New and looking for volunteers.
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cartwright
- Posts: 10
- Joined: Mon Oct 03, 2005 6:19 pm
Writing contracts like this is expert work. One way out is to use back-end share but you need to get adcice on this. You need to gain "all rights", so that it if goes to Multimedai instead ot Tv, or is used in advertising and merchandising, you have permission to do so. You can buy the rights outright or negotiate a larger fee if the project is commissioned.cartwright wrote:Nice idea, thanks for your input. I thought about that. That's one reason i didnt want to get outside help, but I have a tight schedule and can not do it alone. I don't know how i'd put it in writing. You think i should make something for people to sign or what? The only thing i was thinking of is that if it does go on tv, you will recieve a part of the money for designing the characters. I dont know if that would still apply if i got a production team ( as in if i got on tv) who may completely redesign the characters for the tv version of the show. I'll have to think about your input.
EDIT: if i redesign the characters for the tv version, would that solve the copyright problem? They'd probably be similar though...aghhh thats confusing. I'm sure i can figure something out.
Redesigning the character to avoid coptright is a no no - an excellent way of gaining a long expensive nasty court case. Be straight upfront and ask what people want. Most designers both amateur and pro are human and understanding on this.
Just be aware of the problem - and be professional. Think of your project as a highly successful South Park (something Moho + Illustrator could have done very easily) - think of all the money the SP creators earn from the TV, kids clothing and other spin-offs. Then think of some poor designer who first created the characters and hasn't been paid anything - something he did "free" - is he going to sit there doing nothing or go talk to a no win - no fee lawyer. Think again of the situation where he signed up for a flat payment of $500 when/if the series was commissioned ... he might then kick himself for not taking a share, but at least legally he cannot complain as the deal was honoured. Think of the other situation where he signed up for 1% backend, taking the gamble that he might only get $50 if only a Pilot film was commissioned - if the series became the next South Park, do you think he'd be happy with 1% of gross (never net btw) ... I think so, big time.
THis comes from experience - a guy designed a principal character for a UK series: He was hard up and took a 1000 to sign over the world rights. The series took off and went 3 series. THe merchandizing along earned a million plus. He felt gutted but there was nothing he could do about it. Others I know have designed stuff and been paid one-off fees for the design, only for the series to be cancelled. They are now laughing.
The commissioning of TV series/straight-to-DVD is always a gamble.
Gut instinct or stubbon blind faith in your own design abilities will dictate which you option you take.
See if you can find a lawyer who is willing to do the contactual work on the same principal - no commission, no fee - if the series takes off, he too will earn a lot of money.
Hope this helps a little.
