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Contracting Tips for Artists

  1. Check whether your contract stipulates that you are employed as an independent contractor or employee (this will affect copyright ownership).
  2. Check what agreement or award (if any) applies to you and the employer.
  3. Advise the company if you have any objections to the association of your Work with the work of a third party or as part of a commercial 'tie in' or sponsorship arrangement.

    Internal linkthird party material
    Internal linkpromotional material

  4. Request a right to view the final product.

    Internal linkmoral rights definition
    Internal linkmoral rights in contracting
    Internal linkmoral rights in contracting
    moral rights: Internal linkArena, Chunky Move, MSO, NYID

  5. Request that the intended promotional use of your material is clearly outlined in the contract and consider placing restrictions on unauthorised promotional use.
  6. Explore avenues for payment (ie in the longer term, a back-end payment may be more lucrative than an up-front loading).

    Internal linkoptions for payment
    royalty division: Internal linkArena, Chunky Move, MSO, NYID

  7. Ensure that a clear formula is agreed for the calculation of back-end payments (eg seek a clear definition of 'gross receipts' if the back-end payment will be calculated as a percentage of this figure).
  8. Recognise that companies who work in an organic manner may not be able to detail the scope of the project at the contracting stage. Determine whether you can operate in this environment.
  9. Ensure that your contract stipulates how you will be credited.

    Internal linkmoral rights

  10. Determine whether you may require the Work for additional purposes such as exhibition or for your portfolio. Seek a right to use the Work for these purposes.

    Internal linknon-exclusive license

  11. Request that contracts are issued and signed prior to commencement of the engagement.
  12. Know your rights in relation to copyright ownership over your Work.
  13. Identify whether the Work will be used in an interactive product and how the Work can be manipulated.

    Internal linkalteration and morphing

  14. Determine how payment will be made and over what time frame.

    Internal linkelectronic collection agencies

  15. If a company is offering a royalty payment, seek an estimate of the anticipated revenue from the commercialisation of the Product. This will assist in evaluating the likely returns if royalties are accepted.

    Internal linkoptions for payment
    division of payment: Internal linkArena, Chunky Move, MSO, NYID
    Internal linkexample performers agreement

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