You`ve probably already discovered that many of these clauses were added after hard lessons learned over the years. I have no doubt that many of you have contracts that have evolved over time as you go through your own “hard-hitting schools.” Share in the comments the changes you`ve made to your videography contracts over the years. Give us your best horror stories and help others avoid the same mistakes. Videographer. Will you be the videographer or will you send a member of your company or a subcontractor? If you don`t get the job done, can I see examples of assigned videographers before signing? If you can`t film, who is your backup videographer? In general, U.S. law states that the person who creates an image owns the copyright in that image (provided that the image itself does not infringe the copyrights of others, e.g., logos, recognizable landmarks, etc.). If you are an event planner or need other types of marriage-related contracts, please read our customizable service contracts. If you`ve just started your videography business, we can help you start your business. I`m shocked by the number of videographers and small business filmmakers I talk to who don`t have contracts or who don`t have almost all the clauses they should have in the contracts they create. If you think this describes you, let`s fix it. Clearly explain how the contractor can use the images.
This also applies to entrepreneurs in editorial or visual effects. This is a tricky area because, on the one hand, it is nice to support other colleagues in the region and give them the opportunity to market their work. But on the other hand, it was your brand that produced the video and served the customer. You take the loan when things are going well, but the money also stops with you if something goes wrong. You`ve invested in marketing to reach that customer. Therefore, above all, your interests should be prioritized in terms of recognition of creative work. For what it`s worth, this is how I formulate this clause in my subcontracts: How many revisions of the project are included in your videography contracts in the initial costs? In fact, not only how many revisions, but especially how many hours of revision processing time. My contracts accumulate in an hour of “free” processing time.
(I say free, but in truth, the cost of this treatment is integrated into the rate I charge, whether the customer uses it or not). Set the hourly costs for the processing time for subsequent changes. I know that many of you will shoot corporate videos and pass on the images and rights. And that`s perfectly fine. But I challenge you to experiment with contractual retention of rights to raw materials and add fees for the customer to get. (I calculate the higher amount of $500 or 10% of the total order value). Most of the time, your customer won`t care. So make this clause part of your bargaining chip when you negotiate the deal.
Or use it as an incentive. If the client agrees to hire you within a certain period of time, you grant them full ownership of the raw material, which you could call huge savings for the client. Object. When you record a wedding or formal event, what parts do you film? Can I make special requests? Do you have other videographers available if needed? You may want to pay for extra time or an extra videographer if you want other activities such as setup, behind the scenes, guest meeting and more to be filmed. If you hire a videographer to film your wedding or event, you should ask potential customers a few questions before hiring them. You want to make sure that the videographer can provide the desired results and that working with them is easy. In addition to ensuring that they are available when you need them, you can also ask them for the following: Therefore, the subcontractor may not use videos created under this Agreement for its own advertising unless Studio gives written permission. This is one of those paragraphs that large companies ALWAYS have. I have worked as director of business development for Intuit`s Quicken division and the legal department has consistently ensured that the compensation section of our contracts greatly benefits Intuit. Here is a typical definition of the term. Creating a videography contract is easy with our document generator.
You only need a few pieces of information to fill out the form. The legal parts of the contract are automatically generated based on how you answer the questions on the form. Tony: You own the images with one exception and that`s where it starts to mix. The Cabaret Act also stipulates that works made for rent belong to the person paying. Well, it`s easy. It`s easy if you just pay me to record the video. I own the copyright and the paper. No, this is not true, although the law says that if you pay for it, you own it. Now, there are two types of rental work that federal law recognizes, and these are employees in the normal course of their business. In this second part of a series of five articles, we`ll look at copyright for temporary work and some things to keep in mind when creating content, outsourcing content, and/or outsourcing to third parties to do work for your business. Watch the video below and the transcript of the video can be found below. Before we get into this article about videography contracts, it goes without saying that I am not a lawyer.
This is information based on the knowledge gained during more than 15 years of drafting videography contracts while running a small video production company. Plus another eight years in finance and business development in the software industry. I would like to discuss two types of contractual relationships when listing these important clauses: studio/client relationships and studio/entrepreneur relationships. The first refers to manufacturing companies (or individuals) that work with traditional client companies. The second must deal with contracts between production companies and the contractors they hire. When you market your business to traditional customers, both cases apply to you. If you mainly do freelance video work for other studios and companies, you can move on to studio/entrepreneur relationships. Tony: There are very narrow areas, if the photos were used for this particular type of work, then it would be enforceable.
But usually I wanted to come and take pictures for myself for a client. It`s not going to be paperwork that will be done for the rental, so what a lot of people are going to do and what we`re going to do is that as part of the service agreement, we let the person accept that there is a broad open license that the buyer can use it for any purpose or purpose. A indemnification clause basically tells the client: “If you give me something that you can include in your project that you were not allowed to give me, and I am sued for it, take the heat and pay the damages.” Compensation in videography contracts would cover things like photos or music that customers give you, scripts they`ve written, or competitors they can mock or criticize in the video you create, resulting in lawsuits against that competitor. There may be contracts where the information disclosed to the contractor is sensitive or private. For this reason, it is a contractual obligation for the entrepreneur to keep this information secret until it is known to the public. Therefore, have a paragraph in your videography contract that explains exactly who owns the copyright to the materials you create. If you don`t, the customer will assume they own these images, and for good reason. They paid for it.
But you have created a grey area by not explicitly stating otherwise. And it can lead to a stressful future relationship if the customer wants these images in the future. Especially if they expect to get it and you refuse to hand it over (which would be your right). What happens if the client adds a series of jobs in the middle of the project that significantly increase the scope? You must state it clearly. Will your videography contracts become null and void? Are costs rising? How do you determine those costs? Tony: But I`m saying that those that never fall under pure advertising work are not computer programming. Ask someone to write code for your business, which happens all the time. This does not fall under a category of temporary agency work recognized by federal law. I sometimes say for photography.
The law on work for hire or reward recognizes contributions to compilations, so if you create a book of collected photos,. B for example photos of Fayetteville, North Carolina, you could probably capture works that have been rented for this collective work. Have you ever signed a lease or purchase agreement for a property, and you had to initialize every page and even some important paragraphs (like the paragraph on any asbestos removal)? The purpose of these initials is clear. Everyone knows that people tend to skim contracts, so the initialization of certain paragraphs forces the party in question to declare that they have clearly read these important clauses. You don`t want there to be any misunderstandings regarding issues such as copyright, usage or especially processing time. .