Hi, I've just landed a deal with a small satellite TV station for a series of 12 animated cartoons. Can anyone advise me how to go about drawing up a contract, and what I should say?
I want to keep the intellectual rights, as the budget is low, and also claim repeat fees. Is there a sample that I could use?
Don't ask us.
Ask an entertainment lawyer, that is what they are there for.
"We all grow older, we do not have to grow up"--Archie Goodwin ( 1937-1998)
I so asked to work to you as the animator. And you have given up.:confused: :( :( :(
First of all, Kronus, I'm sorry that I haven't got back to you. I might have mentioned to you that I've got loads to sort out regarding the business side of things before I can launch into animating. The situation is, is that I have a number of investors interested in my company, and I've also landed a deal with a TV network to make a series. There's loads to do, and I'm doing all of this and trying to feed my family; it's all good, and I WILL get back to you in due course.
Okay, Ken, I asked a question, and I thought a seasoned pro like yourself, might have been able to offer some advice other than stating the obvious, in what appeared to be a rude way - as if I'm stupid.
I'm having to learn on the job, as interest in my work is growing rapidly, so if I sound like I don't know what I'm doing, you're right. What this industry needs is mentors, who don't treat people as idiots, but use their wisdom and experience to nuture others. I thought that this website was supposed to support that notion, but I'm obviously wrong.
Oh fer cryin' out loud.
When a question is asked here, or anywhere, there's two possible ways of replying:
One can be patronizing and coddling.
The other is being straight-shootin' honest with the person asking.
I was honest.
And you have a problem with that?
Geez, man, think about it.
You want LEGAL advice on BINDING CONTRACTS, and your first thought is to ask the rank and file?? How do you qualify our backgrounds and expertise--remember there are posters here that have decietfully POSED as animation professionals, when they were anything but. ( Heh, what if someone said to talk to Diemeras Dark Angel for advice.........)
That is a DANGEROUS move in any business, because the TENDENCY is to accept that rank and files advice and think its gospel.
People also tend to be cheap, and think legal advice is expensive.
Do you really want to risk the project and your income by being cheap? Is it worth SO little to you?
Do not ask US..........ask the lawyer first--a lawyer will NOT bullshit you.
Here, you can get all manner of wayward bullshit or outright WRONG legal advice.
Asking us becomes a WASTE of your time and effort.
How much more succinctly do you want it put to you?
If you are asking us, you do NOT know what you are doing--when clearly legal matters belong in the arena of legal specialists. They know what to do.
Any similar deals anyone here has gone through will be unique to them--their experience will likely NOT apply to your arrangement.
C'mon you do NOT need a mentor for that! Asking us about legal advice is treating YOURSELF like an idiot--there's no other way to put it. You may as well ask a teddy bear.
If you want to know how to draw up a proper contract that will represent you, and what to say in those dealings there is NO-ONE posting on these forums that can properly help you in that regards. A lawyer can do that.
Hey, if what I just told you now and before is NOT supporting the notion of this site, then NOTHING is, pal. Its as wise and nurturing as you could ever hope to get. No bullshit, just straight honesty--what's more useful to you?
If you think that is rude, what would it be if you took someone's advice here on contracts and they were wrong?
Think about it.
"We all grow older, we do not have to grow up"--Archie Goodwin ( 1937-1998)
Lawyers charge by the hour. A person doesn't want to spend their hard earned cash sitting in a high priced lawyers office having the basics explained to them.
It's always prudent to first talk to people who have general knowledge. They don't charge $150 bucks an hour. It's called doing research.
I try to get as many educated opinions as I can, and then compare notes and consider the different sources. That way when I'm in the lawyers office I can skip the preliminaries and get right to the heart of the matter...maximizing their expertise as quickly as possible.
That said, if you have any freinds or family that are lawyers, see if you can get some free advice (they don't have to be entertainment lawyers). Most contracts have standard clauses, they can be quite helpful in explaining some of the basics.
There are also a lot of simple contracts of various types posted online, they can be helpful in introducing you to standard clauses.
Try referencing this book: Graphic Artists Guild Handbook: Pricing & Ethical Guidelines (Graphic Artists Guild Handbook of Pricing and Ethical Guidelines) .
It deals more with graphic arts and not necessarily animation, but it still contains some useful information about things to consider when putting together a contract.
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Cartoon Boy,
A mentor gives advice. A good mentor gives sound advice. Ken said "get an entertainment lawyer". That is exactly and precisely what you should do. There are very expensive lawyers that defend celebrities and keep them out of jail or whatever, and then there are adequately skilled and knowledgeable lawyers who are skilled and experienced drawing up contracts for people like ourselves in the entertainment business. He/she will know all about how to word clauses for the deal that you want.
The point is: that we won't know all that. Or rather, we shouldn't be trusted to tell you what you need in your contract to protect your interests. A contract that my lawyer drew up will suit my needs, not yours, perhaps.
All that said, there are some excellent books that put contract negotiations into plain language (or even legalese). Mark Litwak has a number of books that are good, e.g. "Contracts for the Film & Television Industry", "Dealmaking in the Film & Television Industry". The Graphic Arts Guild Handbook is an excellent suggestion. Also look at books geared for Animation Producers, ex. "Producing Animation". Finally, any book that explains distribution/production contracts for Television would help.
Time to do your research... or just hire a lawyer. The first consultation is usually gratis, milk it.
if you dont want to spring for a contract you can ask the broadcast company for their contract or their standard contract and go over it yourself.
going over a contract does not need you to be a lawyer, drawing up is always a good idea with legal assistance.
Good research material Frazer, and helpful advice. But I have to disagree with the idea of putting blind faith in a lawyer.
Lawyers are not altruistic. A lawyer is a man who helps you get what is coming to him. Be frank and explicit with your lawyer. It's his business to confuse the issue afterwards.
It's best to be informed.
It's best to do your research AND hire a lawyer.