Spec contract

[Audio Slave]

If anyone would know...

Does anyone know of a good boilerplate contract for a spec project?

I'm a recording as a favor, but if they end up selling it, I'll want my slice.

Thanks!

[Flaca Productions]

warren - paging warren....

[Baltimore Shooter]

Thanks Brian,
Well I said this in another therad...

Producing something on 'spec' is a BAD practice!!! Many associations such as the AIGA, Graphic Artist Guild, etc. have specific rules against doing projects on spec and will remove you from their membership if you're found doing spec work.

I'll refer you to this recent B-roll thread - http://www.b-roll.net/forum/showthread.php?t=15814

And a webiste - www.no-spec.com

Bottom line is, if it's worth doing, it's worth getting paid for. Think of it this way, do you ask a plumber to un-clog a drain and if he does that well, you'll give him a bigger job? Of course not.

Warren

[Nino]

Boiler-plate legal documents are too vague and intended for all those involved, you need to protect yourself not everybody else. Even with standard legal documents you still need an attorney to sort things out, I doubt however that in your case there’s money available to hire one. Considering that these types of ventures very rarely generate any profits you should just use your own logic in deciding what’s what and who’s who. Any type of agreement in writing is binding, the simplest the wording the less the chances that it will be challenged should litigation arise.

Just one very important item. Unless you are a major participant in the marketing decision process of this program, whatever agreement you guys arrive to, protect yourself by never using the term PROFIT in your agreement to decide your cut, use the term SALES instead, you want your cut right off the top even is it’s a smaller one. There’s a long way from sales to profits and if you have no control on the expenses they can do whatever they want with the sales without ever showing a single penny in profit.

Ask for full periodical disclosures on all progress toward marketing the program and a monthly sales report. You also want to be informed of how many copies were made and who did the duplication.

My best suggestion would be to stay out of these specs deals, if it's a good friend give him a good deal for your services and forget about joint ventures.

[freedom]

Thinking out loud...

If you do something on spec, are you a part owner?
If so, are you then liable as an owner if things go wrong?

[quicklad]

I'll get paid for jobs.

I'll do favors, or freebies if I like the project (very few and far in between).

I won't do spec.

[Audio Slave]

I thought I'd make it simple with how I asked because the project is not television (but the principal is the same), but I shudda known better, so here's the deal:

I volunteered to run P.A. sound for a fledgling annual show. I'd done it the year before & it was fun, so I did it again. This year however, I took along a recorder and captured one of the comedy acts. Afterwards, I offered the performer a copy, who said "love to have one, here's my card".

Now that I've cleaned it up, it's a realllly good performance and recording. So good, I think they could sell it.

So now, I'd like to retain rights to the recording, and a cut from receipts if they do sell it. Since these are only semi pro performers, not an agency, publisher or record company I'm dealing with, I'd like to find something effective, but relatively simple to use for an agreement.

Thanks for the warnings though! I wouldn't take a job on spec anyway.

[Baltimore Shooter]

In that case, I don't know. You might have to have the performer sign a talent release and the venue sign a location release. Also, did you get any shots of the audience and if so, did you inform that they would be videotaped? If the answer is "No" to these questions, you might have a hard time selling it.

You could easily copyright it through the US Copyright Office at The Library of Congress' website - www.loc.gov It's only $20 or so to do that.

Selling it, on the other hand may be a sticky wicket without those releases.

Warren

[Douglas]

Audio Slave,

That's not a spec project because it's already done. It's a finished production that you want to sell after the fact, and there's only one possible buyer -- the performer. You can't sell it to anyone else, and he knows it.

If I was you, I'd work out a deal to just sell the recording outright to the performer. Just get your cash and walk away. There is absolultely no way you are going to police what happens with the recording or how many (if any) ever get sold once it is out of your hands. Don't even waste your time trying to keep track of it, you'll just get frustrated. No fuss, no muss, and no contracts to worry about.

What is the recording worth? I'd say that it is worth LESS than what it would cost the performer to hire someone else to come out and record his next performance and do exactly what you did. Why less? Because you've already done it and he knows that it is impossible for you to sell it to anyone else. In other words, it is almost worthless to you if the performer does not buy it. That makes a great negotiating position for him, and a terrible one for you.

If you like doing this sort of thing, use it as a demo to line up other peformers to HIRE YOU PRIOR to the performance to record their shows. Make your deal with them beforehand and get your money upfront. You can use this first recording as a demo, but you can't sell it.

You're not going to get rich on any of this, but you'll have fun and make some decent money for your time if you play it right.

Doug