In this article, we get to understand the key areas while drafting an Artist agreement between the producer and an artist; engaging the artist for his services for a film or music. Today’s post has been contributed by lawyer Lauren Blair who has over 25 years of experience in litigation, including media & entertainment law; and by a New York based music band Spells and Curses. Finally, samples pertaining to the same has been added in this post.
Lauren Blair on Key areas of an Artist Agreement
When drafting a written agreement between an artist and a producer for the artist’s services for a film, key areas include Ownership and Use of Work.
It’s important for the artist to understand if the contract is for a work for hire. If so, then he or she will have no ownership rights to the work. The artist will have fully and permanently assigned all rights in the work to the producer in exchange for the agreed-upon payment. As such, the artist has no right to receive any royalties from any film sales or any derivative works derived therefrom.
The Ownership section typically makes clear that the artist has no authority over, or approval of, any changes made to the work. The artist also will be required to relinquish any and all rights to derivative works based on the original work.
If the producer is not contracting with the artist to work for hire, but instead using existing art in the film, then the artist should make clear that he or she is not permanently relinquishing rights in the works, but only giving a temporary and limited license. The license would approve the use of the work in the film but not allow the license to be freely used or assigned to other entities.
In terms of the Use of Work, artists typically have no control over the work, how it’s used, or even if it will be used in a film. Contract provisions concerning Use of Work generally give the producer the sole discretion to use or not use the work or services provided by the artist. In fact, there’s no guarantee that the film will be completed or distributed.
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Arnold from “Spells and Curses” on Key areas of an Artist Agreement
As a recording artist and film composer myself, I have first-hand experience regarding what points are necessary to address when drafting an Artist Agreement between the producer and an artist for a film. These are the three main points to specify:
Payment and terms: This specifically refers to what the pay will be and what/how much music is required from the artists in order to receive said payment. This is important for both parties in that it allows the artist to decide if the pay is worth their efforts (in addition to other factors).
Deadline: Having a clear understanding about due dates are important for the artist to know how much time they’ll need to invest in the project, especially if they are balancing other projects as well. This will also accommodate the producer by making a clear and set finish line for the artist.
Point of communication: A lot of times, film production can get chaotic. It is important to specify who the point of communication will be just. Is it the producer? Director? Music director? Etc. Specifying this lets the artist know who they can reach out to for any questions as well as a point of reference about anything regarding the project, or even their own progress.
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Sample Artist Agreements by the DocPro
Artist Agreements could be of three natures. These are as following:
- Neutrally Drafted
- Drafted in the favour of Artist
- Drafted in the favour of Customer hiring an artist
The samples of each of the above could be accessed here.
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