I was interviewed by Dave 'The Lifekludger' Wallace and Mike Seyfang via Skype on Thursday for their podcast. Our episode is 'The Extraordinary Lives Show #29', and it's 55'40" long, and weighs in at a mere 19.2mb. (To download it, right-click on the link, and 'save target'. That should do it.)In the show, towards the end, I mention an agreement I created for artists to use in defining their relationship with clients. It's based on a Creative Commons foundation. And it should be quite easy to modify for your own needs.
I've made the document available for you to remix at will on Google Documents. It's titled: 'Draft of Creative Commons-based contract for artist/client relationship'. Please feel free to pick holes in it, and to do whatever you like with it. I'm not a lawyer, but I did have a lawyer look at it for me. And my client was a labour lawyer. And I've sent it off to the Creative Commons bunch in South Africa to play with as they see fit. But that does NOT mean that it's infallible or bullet-proof.
Here it is:
AGREEMENT
Agreement made this _____________day of _______________ in the year _______, between [NAME OF CLIENT], hereinafter referred to as ‘THE CLIENT’, and Roy Blumenthal, hereinafter referred to as ‘THE ARTIST’.
SUMMARY
THE CLIENT is retaining THE ARTIST to produce four (4) cartoons, per month for a six-month period. Remuneration shall be as per clause 3 below. Each cartoon shall be referred to hereinafter as ‘THE ARTWORK’.
1 TERM:
The respective duties and obligations of the parties hereto shall commence on the date stipulated in the schedule as per clause 2 below.
2 SCHEDULE:
2.1 THE CLIENT will provide THE ARTIST with a relevant delivery schedule, with deadlines at least 14 days in advance.
2.2 THE CLIENT will advise THE ARTIST timeously of any changes to the schedule, which will be subject to THE ARTIST’S other contractual obligations.
2.3 The schedule shall be attached as an addendum to this agreement, and forms part of this agreement.
3 REMUNERATION:
3.1 THE CLIENT shall remunerate THE ARTIST a set fee of R2200 per month, in advance of delivery of work. This figure is made of four (4) ARTWORKs per month at R550 per ARTWORK.
3.2 If additional ARTWORKs are required in a particular month, they will be charged at an ad hoc price of R800 per additional ARTWORK.
3.3 This agreement will remain in force for a period of six (6) months from date of signature.
3.4 In the event of special circumstances, variations to the fee schedule of paragraphs 3.1, 3.2, and 3.3 will be allowed as mutually agreed to in writing by the parties hereto.
3.5 Notification. THE ARTIST will be notified by THE CLIENT in writing of any additional ARTWORKs over and above the contracted four per month. Such notification will include a deadline date not less than seven (7) days in advance. Payment must be made before delivery of THE ARTWORK.
3.6 If any ARTWORKs of the four (4) contracted per month are not used for whatever reason in a particular month, they may be used at THE CLIENT’s discretion at another time, for the same purpose. However, this will not impact the stipulated per month payment. If THE CLIENT elects to use fewer than four of THE ARTWORKs, payment will not be adjusted down accordingly. This agreement represents a retainer.
4 METHOD OF PAYMENT:
4.1 Payment to THE ARTIST will be made into THE ARTIST’S BANK ACCOUNT. Details of THE ARTIST’s bank account will be given as an addendum to this agreement.
4.1.1 THE CLIENT will fax and/or email confirmation of payment to THE ARTIST before work will commence.
4.2 CANCELLATION BY THE CLIENT:
THE CLIENT is entitled to cancel the services of THE ARTIST at any time, in writing. Termination is effective immediately, with full payment to be made by THE CLIENT for artworks contracted for up to that date, whether these have been created or not. It is up to THE CLIENT to decide whether or not THE ARTIST must deliver the required artworks. THE CLIENT will inform THE ARTIST of this delivery obligation in the same written termination of service.
4.3 CANCELLATION BY THE ARTIST:
THE ARTIST is entitled to terminate this agreement at any time, in writing. Termination is effective immediately, with full payment to be made by THE CLIENT for artworks contracted for up to that date. THE ARTIST is obligated to deliver the required artworks as per the deadlines stipulated. Should THE ARTIST be unable to deliver those artworks for whatever reason, THE ARTIST will forfeit the full fee per artwork as per 3.1 and 3.2 above. The full fee in 3.1 refers to the pro rata fee of R550 per artwork.
5 COPYRIGHT AND REPRODUCTION:
5.1 The property rights on THE ARTWORK shall rest with THE ARTIST.
5.1.1 It is hereby stated that THE ARTIST is granting THE CLIENT rights to use THE ARTWORK as specified in clause 5.2 below, and that ownership remains with THE ARTIST.
5.1.2 THE ARTWORK remains the intellectual property of THE ARTIST, and is automatically copyright under traditional copyright law, with additional rights explicitly granted to the client under clause 5.2 below.
5.2 THE ARTIST grants THE CLIENT the rights to:
5.2.1 Freely reproduce THE ARTWORK for non-commercial use. This includes making copies of THE ARTWORK up to A4 in size for display in areas such as the boardroom, the company bar, employee’s homes and so on.
5.2.2 Use THE ARTWORK on THE CLIENT’s corporate website.
5.2.3 Use THE ARTWORK in THE CLIENT’s marketing newsletter.
5.2.4 Use THE ARTWORK for any internal training, marketing or motivational materials as THE CLIENT sees fit, unless said materials form part of a franchise kit being prepared by THE CLIENT, in which case, clause 5.3 below holds.
5.2.5 Use THE ARTWORK for publicity purposes such as press releases.
5.2.6 Reproduce the artwork as part of an article about THE CLIENT in an outside magazine, as long as THE ARTIST is clearly identified and attributed.
5.2.7 Utilise the artwork under the terms and conditions granted by the Creative Commons License: ‘Attribution—Non-Commercial—Share-Alike’. Please see the following website address for details: http://creativecommons.org/licenses/by-nc-sa/2.5/deed.en.
5.3 Any other use of THE ARTWORK outside of the uses outlined in 5.2 above are subject to a new agreement between THE ARTIST and THE CLIENT. Uses specifically prohibited under this current agreement include, but are not limited to the following:
5.3.1 Use of THE ARTWORK in any advertising, whether it be below-the-line, including pamphlets, vehicles and any targeted communications outside of the regular newsletter as mentioned in 5.2.3 above. or above-the-line, including television, print, billboards, and any other medium.
5.3.2 Use of THE ARTWORK as corporate or other gifts.
5.3.3 Use of THE ARTWORK in any commercial transaction.
5.3.4 Use of THE ARTWORK as part of a logo or insignia.
5.3.5 Enlargements or reproductions of THE ARTWORK as fine-art prints.
6 BREACH:
6.1 If THE ARTIST breaches any terms in this agreement or THE ARTIST misses any deadlines by reason other than illness or accident without written permission from THE CLIENT, THE CLIENT shall be entitled to terminate this agreement immediately without prejudice to any rights to damages which may result there from, subject to clause 4.2 above.
6.2 If THE CLIENT is in breach of the terms of this contract, the full fee as stipulated in clause 4.3 above shall be immediately payable to THE ARTIST on written notification by THE ARTIST of said breach.
7 GENERAL:
7.1 THE ARTIST acknowledges that all information pertaining to the THE CLIENT and THE CLIENT’S client/s is confidential.
8 TERMINATION OF THE AGREEMENT:
This Agreement may be terminated by either party upon giving written notice. Upon the giving of said notice, THE CLIENT shall cause to be paid to THE ARTIST any monies due THE ARTIST as herein provided.
9 DISPUTES:
9.1 Any controversy or claim arising out of or relating to the compensation to be paid by THE CLIENT to THE ARTIST for services rendered by him/her pursuant to the terms of this Agreement shall be settled by arbitration in accordance with the rules of the Commission for Conciliation, Mediation and Arbitration of South Africa (CCMA), and judgement on the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. Any party to this agreement may submit to arbitration and said controversy or claim.
9.2 Written notice of dispute must be delivered by either party within seven (7) days of payment date.
10 CONTRACT ENFORCEMENT:
10.1 This Agreement constitutes the entire agreement about understanding between the parties and supersedes any and all other agreements between the parties.
10.2 No remedy granted to THE CLIENT by virtue of the Agreement shall be exclusive of any other legal or equitable remedy available to THE CLIENT existing by laws of statute.
11 MISCELLANEOUS:
11.1 The parties agree and intend that all questions concerning this Agreement, including the validity, capacity of parties, effect interpretation and performance shall be governed by the laws of the Republic of South Africa.
11.2 The rights, privileges, duties and obligations of both THE CLIENT and THE ARTIST to each other shall be limited to those specifically set forth herein.
11.3 This Agreement and the terms, conditions and obligations herein contained shall be binding upon the parties hereto, their assigns, transferees, heirs and legal representatives.
11.4 This Agreement shall not vest in THE ARTIST, his/her heirs, estate, or legal representatives, any right, title, or interest in any assets in THE CLIENT itself, its name, good will or other market business activities other than as set forth in the Agreement and only for so long as the Agreement has not been terminated, and not longer.
11.5 This Agreement constitutes the complete Agreement between THE ARTIST and THE CLIENT. No representation or promise, either oral or written, has been made except as specifically set forth herein. Should any part of this Agreement be declared invalid, such invalidity shall not affect the remainder of this Agreement. It is the intention of the parties that they would have executed the remaining portion of this Agreement without herein including any portion which may hereafter be declared invalid.
11.6 Any changes to the Agreement shall be reduced to writing and agreed to by signature by THE ARTIST and THE CLIENT. Said signatures will not be reasonably withheld.
11.7 The forbearance or neglect by either party to insist upon the performance of the Agreement, or any part thereof, shall not constitute a waiver of any rights or privileges.
Signed:………………………… Signed:………………………
(THE ARTIST) (THE CLIENT)
Name:…………………………. Name:……………………….
Date:…………………………... Designation:…………………….
Date:………………………..
Witness:……………………….. Witness:………………………..
Name:…………………………. Name:………………………….
Date:…………………………… Date:……………………………
At:……………………………… At:……………………………….
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