In the entertainment world, most business is conducted using contracts — from production to advertising, they all need adequate contracts to conduct their affairs.
But what about in the art world?
Creatives such as graphic designers, editors, writers, actors, etc., need a work order contract in order to accept jobs and reduce risk, as well as provide for a license back to use the product in their artistic portfolios.
So whether you’re in the entertainment or art world this blog is your guide to:
- Learn why contracts are a cornerstone for any successful creative business.
- Explore the various types of contracts essential in the creative world.
- Understand key considerations to keep in mind while reading contracts.
- Discover why contracts are vital for safeguarding rights and relationships.
- Find out how to take the next step in securing legal guidance for your endeavors.
Contracts For Small Businesses
Your creative business is an important asset, so it’s a must to protect it with contracts that have clear terms and conditions. These documents go beyond legalities and ensure everyone is on the same page about project details, deliverables, and payment terms. So keep in mind that specific terms will vary depending on the project and parties involved.
Below you’ll find consistent cornerstones:
A written agreement signed by two parties granting ownership in the copyright to the work from the moment of creation. Often the work made for hire language is contained in a clause in the longer form contractor agreement.
Non-disclosure agreements (NDAs)
A written agreement to provide for limitations of disclosure of confidential information obtained by either party by virtue of the business relationship, some with terms lasting indefinitely (such as for trade secrets protections).
Licenses are nuanced contracts that set boundaries for intellectual property rights exploitation, including protecting owners’ rights, and ensuring a lawful use of others’ works.
A contract that allows lenders to foreclose on collateral (i.e., assets) if borrowers default on loans, boosting lenders’ confidence. Collateral can be tangible or intangible. Tangible assets are items such as real estate, cars, inventory, and equipment, which are fixed assets. Cash, stocks, and bonds are current assets, in contrast. Both fixed and current assets are tangible assets that can be collateralized. It is more challenging to do this with intellectual property albeit often we see copyright mortgages in order to secure accounts receivable for a creative investment.
Your Legal Status
As a creative with a small business, few things are as crucial as establishing contracts in the entertainment and creative sectors. These agreements do more than protect you; they play a pivotal role that lays out a solid foundation for any creative business relationship.
In other words — Without a contract in place, parties have no blueprint to resolve disputes and are left with limited options — either proceeding to court or risking the loss of their entire investment.
So as much as contracts can be complex and not a fun topic, they’re crucial in preserving balanced business relationships and securing both parties’ interests.
When & How To Get Started
You want to always initiate contract discussions early in collaborations. But if you’re already well into the project, start a contract now, so you can both have some peace of mind and protection.
To determine the key terms required for a legally binding agreement, refer to our Contracts 101 blog. We can not stress the importance of having a business contract when collaborating with clients to ensure mutual understanding, intentions, and legal protection.
But how do you get started? There are tools and templates you can use on the internet but your best act of defense is to ask an attorney for guidance like Attorney Morin. Often general boilerplate agreements do not hold up because they’re not drafted with particularity to cover the nuances of the transaction, so you’re not really protected.
Creative Business Contract Details
In short, there’s no one-size-fits-all contract in the creative world. Each legal agreement is a unique, tailored agreement reflecting the specific project, parties involved, and their requirements.
However, when drafting a contract for your creative business, these 10 key elements should be on your radar:
- Scope of work/services
- Credit (if applicable)
- Compensation/Payment schedule
- Ownership of the work
- Reps, Warranties, and Indemnities (more details here)
- Dispute Resolution
- Choice of Law (e.g. California, New York)
These elements ensure that your contract completely addresses the unique needs and nuances of your creative project.
That’s why, in the entertainment and arts world, most business is conducted using contracts. The difference between an agreement that crumbles under pressure and one that provides ironclad protection for creative professionals lies in choosing the right contract and its terms.
So to ensure you have a solid foundation for your future endeavors, take the leap now. Seek the guidance of Attorney Morin, an expert in creative contracts. With her professional assistance in drafting contracts, you can navigate the legal aspects of the creative industry.
Don’t miss out on the opportunity to enhance your protection and legal compliance.
Book a 15-minute courtesy call with Attorney Morin by dialing +1 (404) 800-5568.