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Contracting Tips for Companies

  1. Inform artists that copyright over material produced pursuant to their employment with a company rests with the company as employer.
  2. Outline the intended promotional use of material in all contracts. Ensure that companies obtain rights to use material for certain promotional purposes so that they can meet contractual obligations with sponsors and/or funding partners or presenters.
  3. Companies wishing to archive a recording should seek to include some archival and research access rights.
  4. Inform participating artists if their work or performance will be subject to interaction or manipulation in the scope of the project.
  5. Consider the financial advantages/disadvantages of back-end/up front payment models before negotiations begin with participants.

    Internal linkoptions for payment

  6. Determine whether the company has the infrastructure to manage royalty payments or back end payments.

    Internal linkcollection agencies

  7. If back-end payments will be made, clearly outline the formula for calculating those payments (eg by including a clear definition of 'gross receipts'). In back- end payment models, companies may be asked to give an estimate of anticipated revenue.
  8. Map copyright over all works proposed to be used prior to the production or contracting stage.
  9. When joint copyright (collaborative work) exists, determine whether copyright is to be owned equally over a broad body of work or in different shares over specific components of the Work, and specify what those ownership arrangements will be.
  10. If the exact scope of the project cannot be determined in pre-production or contracting, consider offering the participants a right to review the final product.

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

  11. Consider copyright over industrial designs.

    Internal linkmapping

  12. Recognise that when artists agree to a back-end payment they are sharing in the risk taken by the producers.

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

  13. Consider screening 'rushes' of any audiovisual recordings to minimise objections by participants in post-production.

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

  14. Ensure that the artistic credit details and titles of all participants are agreed in writing.

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

  15. Make a simple VHS recording of a performance as a method of 'fixing' the director's direction/choreography in a material form and securing copyright protection.

    Internal linkmaterial form

  16. Ensure that artists employed in collaborative productions are aware that joint ownership over copyright may exist or that work may be altered by other artists.
  17. Ensure that every effort has been made to gain clearances for the use of copyright material.

    Internal linkthird party clearances
    Internal linkNYID: obtaining the rights

  18. Always discuss copyright agreements with artists to ensure that all parties have a clear understanding of the terms and definitions used.
  19. Clearly stipulate whether an artist is employed as an independent contractor or employee.

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