SMHLLAW

by Kohel Haver

Partner, Swider Medeiros Haver LLP

 •Who are the Parties and their addresses

  •Identify their talent or what they bring to the deal

  •Subject matter of the agreement as specifically as you can

  •Subject Specifications: In detail use examples, exhibits.

-          Exclusivity of the relationship

-          Expenses: Who pays the cost of materials?

-          Discuss the Format of delivered items

  •Timing / Schedules / Delivery dates:  Penalties for lateness.

  •Change order procedure - Keeping written records.

  •Revisions If requested by other party: artist agreement should contain an hourly fee for artist’s additions / changes / alterations / repairs / revisions / re-shoots / who can do it if the artist cannot.

  •Solving Problems/ Errors how will you do this? Extra costs for reworking and who has the rights to do it and who will own it? 

  •Completion: Who decides when a work is "done" or has the rights to approve finals? How is approval to be expressed?

  •Payment terms: progress, upfront in progress and on completion.

  •Royalty and audit rights? Penalty is not followed.

  •Termination - when is it done and when you can stop it?

  •Cancellation and "Kill" fees - Getting paid for your time Play or Pay!

  •Assignment or Non-Assignment: Can either party get a substitute?

  •Copyright Ownership:

-          What rights does the artist retain?

-          What rights are purchased or transferred?

-          Contingent on receipt of full payment what happens if only part.

-          Buyouts: all rights conveyed to purchaser, for a higher fee.

-          Subsidiary rights. Who controls and who gets the money?

-          Electronic or digital rights

-          Keeping a record on Artist web site and in portfolio.

  •Rights to modify or add to the work, including attribution rights.

  •Confidential information: Are the docs marked, any trade secrets?

  •Artist copies and more copies? Royalties?

  •Promotional activities required.  Payment?

  •Publicity rights to use creator’s personal information / image, etc.

  •Credits:  How is artist to be credited when and where?

  •Return (or deletion) of original artwork and digital files.

  •Warranties that work is original and protections offered to buyers.

  •Non-competition clauses: reasonable duration and scope of restraint.

  •Limitations on liability

  •Special Delivery instructions – insurance what if repairs needed?

  •Insurance: Who covers work during: creation, storage, and delivery?

  •Signers: Who is signing for the work?  Do they have power to bind or obligate the party listed in contract? Minors?

  •Anything else especially anything specific to the project - like preparation and access to site?

 

 NOTE: The information in this, and any other article on this website, is for information, discussion and academic purposes only and should not be relied on as legal advice.  Seek legal and financial counsel in your jurisdiction before acting on any ideas presented in this website.  This article does not create an attorney-client relationship.