • Credit
  • Contract ionformation
  • Protection

So...

 A Legal Document:
  • Both yourself and your client have a copy of this 'legal document' (the contract).
  • Both parties must sign it.
  • It outlines clearly the project- thus avoiding confusion.
A Safety Net
  • The contract provides a safety net because it outlines all specifics of a project.
  • It ensures that all parties know what is expected of them, and provides protection because if any party breaches these expectatiions or does not fulfil them, then steps can be taken to resolve disputes.
Project Specifics
  •  This details exactly the amount of work expected...for example:
  • The size of the work
  • Medium
  • Project name
  • Colour specifics
  • Intended use of the work
  • Phased delivery- when will the client want the work? Can it be produced in phases?
Terms of payment
  •  Total price?
  • Will it be a lump sum or will the client pay in installments, perhaps when finished work is presented at regular intervals?
  • 'Kill Fee'- This is similar to a deposit. It provides some remunification for the artist if the client pulls out of the arrangement. It could be a proportion of the decided fee.
Rights

  • What are you actually selling?? Be careful! Ensure that all parties are clear about what is being sold. It is all too easy to find that a client is trying to buy rights to a lot more than just the piece of work in discussion...be careful not to sign away anything more than that which you are intending to!
Credit

  • How will you be personally credited for the work?
  • How much will it cost your client if they don't wish to credit you? This can happen, and you may be at liberty to charge a fairly substantial amount.

Contact Information
  • Key contact for information, communication, signatures and PAYMENT!
License
  • You are giving someone freedom to use your work for a specific product, specific time, specific cost etc.
Copyright/Reproduction Rights

  • This meas that nobody can reproduce or use your work without your permission. It is highly important.
  • Never allow your client full copyright of your work!
  • Never allow your client to sublicense without your approval.
  • Question in which countries your work will be sold. A client may have permission to reproduce your work within the UK but not outside...for example they may not have permission to reproduce/sell/use it in the rest of Europe, the USA, ROI etc...
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Evaluation:
This lecture was really usefeul. I have a very basic grasp of some legal terminology, but it is so important to be completely up to date and fully aware of what terms mean and know how to apply them to your own work. It can feel daunting to think about setting up a business and having legal protection is vitally important.

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