- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: Contract Advice
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Contract Advice"
Collapse
-
Not sure if egos are more IT or have widened their remit. They certainly claim to be cognisant of all contract matters affecting freelancers...
-
Originally posted by MartinUK View Postthat's great, thanks for the help. Will a local solicitor be ok to give legal advice, or should I look for one that specialises in the creative field?
Local solicitors tend to be jacks of all trades and master of none - so while they can look things up they don't know how it works if things go wrong. A specialist in the creative field will be use to being contracted when things go wrong.
Leave a comment:
-
that's great, thanks for the help. Will a local solicitor be ok to give legal advice, or should I look for one that specialises in the creative field?
Leave a comment:
-
Originally posted by MartinUK View PostHi, I'm an animator and I've been given a new contract, and wondered if anyone who's more legally minded would mind checking it out for me.
There are a couple of points I'm unsure about. First, I have done 5 jobs for this company without a contract. Does this contract apply to those jobs, or only jobs I complete going forwards?
Second, it says they are under no obligation to credit me with authorship. This is a deal breaker for me, as the jobs are very low paid, and the only reason to do them is if I can use them to promote myself.
You're right that 1(d) removes your moral right to be identified as the creator, which I would also be unhappy about having in any of my contracts (the same principle applies to anything that you create, whether it is a film or a piece of code). Unless my code screws up bigly, I want to be able to claim the right to be identified as the author.
I would suggest removing 1(d) and merging parts of it into 1(c):
"c) The Filmmaker shall not do anything or cause anything to be done to limit or infringe the Publisher’s rights under this Agreement and undertakes to execute any document required by the Filmmaker to secure the Publisher’s rights in the Work. The Publisher may make any changes or additions to the Work at their sole and absolute discretion and is under no obligation to use the Work or any part thereof."
You may find more appropriate advice over on FUK rather than CUK - Freelance UK Forums - Forum for UK Freelancers - but bear in mind that there aren't as many people over there as here. Nobody around these parts is going to give you qualified legal advice - it's worth what you pay for it - but hopefully that's a pointer for you.
Leave a comment:
-
On here we are not qualified to give you legal advice you need to find your own legal advisor to do that.
As we mainly work in the field of IT the people we use don't tend to work with animators.
Leave a comment:
-
Contract Advice
Hi, I'm an animator and I've been given a new contract, and wondered if anyone who's more legally minded would mind checking it out for me.
There are a couple of points I'm unsure about. First, I have done 5 jobs for this company without a contract. Does this contract apply to those jobs, or only jobs I complete going forwards?
Second, it says they are under no obligation to credit me with authorship. This is a deal breaker for me, as the jobs are very low paid, and the only reason to do them is if I can use them to promote myself.
Here's the contract:
Terms and Conditions: Creating content with ### THIS AGREEMENT is made on 19/04/2017
BETWEEN:
(1) ### (“Publisher”); and
(2) ### (the “Filmmaker”).
Term Sheet:
1. Rights and Ownership
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
a) The parties agree that the commissioned Work done by the Filmmaker pursuant to this Agreement shall be deemed "work for hire" under Copyright laws of England and Wales and the Publisher shall own the Work and shall be the full and exclusive owner of all rights and title in and to the proceeds of the services commissioned herein at all stages of development, including any ideas, discoveries, designs or products developed.
b) If for any reason the Work or part thereof is not deemed a work for hire, then the Filmmaker hereby irrevocably transfers and assigns to the Publisher in perpetuity, all rights, title and interest therein including all copyrights and any other applicable intellectual property rights.
c) The Filmmaker shall not do anything or cause anything to be done to limit or infringe the Publisher’s rights under this Agreement and undertakes to execute any document required by the Filmmaker to secure the Publisher’s rights in the Work.
d) The Filmmaker waives all moral rights in the Work and the Publisher may make any changes or additions to the Work at their sole and absolute discretion, is under no obligation to use the Work or to credit the Filmmaker with authorship in the Work or part thereof.
3. Content Indemnification
All content created by Filmmaker is either original and where applicable, the Filmmaker has the rights or licenses or other permissions required to execute the Work with agreements in hand confirming appropriate rights to all intellectual property involved. Filmmaker may use the work itself solely for a virtual portfolio or on self-promotion channels, limited to a 30 second clip of the Work. Filmmaker may not publish content on YouTube.
4. Relationship of Parties
Filmmaker indemnifies Publisher against any issues related to intellectual property rights and guarantees that the Work will not infringe upon or violate the copyright or intellectual property rights of any other person, entity or third party. Publisher acquires all rights to the Work and may use, modify, distribute, sublicense and monetize the work in any medium, in any geographical location, in perpetuity. Publisher agrees that
It is understood and agreed by both parties that this Agreement does not create or establish an employment relationship. The Filmmaker shall operate as a self-employed independent contractor and shall assume all risks, expenses, insurance coverage incurred in providing work or services under this Agreement. The Filmmaker shall not be entitled to any rights or benefits provided to the Publisher’s employees. The Filmmaker may provide similar services to a third party. The parties agree to provide relevant documentation required for financial reports and taxes.
ThanksTags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Gary Lineker and HMRC broker IR35 settlement on the hush Yesterday 09:10
- IT contractor jobs market sinks to four-year low in November Dec 10 09:30
- Joke of the Day Dec 9 14:57
- How company directors can offset employer NIC rising to 15% Dec 9 10:30
- Contractors, seen Halifax’s 18-month fixed rate remortgage? Dec 5 09:59
- Contractors, don’t be fooled by HMRC Spotlight 67 on MSCs Dec 4 09:20
- HMRC warns IT consultants and others of 12 ‘payroll entities’ Dec 3 09:15
- How you think you look on LinkedIn vs what recruiters see Dec 2 09:00
- Reports of umbrella companies’ death are greatly exaggerated Nov 28 10:11
- A new hiring fraud hinges on a limited company, a passport and ‘Ade’ Nov 27 09:21
Leave a comment: