Contract for indie movie - question...

[Rico]

Hi all,

I have been offered a "Work for Hire"-contract for scoring an indie movie.

The payment for the job is deferred and depending on money made from the movie (if any), so I am well aware that I will probablynot get any money from the job (any money would be a bonus).

So far, so good!

My problem with the contract is about the copyright for my work. While I don't mind working for free for this particular job, I definately want to keep the right to use (and re-use) the music elsewhere (should the possibility occur), but the contract states that:


1. Work for Hire. After the execution of this Agreement, Composer shall commence production of the Work. The Work shall be a work for hire, and Employer shall own the Work, and shall be the sole and exclusive owner of the copyright in the Work, including all rights of copyright registration, renewal and extension. Employer shall also be considered to be the author of the Work for the purposes of U.S. copyright law, and for the purposes of any other applicable state or federal laws. Composer shall make no claim to ownership of the copyright in the Work, nor shall Composer attempt to exercise any rights, privileges or protections afforded to a copyright holder. Composer waives all moral rights in the Work.

2. Assignment. If for any reason the Work shall be deemed not to be a work for hire, then Composer hereby transfers and assigns all rights, ownership and interest in the Work to Employer, including all interest in the copyright in the Work, and in any other intellectual property or moral rights in the Work.


Legal texts are always a problem, and especially when they are written in a non-native language...

So, do any suggestions on this? WHat should I think of, should I claim the rights to the work (or am I missinterpretating what is actually stated?).

According to the producer of the movie, this is a common contract for indie productions...

All input is highly appreciated!

Finest regards,
Fredrik Blom

Hmm, I realise that this post should probably have been in the "Film, TV..." forum instead... My bad :(

[LEX]

According to the producer of the movie, this is a common contract for indie productions...

All input is highly appreciated!

Finest regards,
Fredrik Blom

Hmm, I realise that this post should probably have been in the "Film, TV..." forum instead... My bad :(
It is common if the composer is getting paid.

Most the productions like this mean that you are handing over your rights of your music to the production company and sometimes they get all the publishing, or 50 percent.

In a case like this, when there is no money upfront and "backend" should the movie make money is BS.
Considering it is a "spec" project where you are footing the bill up front, they should get nothing in terms of publishing and rights to the music should be held by you until compensation has been made.

Otherwise, you are going to have a tough time trying to prove if they made any money of not and would probably cosst more to sue for the right to audit them to prove it.

I would tell him this isn't common and he should shove it up his a$$.
If it is impartant to you to do this, then get a lawyer, have him/her review the contract and rewrite the terms so you don't get screwed 10 different ways.

LEX

[Rico]

Thanks for the prompt replies and Your thoughts.

The clause about payment states:


3. Payment. Subject to the terms and conditions of Section 4 below, Employer shall pay Composer a total sum of $_______ ,of net profits realized, if any.


And as You say - if the clause ended after "total sum of $______" it would be all fine, since the contract would be invalid if I don't get any money. It is the latter part - "...if any" - that set off my alarm...

While I have been doing music for people in other countries (esp. USA) before, this kind of contract have never appeared before, everything has been going smooth.

And as You noticed it is a boiler-plate sample contract that the producer "use on all their productions".

Ah well, back to "negotiations" then I guess... I don't know if I'll go for the "shove it up..." line just yet though, but who knows :)

Again, thank You for the input and thoughts!

Regards,
Fredrik Blom

[LEX]

Thanks for the prompt replies and Your thoughts.

The clause about payment states:


3. Payment. Subject to the terms and conditions of Section 4 below, Employer shall pay Composer a total sum of $_______ ,of net profits realized, if any.


And as You say - if the clause ended after "total sum of $______" it would be all fine, since the contract would be invalid if I don't get any money. It is the latter part - "...if any" - that set off my alarm...

While I have been doing music for people in other countries (esp. USA) before, this kind of contract have never appeared before, everything has been going smooth.

And as You noticed it is a boiler-plate sample contract that the producer "use on all their productions".

Ah well, back to "negotiations" then I guess... I don't know if I'll go for the "shove it up..." line just yet though, but who knows :)

Again, thank You for the input and thoughts!

Regards,
Fredrik Blom

I usually take "If Any" as a sign that there will be none.

Unless I had a history with this person, who has paid before, it isn't worth it.

Pretty much anyone who tries to do things on "Spec" never gets paid. Music recording studios have done them before, but the cost of auditing is often more than what would be owed.

SPEC = SCREWED!

LEX

[satchriani]

I would say run for the hills on this one if they don't budge on the contract. It's one thing to do a spec movie and have music that you created for it; and the ability to use that music elsewhere if the time comes, ESPECIALLY since they are not offering you ANY compensation. It's takes a bit of gall if you ask me, to expect a composer to sign over ALL rights to their music when there is NO money being exchanged, and the project is being called SPEC.

[Jim Curits]

Is there a person called a Mr Friedel involved here????

How do you know you are the only one signing this contract?


Basically if all directors do this then, they could hand this contract out to 50 Composers, they all sign and they all spend the next few weeks producing brilliant scores, the director then picks one, but he still has the rights to 50 pieces of music!

Is it me or is this unbelieveable!!!!

[Rico]

How do you know you are the only one signing this contract?

As the contract is written right now, there are no guarantees which is another aspect that makes me reluctant to sign the contract.

I have been doing some more google search since I started this thread, and the "work for hire" seems to be an infected area.

On film maker sites the "work for hire" is often a recommended way to get music. On composer/songwriters site, "work for hire" is to be avoided at all costs...

*sigh*

I've read similar threads before and hoped I'd never end up in the same situation as the posters, but apparently it could not be avoided :(

Saying "thanks, but no thanks" seems to be the safest bet at this time :)

Again, thanks for all the thoughts and input. Of course more thoughts are welcome...

Finest regards,
Fredrik

[nickysnd]

I've read similar threads before and hoped I'd never end up in the same situation as the posters, but apparently it could not be avoided :(
Oh yes it can:
Saying "thanks, but no thanks" seems to be the safest bet at this time :)

:)

If I were you I will tell them that "Unpaid Work-For-Hire" cannot be a standard procedure in a state where slavery has been abolished. It is either one or the other:
A - either they Hire you to do the Work, and they Pay you for doing that Work - half before, half after you finish it,
or
B - they kindly ask you to provide Music for their film For Free, and you keep all the rights on your Freely composed Music, while kindly allowing them to use that Music in their particular Film. Plus, as a sign of respect for your kindness, they are to place your music credits immediately after the producer/director's name, with same letter size.

[LEX]

Oh yes it can:

:)

If I were you I will tell them that "Unpaid Work-For-Hire" cannot be a standard procedure in a state were the slavery has been abolished. It is either one or the other:
A - either they Hire you to do the Work, and they Pay you for doing that Work - half before, half after you finish it,
or
B - they kindly ask you to do Music for their film For Free, and you keep all the rights on your Freely composed Music, while kindly allowing them to use that Music in their particular Film. Plus, to show respect for your kindness, they are to place your music credits immediately after the producer/director's name, with same letter size.
Right. #B.

You hold all copyrights, publishing and rights to the music. You grant them a license to use it in the film with backend payments.

LEX

[josejherring]

If you need the experience of the credit then do it. But for heavens sake don't sign any contract. If anything sign an agreement that says you'll negotiate if the thing gets picked up for distribution. That way you stay in control of the music and they can't use it without your permission which you don't give until you get the money.

[fongi]

Hey Rico, do you know what that means, "deferred payment" ? well what it usually means is you won´t get a brass cent ! :D

[gravehill]

Is there a person called a Mr Friedel involved here????

How do you know you are the only one signing this contract?


Basically if all directors do this then, they could hand this contract out to 50 Composers, they all sign and they all spend the next few weeks producing brilliant scores, the director then picks one, but he still has the rights to 50 pieces of music!


I got offered the same contract from the same person as well. Turned it down. It will be interesting to see if he gets someone to do the score.

I have done a couple of jobs where I had to hand over the rights but also then I always managed to get a clause in the contract stating that the copyright changes owner only for the part that's actually used in the finished product, thus excluding all possible unaccepted cues and such.

[joenovice]

I don't know much but I know that that contract it total BS. I'm doing an indie film (my first) at the moment and while the negotiations were difficult it was well worth it to tell the director and producer up front what I didn't like about their first draft contract.

I would tell him that you have to own 100% of the rights for a deferred payment untill you have earned x amount. After x amount has been paid they will own the publishing % and you retain the writeres 50% of the music.

Even if you need the experience I wouldn't work for someone who tried to remove my control of the music without compensation. If you want the experience that bad call a film school and offer up some services. Don't work an indie film for free.

Your a professional providing a professional service. You know what you've put into the ability to create the music.... don't you think it's worth something?

[Rico]

This is getting old, but again, thanks for all Your time and advice!

I just said the "thanks, but no thanks" to the producer, and got a reply that he already had a composer so... End of story for me and another lesson learned (just have to figure out which one!)

All the best!
/Fredrik Blom

[nickysnd]

I just said the "thanks, but no thanks" to the producer, and got a reply that he already had a composer so... End of story for me and another lesson learned (just have to figure out which one!)
This one: you win, they lose. Don't fret, you took the right decision, you don't need leeches in your life. In future, always avoid that breed of "producers", or send them to college teen "film composers".

[Rico]

:)

[Kaatza_Music]

I am doing some work for credits etc. too, but my one stipulation up front is that if it is low or no budget, then they get a non-exclusive license to use the work in their movie and for promotional purposes. That's it. I retain all rights including publishing. There is no way you should give someone the rights to your work if you are not getting paid what it's worth. Don't do it!

In all correspondence and on the MP3s I send etc., I clearly state that this is "not a work for hire."

Leon

[FilmComposerZ]

You did the right thing!!!

I guess I am the stupid one...I am having a GOOD GOOD friend do my website, and I am PAYING her (PAYING) 250 bucks to do so...because that's the way it should be!!! And she has no expereicne what so ever, but I've seen some initial drafts and I know she will do good, and she's already earned more than I have from film producers...

I am tired of these "producers" expecting free music....and if hat wasn't much, demanding copyright ownership??? I think this person had no clue what copyright means...

Pablo

[nickysnd]

You did the right thing!!!

I guess I am the stupid one...I am having a GOOD GOOD friend do my website, and I am PAYING her (PAYING) 250 bucks to do so...because that's the way it should be!!! And she has no expereicne what so ever, but I've seen some initial drafts and I know she will do good, and she's already earned more than I have from film producers...

I am tired of these "producers" expecting free music....and if hat wasn't much, demanding copyright ownership??? I think this person had no clue what copyright means...

Pablo
You are not stupid for being fair. I think fairness should be the basic principle in a deal. Both sides should agree on what is fair and what is not. Simple as that. Fair. When I will agree on something that I don't feel that is fair, then I will be screwd and I will deserve to be. THAT is what I would call stupid.

[Jeff C]

http://www.no-spec.com/

As a graphic designer I never take spec work. One, it lessens the value of the work created by colleagues and competitors alike in my field. I'm a professional and demand professional wages. If my work did not demand specialized training and a keen eye for proportion, scale, value, etc. as well as knowledge of pop culture, maybe minimum wage a K-Y in the bum,b would be acceptable.

There is no reason for you to not be paid for your work, whether you suck or are magnificent. If this is what you do, or even are approached to do. You should be compensated appropriately for your work.


BTW Pablo, that's too cheap for a website. It's about right for one page though. I hope your friends design works well for you and she's able to move on to other projects using her experience working on yours.



Jeff