Contracts for Creatives: Four Things to Note
Recently, an article by the Straits Times on the proposed Copyright Act in parliament has put the spotlight on issues such as copyright. It’s common for creatives to face challenges when negotiating contracts. I’m writing this post to help my fellow artists get some sense of how to craft their contract and what are some of the key aspects to bear in mind.
I understand that some artists may feel pressured to accept a lowball offer or opt to not negotiate because they are afraid of being passed over for another more compliant artist. But there are really two questions you should ask yourself:
1) Am I worth it?
What is your work worth? What is your time worth? What is your effort and energy away from your loved ones worth? What is your perseverance and years of honing your craft worth?
$50 with unlimited edits? Really? I think you’re worth far more. And you need to believe that for yourself. Because if you don’t you’ll never be paid what you’re worth.
2) If I choose not to negotiate, how does that impact the artistic community?
If every artist bands together and demands fair compensation, clients will have no choice but to give us our due. We have no union or HR to represent us. So we have to stick together and enforce our own guidelines so that we can be treated with the respect that we deserve. Besides, if the client is only willing to offer a pittance, is that an entity you really want to work with?
Caveat: some clients may not be in a position to pay you your usual rate but are able to offer you other non-tangible benefits i.e. a gallery exhibition at a prominent location etc. In this case it is up to you to decide whether what they can offer you is a worthy tradeoff.
Do bear in mind that I am writing from the position of a visual artist. Artists from other disciplines may need to adapt this for their own purposes.
So let’s get into these four aspects. They can be broadly broken down into four categories:
1. Copyright
2. Payment
3. Legal
4. Working relationship
Copyright
Simply put_ who owns the work? If you retain the copyright, you can continue using the work for your own purposes, including licensing. But if you are signing away ownership, I highly recommend you raise your price, especially if the client intends to use your work for commercial purposes.
Do clarify with the client what they intend to do with your work and have it stated clearly in the contract. For example, if the client informs you that the artwork is for private display (eg: wall décor at home), but you later find prints of the artwork being sold online, you have legal grounds to demand compensation.
Payment
This is not just about the amount, but also how much and when. I suggest a non-refundable amount upfront before you commence the work, and the rest of the payment before you send over the completed image. This will ensure you don’t spend hours working on something, only for the client to back out because he changed his mind and it costs him nothing to do so. And if the client decides to back out of the project midway, make sure you have included a “kill fee” to cover your time and effort. Depending on how much of the work is completed, the ‘kill fee” amount will vary and it is up to you to specify that so that in case the client cancels ¾ way into the project, the client is still liable to compensate you for whatever work you have finished.
Legal
This to make clear that the ownership of any IP you might have used in the creation of the work still rests with the original owner. For example, if the work required the use of a certain font that is available for commercial usage, it must be made clear the client has no ownership of the font when the completed work is submitted to them.
Working Relationship
This clarifies your position in relation to the client. Namely, that you are working on contract and that your relationship will be over upon agreed completion of the contract. If both parties deem the contract to be completed, and the client wants edits to be made months later, a new contract would have to be formed. The client cannot be under the impression that he has a perpetual access to you as you are not his employee.
This is a simplistic overview of the elements of a work contract for artists. But these are also some of the most important aspects to consider, both to protect your rights and to ensure you are fairly paid for your work. If this post is helpful, feel free to bookmark it so that you can have easy access for reference.
References: The Graphic Artist Guild Handbook,13th Edition
